Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
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Time of making of open disclosure | ||
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14. (1) For the purposes of making an open disclosure of a notifiable incident pursuant to section 5 , the health services provider shall make the open disclosure of that notifiable incident 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 5 (2), some, or all, of the likely consequences of the notifiable incident are not present or have not developed, | ||
(ii) as referred to in section 5 (2), the health services provider does not have all of the information relating to the notifiable incident available to it when the open disclosure of the incident is made, or | ||
(iii) without prejudice to subparagraph (ii), the health services provider does not have all, or any, of the information in respect of the cause of the incident available to it when the open disclosure of the incident is made, | ||
(b) all the circumstances of the patient and the nature, and consequences, of the notifiable incident concerned, and | ||
(c) the requirements of section 15 . | ||
(2) Having considered the appropriate time for making the open disclosure of the notifiable incident, 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 notifiable incident 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 10 from having effect in respect of that open disclosure of that incident. |