Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
Designated person | ||
47. (1) For the purpose of making a designation under section 46 (1)(e), where the health services provider making the designation is a health services provider referred to in— | ||
(a) paragraph (a) of the definition of “health services provider”, that health services provider may designate— | ||
(i) an employee of that provider, including an employee who is a health practitioner, | ||
(ii) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (a)(ii) of that definition, | ||
(iii) a person with whom that provider has entered into a contract referred to in paragraph (a)(v)(II) of that definition, | ||
(iv) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (a)(iii) of that definition, or | ||
(v) an agency worker, | ||
as the designated person for the purposes of section 46 (1)(e), or | ||
(b) paragraph (b) of the definition of “health services provider”, that provider may designate— | ||
(i) himself or herself, | ||
(ii) the health practitioner providing the clinical care and treatment to the patient concerned, | ||
(iii) an employee of that provider, including an employee who is a health practitioner, | ||
(iv) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (b)(ii) of that definition, | ||
(v) a person with whom that provider has entered into a contract referred to in paragraph (b)(iv)(II) of that definition, | ||
(vi) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (b)(iii) of that definition, or | ||
(vii) an agency worker, | ||
as the designated person for the purposes of section 46 (1)(e), | ||
(c) paragraph (c) of the definition of “health services provider”, that provider may designate— | ||
(i) the partner who is the health practitioner providing the health service to the patient concerned, | ||
(ii) any other partner who is a health practitioner in the partnership concerned, | ||
(iii) an employee of that provider, including an employee who is a health practitioner, | ||
(iv) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (c)(ii) of that definition, | ||
(v) a person with whom that provider has entered into a contract referred to in paragraph (c)(iv)(II) of that definition, | ||
(vi) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (c)(iii) of that definition, or | ||
(vii) an agency worker, | ||
as the designated person for the purposes of section 46 (1)(e), or | ||
(d) paragraph (d) of the definition of “health services provider”, that health services provider may designate— | ||
(i) himself or herself, | ||
(ii) where applicable, the partner who is the health practitioner providing the health service to the patient concerned, | ||
(iii) where applicable, the health practitioner providing the clinical care and treatment to the patient concerned, | ||
(iv) where applicable, any other partner who is a health practitioner in the partnership concerned, | ||
(v) where applicable, an employee of that provider, including an employee who is a health practitioner, | ||
(vi) where applicable, a health practitioner who provides a health service for that provider pursuant to a contract referred to, where applicable, in paragraph (b)(ii) or (c)(ii) of that definition, | ||
(vii) where applicable, a person with whom that provider has entered into a contract referred to, where applicable, in paragraph (b)(iv)(II) or (c)(iv)(II) of that definition, | ||
(viii) where applicable, an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to, where applicable, in paragraph (b)(iii) or (c)(iii) of that definition, or | ||
(ix) where applicable, an agency worker, as the designated person for the purposes of section 46 (1)(e). | ||
(2) A designation under this section shall be in writing and shall be kept in the records, referred to in section 56 , relating to the open disclosure of a Part 5 review made under this Act. |