Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed)
Dail Éireann — 2023-02-15
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Stephen Donnelly (FF), Wicklow

I move amendment No. 19:
In page 45, between lines 10 and 11, to insert the following:
“PART 5
OPEN DISCLOSURE OF PART 5 REVIEWS
Part 5 review
35. (1) A patient may request a review (in this Act referred to as a “request for a Part 5 review”) of the results of a screening which has been carried out by a cancer screening service in relation to the patient.
(2) A request for a Part 5 review shall be made in writing to the health services provider who provided the cancer screening to the patient.
(3) Where a request for a Part 5 review has been received in accordance with subsection (2), the health services provider which received the request shall carry out the review, which review shall be carried out in such form and manner and subject to such requirements and conditions as may be reasonably specified by the provider for the
purposes of carrying out Part 5 reviews under this Part.
Obligation to inform patient of right to make request for Part 5 review
36. A health services provider shall, in relation to a patient in respect of whom a cancer screening is to be or is being carried out, inform the patient in writing, either before or at the time the cancer screening service carries out the cancer screening on that patient, of his or her right to make a request for a Part 5 review.
Obligation to make an open disclosure of Part 5 review
37. (1) Where a Part 5 review has been carried out in respect of a patient, the health services provider shall, subject to sections 50 and 51 , hold a Part 5 review disclosure meeting in order to make the open disclosure of the review to the patient or relevant person (or both of them) as specified in section 39 .
(2) For the purposes of subsection (1) , where a health services provider is satisfied that a Part 5 review has been carried out but not all of the information relating to the review is available, the health services provider shall make the open disclosure of the Part 5 review under subsection (1) notwithstanding the absence of some of that information.
Health practitioner to inform health services provider of Part 5 review
38. (1) Without prejudice to section 37 , where, a health practitioner becomes aware that a Part 5 review has been carried out in relation to a patient, the health practitioner shall, as soon as practicable, inform the health services provider which is providing the health service to the patient of that fact.
(2) A health practitioner shall inform the health services provider referred to in subsection (1) whether or not the Part 5 review was carried out during the provision of a health service to the patient by—
(a) that provider, or
(b) another health services provider.
Persons to whom open disclosure of Part 5 review is made
39. (1) A health services provider shall make the open disclosure of the Part 5 review to—
(a) the patient concerned,
(b) a relevant person where—
(i) in the opinion of the principal health practitioner providing clinical care to the patient, having regard to the clinical circumstances of the patient, who is the subject of the Part 5 review, the capacity of the patient is such that he or she is unable to—
(I) participate in that open disclosure, and
(II) consent to that open disclosure being made to a relevant person,
and that capacity is unlikely to be of a temporary duration, and the health services provider is satisfied that a Part 5 review has taken place, it is appropriate, having regard to section 37 , that the open disclosure of that review is made to a relevant person,
(ii) the patient has died, or
(iii) the patient has requested the health services provider to make the open disclosure of the Part 5 review to a person whom the patient has nominated as a relevant person for the purposes of this Act and not the patient, or
(c) both the patient and a relevant person where, before the Part 5 review disclosure meeting is held, the patient has requested that a person whom the patient has nominated as a relevant person for the purposes of this Act attends that meeting to assist the patient and that in addition to making the open disclosure to the patient that the health services provider makes the open disclosure of the Part 5 review to that relevant person.
(2) For the purposes of subsection (1)(b)(i) , and making an open disclosure of the Part 5 review to a relevant person, the health services provider shall make the open disclosure—
(a) where an appointment has been made under Part 3, 4, 5, 7 or 8 of the Assisted Decision-Making (Capacity) Act 2015 in relation to health matters, to the person appointed,
(b) where the patient has, under the Powers of Attorney Act 1996, made an enduring power of attorney (within the meaning of that Act) which includes a personal care decision (within the meaning of that Act), to the attorney appointed pursuant to that Act,
(c) where the patient is a ward of court, to the Committee of the Person of that ward, duly authorised in that behalf,
(d) where the patient has nominated, in writing, a person to whom his or her clinical information may be disclosed, to that person,
(e) where the patient is a child, to the parent or guardian of that child or where—
(i) an order in respect of the child has been made under section 18 of the Act of 1991,
(ii) the child has been taken into the care of the Agency under section 4 of the Act of 1991, or
(iii) an order in respect of the child has been made under section 13, 17 or 20 of the Act of 1991,
to the parents or guardian of the child and the Child and Family Agency (or an authorised person) or, where an order under section 23H of the Act of 1991 has been made in respect of the child, to the parents or guardian of the child and that Agency (or the social worker assigned responsibility for the child by the Agency),
or
(f) where the patient does not fall within the categories specified in paragraphs (a) to (e) , to—
(i) the spouse, civil partner or cohabitant of the patient,
(ii) an adult son or daughter of the patient, or
(iii) the mother, father, brother or sister of the patient.
(3) For the purposes of a request referred to in—
(a) subsection (1)(b)(iii) , and
(b) subsection (1)(c) ,
without prejudice to subsection (2)(d) , where a patient makes a request referred to in paragraph (a) or (b) , the patient shall nominate the person in writing (including a person referred to in subsection (2) ) as a person to whom clinical information may be disclosed in respect of information to be provided in an open disclosure of a Part 5 review.
(4) For the purposes of subsection (1)(b)(ii) , and making an open disclosure of a Part 5 review, the open disclosure shall be made to a person specified in subsection (2) .
(5) Where an open disclosure of a Part 5 review is made pursuant to—
(a) subsection (1)(b)(i) or (iii) , to a relevant person, or
(b) subsection (1)(c) , to both the patient and the relevant person,
the relevant person shall consult with the patient in respect of the information provided at the Part 5 review disclosure meeting, and shall convey, to the health services provider with the consent of the patient, the instructions, preferences and wishes of the patient in respect of any matter arising from that information.
(6) Where, after a health services provider has, in accordance with subsection (1)(b)(i) , held the Part 5 review disclosure meeting with the relevant person and after that meeting was held the patient regains capacity, the health services provider shall inform the patient that such meeting was held with the relevant person and shall provide the patient with the information given at that meeting.
(7) In this section—
“Act of 1991” means the Child Care Act 1991;
“authorised person” in relation to a child referred to in subsection (2)(e) who is—
(a) placed in residential care pursuant to the Act of 1991, has the same meaning as it has in the Child Care (Placement of Children in Residential Care) Regulations
1995 (S.I. No. 259 of 1995),
(b) placed in foster care pursuant to the Act of 1991, has the same meaning as it has in the Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995), or
(c) placed with a relative pursuant to the Act of 1991, has the same meaning as it has in the Child Care (Placement of Children with Relatives) Regulations 1995 (S.I. No. 261 of 1995);
“civil partner” has the meaning assigned to it by section 172(1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
“cohabitant” means one of 2 adults (whether of the same or opposite sex) who live together as a couple in an intimate and committed relationship and who are not
married to each other or civil partners of each other.
