Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
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Making of open disclosure of Part 5 review by health services provider | ||
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44. (1) For the purposes of section 37 , the open disclosure of a Part 5 review shall be made on behalf of a health services provider by— | ||
(a) the principal health practitioner, in relation to the patient to whom, or in respect of whom, the open disclosure of the Part 5 review is to be made, or | ||
(b) where the conditions specified in subsection (2) are satisfied, a health practitioner referred to in that subsection. | ||
(2) Where, for the purposes of subsection (1)— | ||
(a) the principal health practitioner referred to in paragraph (a) of that subsection is not available or otherwise not in a position to make the open disclosure of the Part 5 review, or | ||
(b) having had regard to the circumstances of the Part 5 review the health services provider, or the principal health practitioner referred to in paragraph (a) of that subsection, is satisfied that the open disclosure of the Part 5 review should be made by another health practitioner, | ||
the open disclosure of that review shall be made by a health practitioner whom the health services provider, having considered the review concerned, considers appropriate. |