Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

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Additional Part 5 review information to be provided at additional Part 5 review information meeting

53. (1) When providing the additional Part 5 review information referred to in section 52 at an additional Part 5 review information meeting, a health services provider—

(a) shall provide the additional Part 5 review information in accordance with subsection (2),

(b) may provide the additional Part 5 review information—

(i) orally, and

(ii) in the order in which the health services provider considers appropriate, having regard to all the circumstances of the patient or the relevant person (or both of them) and the Part 5 review concerned,

and

(c) shall, in accordance with section 55 , give the patient or relevant person (or both of them) a copy of the statement referred to in subsection (3).

(2) When providing the additional Part 5 review information referred to in subsection (1)—

(a) the health services provider shall provide the names of the persons present at the additional Part 5 review information meeting,

(b) the health services provider shall have regard to the provisions of section 49 (3) and shall specify the provisions of that section to which the additional Part 5 review information, provided at the additional Part 5 review information meeting refers,

(c) without prejudice to paragraph (b), where having regard to the additional Part 5 review information provided, the health services provider has reasonable grounds for believing that further physical or psychological consequences referred to in section 49 (3)(f), are likely to present or develop, the health services provider shall provide further information in respect of—

(i) any physical or psychological consequences which, at the time the additional Part 5 review information meeting is held, have not presented, or developed, but which, notwithstanding such absence, the health services provider reasonably believes are likely to present or develop at any time after that meeting, and

(ii) any physical or psychological consequences which, at the time of the additional Part 5 review information meeting, have not presented, or developed, and which the health services provider reasonably believes are less likely or unlikely to present or develop at any time after the holding of that meeting,

(d) without prejudice to paragraph (b) and having regard to the additional Part 5 review information, where, at the time the additional Part 5 review information meeting is held—

(i) any physical or psychological consequences arising from the Part 5 review have presented, or developed,

(ii) the patient is under the clinical care of the health services provider concerned,

(iii) having regard to the information referred to in section 49 (3)(h) which was provided at the Part 5 review disclosure meeting, and

(iv) the health services provider proposes to make changes to the treatment, and relevant clinical care, that the provider is providing to the patient to address those consequences,

the health services provider shall provide information relating to those changes to the treatment and clinical care.

(3) The statement referred to in subsection (1), that is to be given to the patient or the relevant person (or both of them) by the health services provider in accordance with that subsection, shall—

(a) be in writing,

(b) set out the additional Part 5 review information, specified in subsection (2), provided to the patient or the relevant person (or both of them) in accordance with that subsection,

(c) contain an apology referred to in section 52 where such apology was made,

(d) specify the date on which the additional Part 5 review information was provided to the patient or the relevant person (or both of them), and

(e) be signed in accordance with subsection (4).

(4) The statement referred to in subsection (3) shall be signed by—

(a) the principal health practitioner referred to in section 52 (6)(a),

(b) the health practitioner referred to in section 52 (6)(b), or

(c) who provided the additional Part 5 review information to the patient or relevant person (or both of them) in accordance with this section.

(5) The health services provider shall keep, in the records referred to in section 56 , the statement referred to in subsection (3).

(6) Nothing in this Act shall operate to prevent the additional Part 5 review information being provided (and an apology, if any, being made), at the additional Part 5 review information meeting, to—

(a) both the patient and the relevant person where the open disclosure of the Part 5 review (and an apology, if any) was made to either of them at the Part 5 review disclosure meeting, and

(b) a relevant person where—

(i) the open disclosure of the Part 5 review (and an apology, if any) was made to the patient concerned at the Part 5 review disclosure meeting, and

(ii) the patient died after the Part 5 review disclosure meeting was held.

(7) Section 41 shall apply to—

(a) any information provided (or apology made) to the patient or the relevant person (or both of them) at the additional Part 5 review information meeting, in the same way as section 41 applies to information provided, and an apology where it is made, at a Part 5 review disclosure meeting, and

(b) the statement referred to in subsection (3) in the same way as it applies to the statement referred to in section 49 (5).