Open disclosure of Part 5 review
40. Where a health services provider discloses, in accordance with this Act, at a Part 5 review disclosure meeting, to—
(a) a patient,
(b) a relevant person, or
(c) a patient and a relevant person,
the information specified in paragraphs (a) to (c) of the definition of a Part 5 review, the disclosure shall be treated as an open disclosure by the health services provider of the Part 5 review and section 41 shall apply to—
(i) the information in respect of the Part 5 review, provided to the patient or relevantperson (or both of them) at the Part 5 review disclosure meeting, additional Part 5 review information provided at the additional Part 5 review information meeting and information provided in a clarification under section 54 , and
(ii) an apology, in respect of the Part 5 review, where an apology is made at that meeting, or the additional Part 5 review information meeting as the case may be.
Open disclosure of Part 5 review: information and apology not to invalidate insurance, constitute admission of liability or fault or be admissible in proceedings
41. (1) Information provided, and an apology where it is made, to a patient or a relevant person (or both of them) by a health services provider at a Part 5 review disclosure meeting in respect of a Part 5 review, or pursuant to the provisions specified in subsection (3) , the statement referred to in section 49(5) and the statements referred to in the provisions specified in subsection (3) —
(a) shall not constitute an express or implied admission of fault or liability by—
(i) that health services provider,
(ii) an employee of that provider (whether the employee is a health practitioner or otherwise),
(iii) a health practitioner who provides, or provided, a health service—
(I) for, or on behalf of, that provider pursuant to a contract referred to in subparagraph (ii) of paragraph (a) , (b) or (c) of the definition of “health services provider”, or
(II) for, or on behalf of, or through or in connection with, that provider pursuant to an arrangement referred to in subparagraph (iv) of paragraph (a) of that definition,
(iv) an agency health practitioner who provides, or provided, a health service for, or on behalf of, that provider,
(v) a health practitioner including, in the case of a health services provider which is a partnership, a partner of a health practitioner, providing a health service for that provider,
(vi) an agency worker assigned to that provider pursuant to an agency contract,
(vii) a person who enters into a contract or arrangement, referred to in—
(I) paragraph (a)(v) of the definition of “health services provider”, or
(II) paragraph (b)(iv) , or as the case may be paragraph (c)(iv) , of that definition,
with a health services provider,
(viii) by another health services provider where the open disclosure of the Part 5 review is, pursuant to section 37(1) , made by the health services provider in respect of a Part 5 review which did not occur when it was providing a health service to the patient, or
(ix) a person referred to in subparagraph (ii) to (vii) who is an employee of, a health practitioner who provides a health service referred to in subparagraph (iii) to (vi) for, an agency health practitioner who provides a health service for, and a person who enters into a contract with, a health services provider referred to in subparagraph (viii) ,
in relation to Part 5 review or a clinical negligence action which arises (whether in whole or in part) from the consequences of that Part 5 review,
(b) shall not, notwithstanding any other enactment or rule of law, be admissible as evidence of fault or liability of—
(i) that health services provider,
(ii) an employee of that provider (whether the employee is a health practitioner or otherwise),
(iii) a health practitioner referred to in paragraph (a)(iii) ,
(iv) an agency health practitioner referred to in paragraph (a)(iv) ,
(v) a health practitioner referred to in paragraph (a)(v) ,
(vi) an agency worker referred to in paragraph (a)(vi) ,
(vii) a person who enters into a contract or arrangement, referred to in—
(I) paragraph (a)(v) of the definition of “health services provider”, or
(II) paragraph (b)(iv) , or as the case may be paragraph (c)(iv) , of that definition,
with a health services provider,
(viii) a health services provider referred to in paragraph (a)(viii) , or
(ix) a person referred to in paragraph (a)(ix) ,
in a court in relation to that Part 5 review or a clinical negligence action which arises (whether in whole or in part) from the consequences of that Part 5 review,
and
(c) shall not, notwithstanding—
(i) any provision to the contrary in—
(I) a policy of professional indemnity insurance,
(II) any documentation that comprises an offer, or evidence, of an arrangement for indemnity between a medical defence organisation and a member of that organisation, or
(III) a contract of insurance providing insurance cover for claims in respect of civil liability or clinical negligence actions,
or
(ii) any other enactment or rule of law,
invalidate or otherwise affect the cover provided by such policy or contract of insurance that is, or but for such information and such apology would be, available in respect of the Part 5 review concerned or any matter alleged which arises (whether in whole or in part) from the Part 5 review.
(2) Information provided, and an apology where it is made, to a patient or a relevant person (or both of them) by a health services provider at a Part 5 disclosure meeting in respect of Part 5 review or pursuant to the provisions specified in subsection (3) , the statement referred to in section 49(5) and the statements referred to in the provisions specified in subsection (3) —
(a) shall not constitute an express or implied admission, by a health practitioner, of fault, professional misconduct, poor professional performance, unfitness to practise a health service, or other failure or omission, in the determination of—
(i) a complaint under section 57 of the Medical Practitioners Act 2007,
(ii) an application under section 38 of the Act of 1985,
(iii) a complaint within the meaning of section 33 of the Pharmacy Act 2007,
(iv) a complaint under section 55 of the Act of 2011,
(v) a complaint under section 52 of the Act of 2005, or
(vi) an allegation referred to in Article 37 of the Order of 2000, that is made in respect of the health practitioner and which arises (whether in whole or in part) from the consequences of the Part 5 review,
and
(b) are not, notwithstanding any other enactment, admissible as evidence of fault, professional misconduct, poor professional performance, unfitness to practise a health service, or other failure or omission, in proceedings to determine a complaint, application or allegation referred to in paragraph (a) .
(3) This section shall—
(a) in accordance with section 53(7) , apply to—
(i) additional Part 5 review information provided, and an apology where it is made, at the additional Part 5 review information meeting, and
(ii) a statement referred to in section 53(3) ,
and
(b) in accordance with section 54(8) , apply to information and statements provided in a clarification referred to in, and given under, that section.
