Health Information Act 2026
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Non-compliance with a request under section 19(2) | ||
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20. (1) Where a health services provider fails to comply, in whole or in part, with a request under section 19 (2) the Executive may issue a notice to the health services provider concerned requesting him or her to comply with the request within such period (being not less than one month from the date of the notice) as is specified in the notice. | ||
(2) Where, having received a notice under subsection (1), the health services provider fails to comply, in whole or in part, with the request under section 19 within the period specified in the notice the Executive may make an application to the Circuit Court. | ||
(3) Where, on application to the Circuit Court by the Executive, the Court is satisfied that— | ||
(a) the request was properly made by the Executive in accordance with section 19 , and | ||
(b) the health services provider to which a request was made under section 19 has failed to comply, in whole or in part, with the request, | ||
the court may by order direct the health services provider concerned to comply with the request. | ||
(4) An application under subsection (2) shall be by way of motion, and the Circuit Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate. | ||
(5) The jurisdiction conferred on the Circuit Court by this section may be exercised by a judge of that Court assigned to the circuit in which the health services provider concerned carries on his or her practice. |