Civil Liability (Amendment) Act 2017
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Refusal, by patient or relevant person, to participate in open disclosure of patient safety incident | ||
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17. (1) Nothing in this Part shall require a patient or a relevant person, or where section 12 (c) applies, both of them, to engage with the health services provider in the open disclosure of a patient safety incident. | ||
(2) Where a health services provider informs a patient or a relevant person that the provider proposes to hold an open disclosure meeting and the patient or relevant person does not want to attend that open disclosure meeting, the patient or relevant person shall inform that provider that he or she— | ||
(a) will not attend the open disclosure meeting, | ||
(b) does not wish to receive the information which is to be provided at that meeting, and | ||
(c) does not wish to receive, having regard to section 14 (1)(a) and section 14 (4), any additional information that may be provided (or apology that may be made) pursuant to section 18 . | ||
(3) Where a patient or a relevant person, or as the case may be both of them, informs a health services provider of the matters specified in subsection (2), the provider shall— | ||
(a) set out a statement in writing, in the prescribed form, of those matters, | ||
(b) sign that statement and specify the date on which it was signed, | ||
(c) provide the patient, relevant person or, as the case may be, both of them with a copy of that statement which has, in accordance with paragraph (b), been signed by the provider, as soon as practicable, | ||
(d) maintain the statement which has, in accordance with paragraph (b), been signed by the provider, in the records referred to in section 21 , and | ||
(e) pursuant to that statement, not proceed to hold the open disclosure meeting. | ||
(4) Where, in accordance with section 12 (c), a health services provider informs both a patient and a relevant person that the provider proposes to hold an open disclosure meeting and both the patient and relevant person do not want to attend that open disclosure meeting, the patient and relevant person shall inform that provider that— | ||
(a) they will not attend the open disclosure meeting, | ||
(b) they do not wish to receive the information which is to be provided at that meeting, and | ||
(c) they do not wish to receive, having regard to section 14 (1)(a) and section 14 (4), any additional information that may be provided (or apology that may be made) pursuant to section 18 . | ||
(5) Where, in accordance with subsection (4), a patient and a relevant person informs a health services provider of the matters specified in that subsection, the provider shall— | ||
(a) set out a statement in writing, in the prescribed form, of those matters, | ||
(b) sign that statement and specify the date on which it was signed, | ||
(c) provide the patient and the relevant person who has informed the provider of those matters with a copy of that statement which has, in accordance with paragraph (b), been signed by the provider, as soon as practicable, | ||
(d) maintain the signed statement which has, in accordance with paragraph (b), been signed by the provider, in the records referred to in section 21 , and | ||
(e) pursuant to that statement, not proceed to hold the open disclosure meeting. | ||
(6) Where a patient, or a relevant person, refuses to accept the statement referred to in— | ||
(a)paragraph (c) of subsection (3), or | ||
(b)paragraph (c) of subsection (5), | ||
the provider shall— | ||
(i) make a note in writing, in the prescribed form, of that refusal, | ||
(ii) sign the note referred to in paragraph (i) and specify the date of signing, and | ||
(iii) keep, in the records referred to in section 21 , the note referred to in subparagraph (i), which has been signed in accordance with subparagraph (ii). |