(4) Information provided by a health practitioner to a health services provider under section 38 —
(a) shall not constitute an express or implied admission of fault by—
(i) that health practitioner,
(ii) that health services provider,
(iii) a health services provider referred to in subsection (1)(a)(viii) , or
(iv) a person referred to in subsection (1)(a)(ix) ,
whether the health practitioner is a practitioner referred to in subparagraph (iii) or (v) of subsection (1)(a) or an agency practitioner referred to in subsection (1)(a)(iv) ,
(b) shall not, notwithstanding any other enactment or rule of law, be admissible as evidence of fault or liability of—
(i) that health practitioner,
(ii) that health services provider, or
(iii) a health services provider referred to in paragraph (a)(iii) ,
whether the health practitioner is a practitioner referred to in subparagraph (iii) or (v) of subsection (1)(a) or an agency practitioner referred to in subsection (1)(a)(iv) ,
(c) shall not, notwithstanding—
(i) any provision to the contrary in—
(I) a policy of professional indemnity insurance,
(II) any documentation that comprises an offer, or evidence, of an arrangement for indemnity between a medical defence organisation and a member of that organisation, or
(III) a contract of insurance providing insurance cover for claims in respect of civil liability or clinical negligence actions,
or
(ii) any other enactment or rule of law,
invalidate or otherwise affect the cover provided by such policy or contract of insurance that is, or but for such information would be, available in respect of the Part 5 review concerned or any matter alleged which arises (whether in whole or in part) from the Part 5 review,
(d) shall not constitute an express or implied admission, by that health practitioner, of fault, professional misconduct, poor professional performance, unfitness to practise a health service, or other failure or omission, in the determination of—
(i) a complaint under section 57 of the Medical Practitioners Act 2007,
(ii) an application under section 38 of the Act of 1985,
(iii) a complaint within the meaning of section 33 of the Pharmacy Act 2007,
(iv) a complaint under section 55 of the Act of 2011,
(v) a complaint under section 52 of the Act of 2005, or
(vi) an allegation referred to in Article 37 of the Order of 2000, that is made in respect of the health practitioner and which arises (whether in whole or in part) from the consequences of the Part 5 review,
and
(e) is not, notwithstanding any other enactment, admissible as evidence of fault, professional misconduct, poor professional performance, unfitness to practise a health service, or other failure or omission, in proceedings to determine a complaint, application or allegation referred to in paragraph (d) .
(5) This section is in addition to, and not in substitution for, any enactment or rule of law relating to the disclosure of information in respect of the provision of a health service.
(6) In this section—
“clinical negligence” means anything done or omitted to be done in the provision of a health service by a health services provider in circumstances which could give rise to liability for damages for negligence in respect of personal injury or death;
“clinical negligence action” means an action for the recovery of damages brought—
(a) by or on behalf of a person alleging that he or she, or a deceased person of whom he or she is a personal representative, has suffered personal injury or death as a result of clinical negligence, and
(b) against the health services provider alleged to have committed the act or omission giving rise to liability or any other person alleged to be liable in respect of that act or omission;
“medical defence organisation” means a body corporate, or an unincorporated body, which provides professional indemnity insurance, on a discretionary or other basis, to a member of that body in relation to an incident of clinical negligence which gives rise to a claim against a member of that body;
“professional indemnity insurance” means a policy of indemnity insurance to cover claims by or on behalf of a patient (or a relevant person) in respect of any description of civil liability for injury, harm or death that is incurred in the provision of a health service (including the carrying on of the business of the provision of a health service).
Statement in relation to procedure for open disclosure of Part 5 review and application of section 41 to information and apology
42. (1) A health services provider shall prepare a statement in writing of—
(a) its procedure for making an open disclosure of the Part 5 review pursuant to, and in accordance with this Part, and
(b) the manner in which section 41 applies to the restrictions on the use, pursuant to this Act, of information provided, and any apology made, at the Part 5 review disclosure meeting, the additional Part 5 review information meeting, or the information provided in a clarification under section 54 and any statements in writing provided in respect of those meetings or that clarification.
(2) Without prejudice to the generality of section 77 , the Minister may make guidelines in respect of the form of the statement referred to in subsection (1) .
Disclosure of information by health services provider and health practitioner
43. (1) When making an open disclosure of the Part 5 review under this Act, a health services provider shall provide all relevant information in relation to the provision of a health service to the patient (or relevant person as the case may be) that is being provided by that provider to the patient and where appropriate any other health service that is to be, or may be provided, to address the consequences of the Part 5 review.
(2) When making an open disclosure of a Part 5 review under this Act, a health practitioner shall provide all relevant information in relation to the provision of a health service to the patient (or relevant person as the case may be) that is being provided by that provider to the patient and where appropriate any other health service that is to be, or may be provided, to address the consequences of the Part 5 review.
(3) The Executive shall have regard to subsections (1) and (2) —
(a) in the performance of its functions under section 7 of the Act of 2004, and
(b) without prejudice to the generality of paragraph (a) , in its management and delivery, under section 7(4) of the Act of 2004, of health and personal social services.
(4) The Authority shall have regard to subsections (1) and (2) when setting standards referred to in section 8(1)(b) of the Act of 2007.
(5) A professional regulatory body shall have regard to subsection (2) in the performance of its functions by or under—
(a) the Medical Practitioners Act 2007,
(b) the Act of 1985,
(c) the Pharmacy Act 2007,
(d) the Act of 2011,
(e) the Act of 2005, or
(f) the Order of 2000.
(6) Without prejudice to the generality of subsection (5 ), a professional regulatory body shall make provision for the obligation referred to in subsection (2) in, having regard to each of the different health practitioners—
(a) the standards of practice or guidance referred to in section 7(2)(i) of the Medical Practitioners Act 2007,
(b) the guidance referred to in section 66(2) of the Act of 1985,
(c) the codes referred to in section 7(2)(a)(iii) of the Pharmacy Act 2007,
(d) the code referred to in section 9(2)(g)(iii) of the Act of 2011,
(e) the guidance referred to in section 27(3)(c) of the Act of 2005, or
(f) the guidelines referred to in Article 4(o) of the Order of 2000.
(7) In this section—
“Act of 2004” means the Health Act 2004;
“professional regulatory body” means—
(a) in the case of a registered medical practitioner or a medical practitioner referred to in paragraph (a) of the definition of “health practitioner”, the Council referred to in the Medical Practitioners Act 2007,
(b) in the case of a registered dentist referred to in paragraph (b) of the definition of “health practitioner”, the Council referred to in the Act of 1985,
(c) in the case of a registered pharmacist or registered pharmaceutical assistant referred to in paragraph (c) of the definition of “health practitioner”, the Pharmaceutical Society of Ireland referred to in section 5(2) of the Pharmacy Act 2007,
(d) in the case of a registered nurse or registered midwife referred to in paragraph (d) of the definition of “health practitioner”, the Board referred to in the Act of 2011,
(e) in the case of a registrant referred to in paragraph (e) of the definition of “health practitioner”, a registration board established by or under the Act of 2005, or
(f) in the case of a person referred to in paragraph (f) of the definition of “health practitioner”, the Council referred to in the Order of 2000.
