Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
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Additional Part 5 review information | ||
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52. (1) A health services provider may, at any time after the holding of the Part 5 review disclosure meeting, provide information that is additional to the information which was, in accordance with section 49 (2)(a), provided to the patient or relevant person (or both of them) at the Part 5 review disclosure meeting (“additional Part 5 review”) that, having regard to— | ||
(a) section 37 (2), and | ||
(b) subparagraphs (i) and (ii) of section 45 (1)(a), was not available to the health services provider at the time of the Part 5 review disclosure meeting and which, after that meeting has become available and may, having regard to that additional Part 5 review information, make an apology. | ||
(2) An additional Part 5 review information meeting shall, subject to subsection (3), be held in person with the patient or relevant person (or both of them). | ||
(3) A patient or a relevant person (or both of them) may, when requesting the holding of an additional Part 5 review information meeting, request the provider that the proposed meeting be held other than in person. | ||
(4) A request under subsection (3) may be made orally. | ||
(5) A health services provider shall make arrangements— | ||
(a) to meet with a patient or a relevant person (or both of them), or | ||
(b) where the patient or relevant person has made a request under subsection (3), to hold the meeting other than in person, | ||
for the purpose of providing that additional Part 5 review information (in this Act referred to as an “additional Part 5 review information meeting”). | ||
(6) Additional Part 5 review information and an apology (if any) shall be provided, or made— | ||
(a) by the principal health practitioner who made the open disclosure of the Part 5 review in accordance with section 44 , | ||
(b) where, pursuant to section 44 (1)(b), the open disclosure of the Part 5 review was made by a health practitioner referred to in section 44 (2), by that health practitioner, or | ||
(c) by a health practitioner referred to in subsection (7). | ||
(7) Where additional Part 5 review information referred to in subsection (1) is to be provided (and an apology, if any, to be made), to a patient or relevant person (or both of them) and the person who, in accordance with section 44 , made the open disclosure of the Part 5 review— | ||
(a) is not available to provide that additional Part 5 review information (or make an apology), or | ||
(b) is otherwise not in a position to provide that information (or make an apology), | ||
that additional Part 5 review information (and apology, if any), shall be provided, or made, by a health practitioner whom the health services provider considers appropriate. | ||
(8) Nothing in this Act shall operate to prevent an apology being made on behalf of a health services provider at the additional Part 5 review meeting whether an apology was made (or was not made) at the Part 5 review disclosure meeting having regard to the additional Part 5 review information which has become available since that meeting. | ||
(9) Where a request is made orally under subsection (4), the health services provider shall make a note, in writing, of the request and it shall be kept in the records referred to in section 56 . |