Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

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Refusal, by patient or relevant person, to participate in open disclosure of Part 5 review

50. (1) Nothing in this Act shall require a patient to engage with the health services provider in the open disclosure of a Part 5 review and—

(a) a patient may authorise a relevant person not to attend the Part 5 review disclosure meeting, and

(b) where a relevant person refuses to attend the Part 5 review disclosure meeting, the health services provider shall inform the patient of the refusal and the patient may specify another relevant person to attend that meeting.

(2) Where a health services provider informs a patient or a relevant person that the provider proposes to hold a Part 5 review disclosure meeting in order to make an open disclosure of the Part 5 review and the patient or relevant person does not want to have the open disclosure made to him or her and refuses to attend that Part 5 review disclosure meeting, the patient, or a relevant person, shall inform the provider that he or she—

(a) will not attend the Part 5 review disclosure meeting,

(b) does not want to receive the information which is to be provided at that meeting, and

(c) does not want to receive, having regard to section 37 (2) and section 45 , any additional Part 5 review information that may be provided (or apology that may be made) pursuant to section 52 .

(3) Where a patient or a relevant person informs a health services provider of the matters specified in subsection (2), the provider shall—

(a) set out a statement in writing of those matters,

(b) include, in the statement referred to in paragraph (a), a reference to the entitlement under subsection (7) for the patient to make a later request for a Part 5 review disclosure meeting despite the refusal referred to in subsection (2),

(c) sign that statement and specify the date on which it was signed,

(d) give the patient or relevant person a copy of that statement which has, in accordance with paragraph (c), been signed by the provider, as soon as practicable,

(e) maintain the statement which has, in accordance with paragraph (c), been signed by the provider, in the records referred to in section 56 , and

(f) pursuant to that statement, not proceed to hold the Part 5 review disclosure meeting.

(4) Where section 39 (1)(c) applies and a health services provider informs both a patient and a relevant person that the provider proposes to hold a Part 5 review disclosure meeting in order to make an open disclosure of the Part 5 review and both the patient and relevant person do not want to have the open disclosure made to them and refuse to attend that Part 5 review disclosure meeting, the patient and relevant person shall inform that provider that—

(a) they will not attend the Part 5 review disclosure meeting,

(b) they do not want to receive the information which is to be provided at that meeting, and

(c) they do not want to receive, having regard to section 37 (2) and section 45 , any additional Part 5 review information that may be provided (or apology that may be made) pursuant to section 52 .

(5) Where a patient and a relevant person informs a health services provider of the matters specified in subsection (4), the provider shall—

(a) set out a statement in writing of those matters,

(b) include, in the statement referred to in paragraph (a), a reference to the entitlement under subsection (7) for the patient to make a later request for a Part 5 review disclosure meeting despite the refusal referred to in subsection (2),

(c) sign the statement referred to in paragraph (a) and specify the date on which it was signed,

(d) provide the patient and the relevant person who has informed the provider of those matters with a copy of the statement which has, in accordance with paragraph (c), been signed by the provider, as soon as practicable,

(e) maintain the statement which has, in accordance with paragraph (c), been signed by the provider, in the records referred to in section 56 , and

(f) pursuant to that statement, not proceed to hold the Part 5 review disclosure meeting.

(6) Where a patient, or a relevant person, refuses to accept receipt of the statement referred to in subsection (3)(d), or subsection (5)(d), the provider shall—

(a) make a note in writing of that refusal,

(b) include, in the note referred to in paragraph (a), the Part 5 review to be disclosed and the date of the screening which gave rise to the request for the Part 5 review (if known),

(c) sign the note referred to in paragraph (a) and specify the date of signing, and

(d) keep, in the records referred to in section 56 , the note referred to in paragraph (a), which has been signed in accordance with paragraph (c).

(7) Where a patient or a relevant person has, or as the case may be both of them have, refused to engage with the health services provider in the making of an open disclosure of a Part 5 review, the patient may, within 5 years from the date of the refusal, request the health services provider to make the open disclosure.

(8) A request referred to in subsection (7) may be made orally and the provider shall keep a note of the request in writing specifying the date of the request and the person who made it.

(9) Where the health services provider receives a request under subsection (7), it shall hold a Part 5 review disclosure meeting.

(10) The health services provider shall keep, in the records referred to in section 56 , the note referred to in subsection (8).