Making of open disclosure of Part 5 review by health services provider
44. (1) For the purposes of section 37 , the open disclosure of a Part 5 review shall be made on behalf of a health services provider by—
(a) the principal health practitioner, in relation to the patient to whom, or in respect of whom, the open disclosure of the Part 5 review is to be made, or
(b) where the conditions specified in subsection (2) are satisfied, a health practitioner referred to in that subsection.
(2) Where, for the purposes of subsection (1) —
(a) the principal health practitioner referred to in paragraph (a) of that subsection is not available or otherwise not in a position to make the open disclosure of the Part 5 review, or
(b) having had regard to the circumstances of the Part 5 review the health services provider, or the principal health practitioner referred to in paragraph (a) of that subsection, is satisfied that the open disclosure of the Part 5 review should be made by another health practitioner,
the open disclosure of that review shall be made by a health practitioner whom the health services provider, having considered the review concerned, considers appropriate.
Time of making of open disclosure
45. (1) For the purposes of making an open disclosure of a Part 5 review pursuant to section 36 , the health services provider shall make the open disclosure of that Part 5 review at a time when it considers to be appropriate having regard to—
(a) the desirability, subject to paragraphs (b) and (c) , of making the open disclosure as soon as practicable notwithstanding that—
(i) as referred to in section 37(2) , the health services provider does not have all of the information relating to the Part 5 review available to it when the open disclosure of that review is made, or
(ii) without prejudice to subparagraph (i) , the health services provider does not have all, or any, of the information in respect of the Part 5 review available to it when the open disclosure of the Part 5 review is made,
(b) all the circumstances of the patient and the nature, and consequences, of the Part 5 review concerned, and
(c) the requirements of section 46 .
(2) Having considered the appropriate time for making the open disclosure of the Part 5 review, the health services provider shall take all steps reasonably open to it to make
the open disclosure as soon as practicable following that consideration.
(3) Where an open disclosure of a Part 5 review is not made as soon as practicable after the consideration referred to in subsection (2) , nothing in this Act shall be construed
as preventing section 41 from having effect in respect of that open disclosure of that review.
Matters to be addressed by health services provider before making open disclosure of Part 5 review
46. (1) Before making an open disclosure of a Part 5 review a health services provider shall—
(a) in order to determine the appropriate time at which to make the open disclosure to the patient or the relevant person (or both of them) and having regard to section 45(1)(a) —
(i) make an assessment of all the circumstances of the patient and the nature of the Part 5 review, and
(ii) consult, having had regard to the circumstances referred to in subparagraph (i) , with such other person (if any) as the health services provider considers appropriate,
(b) determine, subject to subsection (2) , whether the open disclosure of the Part 5 review is to be made to the patient or the relevant person (or both of them) having had regard to—
(i) the assessment referred to in paragraph (a)(i) ,
(ii) the nature of the Part 5 review, and
(iii) consultations, if any, referred to in paragraph (a)(ii) ,
(c) determine whether, having regard to the nature and circumstances of the Part 5 review concerned, it is appropriate for an apology to be made to the patient or the relevant person (or both of them) at the Part 5 review disclosure meeting,
(d) consider the information relating to the Part 5 review and, having regard to the complexity of that information, take all steps as are reasonably open to the health services provider to present that information in as clear a manner as is possible having regard to that complexity,
(e) designate, in accordance with section 47 , a person to liaise with the health services provider and the patient or relevant person (or both of them) in relation to the open disclosure of the Part 5 review and in respect of a request for clarification under section 54 , and
(f) having regard to the information available, make arrangements for the preparation of the statement, referred to in section 49(5) , that is to be provided, in accordance with section 49(2) to the patient or relevant person (or both of them).
(2) Subsection (1)(b) shall not apply where an open disclosure of a Part 5 review is made to a relevant person pursuant to section 39(1)(b)(ii) , (iii) or (1)(c) as the case may be.
Designated person
47. (1) For the purpose of making a designation under section 46(1)(e) , where the health services provider making the designation is a health services provider referred to in—
(a) paragraph (a) of the definition of “health services provider”, that health services provider may designate—
(i) an employee of that provider, including an employee who is a health practitioner,
(ii) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (a)(ii) of that definition,
(iii) a person with whom that provider has entered into a contract referred to in paragraph (a)(v)(II) of that definition,
(iv) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (a)(iii) of that definition, or
(v) an agency worker,
as the designated person for the purposes of section 46(1)(e) , or
(b) paragraph (b) of the definition of “health services provider”, that provider may designate—
(i) himself or herself,
(ii) the health practitioner providing the clinical care and treatment to the patient concerned,
(iii) an employee of that provider, including an employee who is a health practitioner,
(iv) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (b)(ii) of that definition,
(v) a person with whom that provider has entered into a contract referred to in paragraph (b)(iv)(II) of that definition,
(vi) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (b)(iii) of that definition, or
(vii) an agency worker,
as the designated person for the purposes of section 46(1)(e) ,
(c) paragraph (c) of the definition of “health services provider”, that provider may designate—
(i) the partner who is the health practitioner providing the health service to the patient concerned,
(ii) any other partner who is a health practitioner in the partnership concerned,
(iii) an employee of that provider, including an employee who is a health practitioner,
(iv) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (c)(ii) of that definition,
(v) a person with whom that provider has entered into a contract referred to in paragraph (c)(iv)(II) of that definition,
(vi) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (c)(iii) of that definition, or
(vii) an agency worker,
as the designated person for the purposes of section 46(1)(e) , or
(d) paragraph (d) of the definition of “health services provider”, that health services provider may designate—
(i) himself or herself,
(ii) where applicable, the partner who is the health practitioner providing the health service to the patient concerned,
(iii) where applicable, the health practitioner providing the clinical care and treatment to the patient concerned,
(iv) where applicable, any other partner who is a health practitioner in the partnership concerned,
(v) where applicable, an employee of that provider, including an employee who is a health practitioner,
(vi) where applicable, a health practitioner who provides a health service for that provider pursuant to a contract referred to, where applicable, in paragraph (b)(ii) or (c)(ii) of that definition,
(vii) where applicable, a person with whom that provider has entered into a contract referred to, where applicable, in paragraph (b)(iv)(II) or (c)(iv)(II) of that definition,
(viii) where applicable, an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to, where applicable, in paragraph (b)(iii) or (c)(iii) of that definition, or
(ix) where applicable, an agency worker, as the designated person for the purposes of section 46(1)(e) .
(2) A designation under this section shall be in writing and shall be kept in the records, referred to in section 56, relating to the open disclosure of a Part 5 review made under this Act.
