Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
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Chapter 2 Open disclosure: openness and transparency | ||
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Disclosure of information by health services provider and health practitioner | ||
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12. (1) When making an open disclosure of a notifiable incident 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 that incident. | ||
(2) When making an open disclosure of a notifiable incident 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 that incident. | ||
(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. |