Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

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Notification to Authority by health services providers of notifiable incident

27. (1) Where a health services provider, other than a health services provider referred to in section 28 or section 29 is satisfied that a notifiable incident, specified in subsection (2) has occurred in the course of the provision by the health services provider of a health service to a patient, it shall notify the Authority of that notifiable incident—

(a) as soon as practicable, and

(b) in any event, not later than 7 days from the day on which the provider was satisfied the incident had occurred.

(2) For the purposes of subsection (1), all of the following shall be notified in accordance with that subsection:

(a) each notifiable incident specified in Part 1 of Schedule 1 ;

(b) each notifiable incident specified in Part 2 of Schedule 1 ;

(c) in the case of a notifiable incident specified in regulations made under section 8 , each such incident specified in any regulations made under that section.

(3) A notification under this section shall specify the following information:

(a) the name of the health services provider;

(b) identification of the type of notifiable incident, specified in Part 1 or 2 of Schedule 1 or, as the case may be, specified in regulations made under section 8 , into which the notifiable incident concerned falls;

(c) the date the notifiable incident occurred if, having regard to section 5 (2), the date is known at the time the notification under this section is made;

(d) the date the notifiable incident came to the notice of the health services provider;

(e) having regard to the notifiable incident and the causes of the notifiable incident insofar as they are known at the time of the notification is made under this section—

(i) the action the health services provider has taken in response to that incident, or proposes to take, to prevent reoccurrence, or mitigate the consequences of any similar such incident should there be a reoccurrence, and

(ii) a statement of any action taken, or proposed to be taken, for the purpose of sharing what has been learnt, and knowledge obtained, from the occurrence of the notifiable incident.

(4) The Authority shall acknowledge receipt, in writing, of a notification made to it under this section not later than 21 days from receipt of the notification.

(5) An acknowledgement made under subsection (4) may be made electronically.