Part 5 review disclosure meeting generally to be held in person
48. (1) A Part 5 review disclosure meeting shall, subject to subsection (2) , be held in person with the patient or relevant person (or both of them).
(2) A patient or a relevant person (or both of them) may, when contacted by a health services provider pursuant to section 49 to make arrangements to meet with it for the purpose of making an open disclosure, request the provider that the proposed meeting be held other than in person.
(3) A request under subsection (2) may be made orally.
(4) Where a request under subsection (2) is made orally, the health services provider shall make a record of the request in writing and maintain it with the records referred to in section 56 .
Part 5 review disclosure meeting
49. (1) A health services provider shall, subject to section 45 , make arrangements—
(a) to meet with the patient or relevant person (or both of them), or
(b) where the patient or a relevant person has (or both of them have) made a request under section 48 , to hold the meeting other than in person,
for the purpose of making an open disclosure of a Part 5 review in respect of which the patient, or patient to whom the relevant person is connected, is the subject of the Part 5 review (in this Act referred to as a “ Part 5 review disclosure meeting”).
(2) When making an open disclosure of a Part 5 review at a Part 5 review disclosure meeting, a health services provider—
(a) shall provide the patient, or the relevant person (or both of them), with the information specified in subsection (3), which, having regard to section 45 , the
health services provider has in its possession, at the time the Part 5 review disclosure meeting is held,
(b) may provide the information specified in subsection (3) —
(i) orally, and
(ii) in the order in which the health services provider considers appropriate, having regard to all the circumstances of the patient or the relevant person
(or both of them) and the findings concerned,
(c) shall, in accordance with section 55, give the patient or the relevant person (or both of them) a copy of the statement referred to in subsection (5), and
(d) shall give the statement referred to in section 42(1) to the patient or relevant person (or both of them) in accordance with section 55 .
(3) The information, referred to in subsection (2) , that is to be provided in accordance with that subsection shall be as follows:
(a) the names of the persons present at the Part 5 review disclosure meeting;
(b) a description of the Part 5 review concerned;
(c) the date on which—
(i) the screening which gave rise to the request for the Part 5 review occurred (if known), and
(ii) the request for the Part 5 review came to the notice of the health services provider;
(d) the manner in which the request for the Part 5 review came to the notice of the health services provider;
(e) where, in the opinion of the health services provider, physical or psychological consequences of the Part 5 review which, at the time the Part 5 review disclosure meeting is held, are present or have developed, information in respect of those consequences;
(f) where the health services provider has reasonable grounds for believing that, in addition to the consequences referred to in paragraph (e )—
(i) physical or psychological consequences which, at the time the Part 5 review disclosure meeting is held, have not presented, or developed, but which, notwithstanding such absence, the health services provider has such grounds for believing they are likely to present or develop at any time after the Part 5 review disclosure meeting, information in respect of those consequences, and
(ii) physical or psychological consequences which, at the time of the Part 5 review disclosure meeting have not presented, or developed, and which the health services provider has such grounds for believing they are less likely or unlikely to present or develop at any time after the holding of the Part 5 review disclosure meeting, information in respect of those consequences;
(g) where the health services provider has reasonable grounds for believing that no physical or psychological consequences are likely to present or develop from the Part 5 review, a statement to that effect;
(h) where, at the time of the Part 5 review disclosure meeting—
(i) any physical or psychological consequences arising from the Part 5 review have presented, or developed, and
(ii) the patient is under the clinical care of the health services provider concerned,
the health services provider shall provide the patient with information in respect of the treatment, and relevant clinical care, that the provider is providing (or proposes to provide) to the patient to address those consequences;
(i) having regard to the consideration, by the health services provider, of the Part 5 review—
(i) the actions the health services provider has taken, or proposes to take, and
(ii) procedures or processes to be implemented,
in order to, in so far as it is reasonably open to that provider to do so, address the knowledge the provider has obtained from its consideration of the Part 5 review and the circumstances giving rise to it.
(4) Where, pursuant to section 46(1)(c) , the health services provider has determined that an apology is to be made to the patient or the relevant person (or both of them), that health services provider may, at the Part 5 review disclosure meeting, make the apology to the patient or the relevant person (or both of them) in respect of the Part 5 review.
(5) The statement referred to in subsection (2)(c) that is to be given to the patient or the relevant person (or both of them) in accordance with that subsection shall—
(a) be in writing,
(b) set out the information, specified in subsection (3) , provided to the patient or the relevant person (or both of them) in accordance with subsection (2) ,
(c) contain an apology referred to in subsection (4) where such apology was made,
(d) state that the open disclosure of the Part 5 review was made pursuant to section 37(1) ,
(e) specify the date on which the open disclosure of the Part 5 review was made,
(f) state that the Part 5 review disclosure meeting was held in compliance with section 37(1) , and
(g) be signed in accordance with subsection (6) .
(6) The statement referred to in subsection (5) , shall be signed by—
(a) the principal health practitioner, or
(b) the health practitioner referred to in section 44(2) ,
who made the open disclosure of the Part 5 review on behalf of the health services provider.
(7) The health services provider shall keep, in the records referred to in section 56 , the statement referred to in subsection (5) .
Refusal, by patient or relevant person, to participate in open disclosure of Part 5 review
50. (1) Nothing in this Act shall require a patient to engage with the health services provider in the open disclosure of a Part 5 review and—
(a) a patient may authorise a relevant person not to attend the Part 5 review disclosure meeting, and
(b) where a relevant person refuses to attend the Part 5 review disclosure meeting, the health services provider shall inform the patient of the refusal and the patient may specify another relevant person to attend that meeting.
(2) Where a health services provider informs a patient or a relevant person that the provider proposes to hold a Part 5 review disclosure meeting in order to make an open disclosure of the Part 5 review and the patient or relevant person does not want to have the open disclosure made to him or her and refuses to attend that Part 5 review disclosure meeting, the patient, or a relevant person, shall inform the provider that he or she—
(a) will not attend the Part 5 review disclosure meeting,
(b) does not want to receive the information which is to be provided at that meeting,
and
(c) does not want to receive, having regard to section 37(2) and section 45 , any additional Part 5 review information that may be provided (or apology that may be made) pursuant to section 52 .
(3) Where a patient or a relevant person informs a health services provider of the matters specified in subsection (2) , the provider shall—
(a) set out a statement in writing of those matters,
(b) include, in the statement referred to in paragraph (a) , a reference to the entitlement under subsection (7) for the patient to make a later request for a Part 5 review disclosure meeting despite the refusal referred to in subsection (2) ,
(c) sign that statement and specify the date on which it was signed,
(d) give the patient or relevant person a copy of that statement which has, in accordance with paragraph (c) , been signed by the provider, as soon as practicable,
(e) maintain the statement which has, in accordance with paragraph (c) , been signed by the provider, in the records referred to in section 56 , and
(f) pursuant to that statement, not proceed to hold the Part 5 review disclosure meeting.
