Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

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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.