Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

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PART 7

Amendment of Act of 2007

Amendment of section 2 of Act of 2007

62. Section 2 of the Act of 2007 is amended, in subsection (1)—

(a) by the insertion of the following definitions:

“‘Act of 2004’ means the Health Act 2004 ;

‘cancer screening service’ has the same meaning as it has in section 2 of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023;

‘complainant’ shall be construed in accordance with section 41A(5);

‘health service’ means the provision of clinical care or any ancillary service to a person for—

(a) the screening (other than screening carried out by a cancer screening service), preservation or improvement of the health of the person,

(b) the prevention, diagnosis, treatment or care of an illness, injury or health condition of the person,

(c) the performance or surgery, or a surgical intervention, in respect of aesthetic purposes, or other non-medical purposes, that involves instruments or equipment being inserted into the body of the person, or

(d) without prejudice to paragraph (a), a cancer screening service;

‘medical speciality’ means a medical speciality recognised by the Medical Council under section 89 of the Medical Practitioners Act 2007 ;

‘patient’ has the meaning assigned to it by section 41A(10);

‘prescribed private health service’ means a health service that is prescribed under section 101A;

‘private hospital’ means a hospital under the management or control of a person (other than the Executive)—

(a) at which—

(i) medical or surgical treatment for illness, injury, disability, palliative, obstetric or gynaecological care, or

(ii) a health service,

is provided to a person which provision of treatment is under the direction of registered medical practitioners from at least 3 different medical specialities who are registered in the Specialist Division of the register of medical practitioners, and

(b) which is capable of accommodating one or more persons in that hospital when providing the treatment under paragraph (a), for a minimum period of 24 hours, but does not include—

(i) a designated centre,

(ii) a centre registered by the Mental Health Commission,

(iii) a service provider to which paragraph (a) of the definition of service provider applies, or

(iv) a hospital which is in receipt of assistance under section 39 of the Act of 2004;

‘register of medical practitioners’ has the same meaning as it has in the Medical Practitioners Act 2007 ;

‘registered medical practitioner’ has the same meaning as it has in the Medical Practitioners Act 2007 ;

‘Specialist Division’ has the same meaning as it has in the Medical Practitioners Act 2007 .”,

and

(b) by the substitution of the following definition for the definition of “service provider”:

“‘service provider’ means—

(a) a person who enters into an arrangement under section 38 of the Act of 2004 to provide a health or personal social service on behalf of the Executive,

(b) a person who is in receipt of assistance under section 39 of the Act of 2004 in an amount that exceeds an amount prescribed for the purpose of this subparagraph,

(c) a service provider under the Child and Family Agency Act 2013 , or

(d) a private hospital;”.