(4) Where section 39(1)(c) applies and a health services provider informs both a patient and a relevant person that the provider proposes to hold a Part 5 review disclosure meeting in order to make an open disclosure of the Part 5 review and both the patient and relevant person do not want to have the open disclosure made to them and refuse to attend that Part 5 review disclosure meeting, the patient and relevant person shall inform that provider that—
(a) they will not attend the Part 5 review disclosure meeting,
(b) they do not want to receive the information which is to be provided at that meeting, and
(c) they do not want to receive, having regard to section 37(2) and section 45 , any additional Part 5 review information that may be provided (or apology that may be made) pursuant to section 52.
(5) Where a patient and a relevant person informs a health services provider of the matters specified in subsection (4), the provider shall—
(a) set out a statement in writing of those matters,
(b) include, in the statement referred to in paragraph (a) , a reference to the entitlement under subsection (7) for the patient to make a later request for a Part 5 review disclosure meeting despite the refusal referred to in subsection (2) ,
(c) sign the statement referred to in paragraph (a) and specify the date on which it was signed,
(d) provide the patient and the relevant person who has informed the provider of those matters with a copy of the statement which has, in accordance with paragraph (c) , been signed by the provider, as soon as practicable,
(e) maintain the statement which has, in accordance with paragraph (c) , been signed by the provider, in the records referred to in section 56 , and
(f) pursuant to that statement, not proceed to hold the Part 5 review disclosure meeting.
(6) Where a patient, or a relevant person, refuses to accept receipt of the statement referred to in subsection (3)(d) , or subsection (5)(d) , the provider shall—
(a) make a note in writing of that refusal,
(b) include, in the note referred to in paragraph (a) , the Part 5 review to be disclosed and the date of the screening which gave rise to the request for the Part 5 review (if known),
(c) sign the note referred to in paragraph (a) and specify the date of signing, and
(d) keep, in the records referred to in section 56 , the note referred to in paragraph (a) , which has been signed in accordance with paragraph (c) .
(7) Where a patient or a relevant person has, or as the case may be both of them have, refused to engage with the health services provider in the making of an open disclosure of a Part 5 review, the patient may, within 5 years from the date of the refusal, request the health services provider to make the open disclosure.
(8) A request referred to in subsection (7) may be made orally and the provider shall keep a note of the request in writing specifying the date of the request and the person who made it.
(9) Where the health services provider receives a request under subsection (7) , it shall hold a Part 5 review disclosure meeting.
(10) The health services provider shall keep, in the records referred to in section 56 , the note referred to in subsection (8) .
Failure to contact patient or relevant person (or both) for purpose of open disclosure of Part 5 review
51. (1) Where for the purposes of section 37(1) , and arranging a Part 5 review disclosure meeting, the health services provider concerned is unable to contact a patient on the basis of the contact information provided to it by the patient, the provider shall take all steps reasonably open to it to establish contact with the patient in order to comply with section 37(1) .
(2) Where for the purposes of section 37(1) , and arranging a Part 5 review disclosure meeting with a relevant person, the health services provider concerned is unable to contact him or her on the basis of the contact information provided to it by the patient or the relevant person, the provider shall take all steps reasonably open to it to establish contact with the relevant person in order to comply with section 37(1).
(3) Where for the purposes of section 37(1) , and arranging a Part 5 review disclosure meeting with a patient and a relevant person, the health services provider concerned is unable to contact either or both of them on the basis of the contact information provided to it by the patient or the relevant person, the provider shall take all steps reasonably open to it to establish contact with either or both of them in order to comply with section 37(1) .
(4) A health services provider shall—
(a) set out, in a statement in writing, the steps taken by it to establish contact with a patient, a relevant person or, as the case may be, both of them,
(b) include, without prejudice to the generality of paragraph (a), the contact information, referred to in subsection (1) , or as the case may be, subsection (2) , provided to the provider,
(c) sign the statement referred to in paragraph (a) and shall specify the date of signing, and
(d) keep, in records referred to in section 56 , the statement referred to in paragraph (a) , which has been signed in accordance with paragraph (c) together with any document (or any copy or record of a document) used by the provider to contact the patient or relevant person (or both of them) and any record of the steps referred to in paragraph (a) .
(5) Where, at any time after the signing of the statement referred to in subsection (4) —
(a) the health services provider makes contact with the patient or relevant person, or as the case may be, both of them, or
(b) the patient or relevant person makes, or as the case may be both of them make, contact with the health services provider, the health services provider shall hold a Part 5 review disclosure meeting in order to make the open disclosure of the Part 5 review after that contact has been made.
(6) In this section, “contact information” means information provided to a health services provider by the patient or a relevant person (or both of them) for the purpose of permitting the provider to contact the patient or relevant person (or both of them) as it may require when the patient is no longer in the care of the provider or has left the premises on which the health service concerned is provided to that patient.
Additional Part 5 review information
52. (1) A health services provider may, at any time after the holding of the Part 5 review disclosure meeting, provide information that is additional to the information which was, in accordance with section 49(2)(a) , provided to the patient or relevant person (or both of them) at the Part 5 review disclosure meeting (“additional Part 5 review”) that, having regard to—
(a) section 37(2) and
(b) subparagraphs (i) and (ii) of section 45(1)(a) , was not available to the health services provider at the time of the Part 5 review disclosure meeting and which, after that meeting has become available and may, having regard to that additional Part 5 review information, make an apology.
(2) An additional Part 5 review information meeting shall, subject to subsection (3) , be held in person with the patient or relevant person (or both of them).
(3) A patient or a relevant person (or both of them) may, when requesting the holding of an additional Part 5 review information meeting, request the provider that the proposed meeting be held other than in person.
(4) A request under subsection (3) may be made orally.
(5) A health services provider shall make arrangements—
(a) to meet with a patient or a relevant person (or both of them), or
(b) where the patient or relevant person has made a request under subsection (3) , to hold the meeting other than in person,
for the purpose of providing that additional Part 5 review information (in this Act referred to as an “additional Part 5 review information meeting”).
(6) Additional Part 5 review information and an apology (if any) shall be provided, or made—
(a) by the principal health practitioner who made the open disclosure of the Part 5 review in accordance with section 44,
(b) where, pursuant to section 44(1)(b) , the open disclosure of the Part 5 review was made by a health practitioner referred to in section 44(2) , by that health practitioner, or
(c) by a health practitioner referred to in subsection (7) .
(7) Where additional Part 5 review information referred to in subsection (1) is to be provided (and an apology, if any, to be made), to a patient or relevant person (or both of them) and the person who, in accordance with section 44 , made the open disclosure of the Part 5 review—
(a) is not available to provide that additional Part 5 review information (or make an apology), or
(b) is otherwise not in a position to provide that information (or make an apology),
that additional Part 5 review information (and apology, if any), shall be provided, or made, by a health practitioner whom the health services provider considers appropriate.
(8) Nothing in this Act shall operate to prevent an apology being made on behalf of a health services provider at the additional Part 5 review meeting whether an apology was made (or was not made) at the Part 5 review disclosure meeting having regard to the additional Part 5 review information which has become available since that meeting.
(9) Where a request is made orally under subsection (4) , the health services provider shall make a note, in writing, of the request and it shall be kept in the records referred to in section 56 .
Additional Part 5 review information to be provided at additional Part 5 review information meeting
53. (1) When providing the additional Part 5 review information referred to in section 52 at an additional Part 5 review information meeting, a health services provider—
(a) shall provide the additional Part 5 review information in accordance with subsection (2) ,
(b) may provide the additional Part 5 review information—
(i) orally, and
(ii) in the order in which the health services provider considers appropriate, having regard to all the circumstances of the patient or the relevant person (or both of them) and the Part 5 review concerned,
and
(c) shall, in accordance with section 55 , give the patient or relevant person (or both of them) a copy of the statement referred to in subsection (3) .
(2) When providing the additional Part 5 review information referred to in subsection (1) —
(a) the health services provider shall provide the names of the persons present at the additional Part 5 review information meeting,
(b) the health services provider shall have regard to the provisions of section 49(3) and shall specify the provisions of that section to which the additional Part 5 review information, provided at the additional Part 5 review information meeting refers,
(c) without prejudice to paragraph (b) , where having regard to the additional Part 5 review information provided, the health services provider has reasonable grounds for believing that further physical or psychological consequences referred to in section 49(3)(f) , are likely to present or develop, the health services provider shall provide further information in respect of—
(i) any physical or psychological consequences which, at the time the additional Part 5 review information meeting is held, have not presented, or developed, but which, notwithstanding such absence, the health services provider reasonably believes are likely to present or develop at any time after that meeting, and
(ii) any physical or psychological consequences which, at the time of the additional Part 5 review information meeting, have not presented, or developed, and which the health services provider reasonably believes are less likely or unlikely to present or develop at any time after the holding of that meeting,
(d) without prejudice to paragraph (b) and having regard to the additional Part 5 review information, where, at the time the additional Part 5 review information meeting is held—
(i) any physical or psychological consequences arising from the Part 5 review have presented, or developed,
(ii) the patient is under the clinical care of the health services provider concerned,
(iii) having regard to the information referred to in section 49(3)(h) which was provided at the Part 5 review disclosure meeting, and
(iv) the health services provider proposes to make changes to the treatment, and relevant clinical care, that the provider is providing to the patient to address those consequences,
the health services provider shall provide information relating to those changes to the treatment and clinical care.
(3) The statement referred to in subsection (1) , that is to be given to the patient or the relevant person (or both of them) by the health services provider in accordance with that subsection, shall—
(a) be in writing,
(b) set out the additional Part 5 review information, specified in subsection (2) , provided to the patient or the relevant person (or both of them) in accordance with that subsection,
(c) contain an apology referred to in section 52 where such apology was made,
(d) specify the date on which the additional Part 5 review information was provided to the patient or the relevant person (or both of them), and
(e) be signed in accordance with subsection (4) .
(4) The statement referred to in subsection (3) shall be signed by—
(a) the principal health practitioner referred to in section 52(6)(a) ,
(b) the health practitioner referred to in section 52(6)(b), or
(c) who provided the additional Part 5 review information to the patient or relevant person (or both of them) in accordance with this section.
(5) The health services provider shall keep, in the records referred to in section 56 , the statement referred to in subsection (3) .
(6) Nothing in this Act shall operate to prevent the additional Part 5 review information being provided (and an apology, if any, being made), at the additional Part 5 review information meeting, to—
(a) both the patient and the relevant person where the open disclosure of the Part 5 review (and an apology, if any) was made to either of them at the Part 5 review disclosure meeting, and
(b) a relevant person where—
(i) the open disclosure of the Part 5 review (and an apology, if any) was made to the patient concerned at the Part 5 review disclosure meeting, and
(ii) the patient died after the Part 5 review disclosure meeting was held.
(7) Section 41 shall apply to—
(a) any information provided (or apology made) to the patient or the relevant person (or both of them) at the additional Part 5 review information meeting, in the same way as section 41 applies to information provided, and an apology where it is made, at a Part 5 review disclosure meeting, and
(b) the statement referred to in subsection (3) in the same way as it applies to the statement referred to in section 49(5) .
Clarification of information provided at Part 5 review disclosure meeting or additional Part 5 review information provided at additional Part 5 review information meeting
54. (1) A patient or relevant person (or both of them) to whom an open disclosure of a Part 5 review was made, may, at any time after the Part 5 review disclosure meeting, or the additional Part 5 review information meeting as the case may be, make a request, to the designated person, for the clarification of—
(a) any information provided to the patient or relevant person (or both of them) at the Part 5 review disclosure meeting, or
(b) any additional Part 5 review information provided to the patient or relevant person (or both of them) at the additional Part 5 review information meeting,
and may request that the clarification be made other than in person.
(2) Where a request is made under subsection (1) —
(a) in the case of a request for clarification of the information provided at the Part 5 disclosure meeting, the designated person shall—
(i) as soon as practicable, inform the person who, pursuant to section 44 , made the open disclosure of the Part 5 review or where the conditions in subsection (4) are satisfied, a health practitioner referred to in that subsection, of the request, and
(ii) liaise with the person, or the health practitioner, referred to in subparagraph (i) in relation to the provision of a response to the request,
(b) in the case of a request for clarification of the additional Part 5 review information provided at the additional Part 5 review information meeting, the designated person shall—
(i) as soon as practicable, inform the person who, pursuant to section 52 , provided the additional Part 5 review information at that meeting or, where the conditions in subsection (4) are satisfied, a health practitioner referred to in that subsection, of the request, and
(ii) liaise with the person, or the health practitioner, referred to in subparagraph (i) in relation to the provision of a response to the request,
(c) in the case of a request for clarification of the information provided at the Part 5 review disclosure meeting, the person who, pursuant to section 44 , made the open disclosure of the Part 5 review at the Part 5 review disclosure meeting, or where the conditions referred to in subsection (4) are satisfied, a health practitioner referred to in that subsection, shall—
(i) provide the clarification to the patient or relevant person (or both of them), in so far as it is reasonably open to him or her to do so having regard to the information available to him or her at the time at which he or she provides the clarification, and
(ii) liaise with the designated person in relation to the provision of the clarification referred to in subparagraph (i) ,
(d) in the case of a request for clarification of additional Part 5 review information provided at an additional Part 5 review information meeting, the person who, pursuant to section 52 provided the additional Part 5 review information at that meeting, or where the conditions in subsection (4) are satisfied, a health practitioner referred to in that subsection, shall—
(i) provide the clarification to the patient or relevant person (or both of them) in so far as it is reasonably open to him or her to do so having regard to the information available to him or her at the time at which he or she provides the clarification, and
(ii) liaise with the designated person in relation to the provision of the clarification referred to in subparagraph (i ),
and
(e) the designated person shall—
(i) set out, in a statement in writing—
(I) the request for clarification made under subsection (1) and whether it was requested that the clarification be made other than in person, and
(II) the date on which the clarification requested under subsection (1) was provided,
and
(ii) keep, in the records referred to in section 56 , the statement referred to in subparagraph (i ).
(3) For the purposes of providing the clarification requested under subsection (1) , the person who, pursuant to section 44, made the open disclosure of the Part 5 review at the Part 5 review disclosure meeting, the person who, pursuant to section 52 , provided the additional Part 5 review information at the additional Part 5 review information meeting, or, where the conditions referred to in subsection (4) are satisfied, a health practitioner referred to in that subsection, as the case may be—
(a) may provide that clarification orally, and
(b) shall, in accordance with section 55 , give a copy of the statement in writing referred to in subsection (5) to—
(i) the designated person, and
(ii) the patient or relevant person (or both of them) who made the request under subsection (1) .
(4) Where a request is made under subsection (1) and the person who—
(a) pursuant to section 44 , made the open disclosure of the Part 5 review at the Part 5 review disclosure meeting, or
(b) pursuant to section 52 , provided the additional Part 5 review information at the additional Part 5 review information meeting, is not available to provide the clarification requested under subsection (1) —
(i) the designated person shall notify the health services provider, and
(ii) the clarification shall be provided by a health practitioner whom the health services provider, having considered the Part 5 review concerned, considers appropriate.
(5) The statement referred to in subsection (3)(b) that is to be given, in accordance with that subsection, to the persons specified in that subsection, shall—
(a) set out the information provided in the clarification,
(b) specify the date on which the clarification was provided to the persons referred to in subsection (3) , and
(c) be signed in accordance with subsection (6) .
(6) The statement referred to in subsection (5) shall be signed by the person who provided the clarification.
(7) The health services provider shall keep, in the records referred to in section 56 , the statement referred to in subsection (5) .
(8) Section 41 shall apply to—
(a) information provided in a clarification made to a patient or relevant person (or both of them) pursuant to a request made under subsection (1) in the same way as that section applies to information provided to a patient or relevant person (or both of them) at a Part 5 review disclosure meeting or an additional Part 5 review information meeting as the case may be, and
(b) the statement in writing referred to in—
(i) subsection (2)(e) , and
(ii) subsection (5) ,
in the same way as that section applies to the statement referred to in section 49(5) .
Statements specifying information given at certain meetings
55. (1) Subsection (2) shall apply for the purposes of—
(a) a Part 5 review disclosure meeting that is held in person and the provision of the statement referred to in section 49(5) to a patient or relevant person (or both of them) in accordance with section 49(2) and the statement referred to in section 49(2)(d) ,
(b) an additional Part 5 review information meeting that is held in person and the provision of the statement referred to in section 53(3) to a patient or relevant person (or both of them) in accordance with section 53(1) , and
(c) a clarification provided under section 54 and the provision of the statement referred to in section 54(3)(b) to a patient or relevant person (or both of them) in accordance with that section.
(2) A health services provider shall—
(a) give the statements referred to in subsection (1)(a) to the patient or relevant person (or both of them)—
(i) at the meeting referred to in subsection (1)(a) , or
(ii) not later than 5 days from the date on which the meeting referred to in subsection (1)(a) was held,
and
(b) give the statement referred to in subsection (1)(b) or (1)(c) , to the patient or relevant person (or both of them)—
(i) at the meeting referred to in subsection (1)(b ), or as the case may be at a clarification referred to in subsection (1)(c) , or
(ii) not later than 5 days from the date on which the meeting referred to in subsection (1)(b) , or as the case may be the clarification referred to in subsection (1)(c) , was held.
(3) Subsection (4) shall apply for the purposes of—
(a) a Part 5 review disclosure meeting that is held other than in person and the provision of the statement referred to in section 49(5) to a patient or relevant person (or both of them) in accordance with section 49(2) and the statement referred to in section 49(2)(d) ,
(b) an additional Part 5 review information meeting that is held other than in person and the provision of the statement referred to in section 53(3) to a patient or relevant person (or both of them) in accordance with section 53(1) , and
(c) a clarification provided under section 54 that is made other than in person and the provision of the statement referred to in section 54(3)(b) to a patient or relevant person (or both of them) in accordance with that section.
(4) A health services provider shall give—
(a) the statements referred to in subsection (3)(a) to the patient or relevant person (or as the case may be both of them) not later than 5 days from the day on which that meeting was held, and
(b) the statement referred to in subsection (3)(b) or (c) to the patient or relevant person (or as the case may be both of them) not later than 5 days from the day on which the meeting referred to in subsection (3)(b) , or as the case may be the clarification referred to in subsection (3)(c) , was held.
Records relating to open disclosure of results of Part 5 review
56. (1) A health services provider shall keep and maintain records in relation to—
(a) a copy of the designation referred to in section 47(2) ,
(b) the statement referred to in section 49(7) ,
(c) the statement referred to in section 50(3)(e) or section 50(5)(e ), as the case may be,
(d) the note referred to in section 50(6)(d) ,
(e) the note referred to in section 50(10) ,
(f) the statement referred to in section 51(4)(d) ,
(g) the statement referred to in section 53(5),
(h) the statement in writing—
(i) of a request referred to in section 54(2)(e) , and
(ii) referred to in section 54(7),
and
(i) a record of a request (if any) referred to in section 48(4) or section 52(9) .
(2) The Minister may prescribe the form of the records to be kept and maintained by a health services provider under this section and any matter relating to the keeping and maintenance of such records.”.

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Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted.

Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2023-02-15/debate/main
Retrieved: 2026-09-14T01:00:53+00:00
Sitting date: 2023-02-15