Oireachtas Joint and Select Committees
Thursday, 10 March 2022
Select Committee on Health
Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage
Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source
I move amendment No. 54:
In page 64, after line 25, to insert the following:
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| 17. | 17(3)(a) | In section 17(3), in paragraph (a), to delete “, in the prescribed form,”. |
|---|---|---|
| 18. | 18. Section 17(3) new paragraph inserted | In section 17(3), to insert the following paragraph after paragraph (a): “(aa) 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 an open disclosure meeting despite the refusal referred to in subsection (2),”. |
| 19. | Section 17(5)(a) | In section 17(5), in paragraph (a), to delete “, in the prescribed form,”. |
| 20. | Section 17(5) new paragraph inserted | To insert the following new paragraph after paragraph (a): “(aa) 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 an open disclosure meeting despite the refusal referred to in subsection (4),”. |
| 21. | Section 17(6)(i) | In section 17(6), in paragraph (i), to delete “, in the prescribed form,”. |
| 22. | Section 17(6) | In section 17(6), after paragraph (i), to insert the following new paragraph: “(ia) include, in the note referred to in paragraph (i), the incident to be disclosed and the date of the incident (if known),”. |
| 23. | Section 17(6)(iii) | In section 17(6), in paragraph (iii), to substitute “paragraph” for “subparagraph” in each place where it occurs. |
| 24. | Section 17 new subsections inserted | In section 17, to insert the following new subsections after subsection (6): “(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 patient safety incident, 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 an open disclosure meeting. (10) The health services provider shall keep, in the records referred to in section 21, the note referred to in subsection (8).”. |
| 25. | Section 18 new subsections inserted | In section 18, to insert the following subsections after subsection (1): “(1A) An additional information meeting shall, subject to subsection (1B), be held in person with the patient or relevant person (or both of them). (1B) A patient or a relevant person (or both of them) may, when requesting the holding of an additional information meeting, request the provider that the proposed meeting be held other than in person. (1C) A request under subsection (1B) shall be made orally. (1D) Where a request is made orally under subsection (1C), the health services provider shall make a note, in writing, of the request and it shall be kept in the records referred to in section 21.”. |
| 26. | Section 18(3)(b) | In section 18(3), to substitute the following paragraph for paragraph (b): “(b) where the patient or relevant person has made a request under subsection (1B), to hold the meeting other than in person,”. |
| 27. | Section 18(4) | In section 18(4), to substitute the following paragraph for paragraph (c): “(c) shall, in accordance with section 20A, give the patient or the relevant person (or both of them) a copy of the statement referred to in subsection (6).”. |
| 28. | Section 18(6)(a) | In section 18(6), to substitute the following paragraph for paragraph (a): “(a) be in writing,”. |
| 29. | Section 19(1) | Section 19(1) is amended by the substitution of the following for paragraph (b): “(b) any additional information provided to the patient or relevant person (or both of them) at the additional information meeting, and may request that the clarification be made other than in person.”. |
| 30. | Section 19(2)(e)(i) | In section 19(2), in paragraph (e)(i), to delete “, in the prescribed form”. |
| 31. | Section 19(2)(e)(i)(I) | In section 19(2), in paragraph (e)(i), in clause (I), after “subsection (1)” to insert “and whether it was requested that the clarification be made other than in person”. |
| 32. | Section 19(3)(b) | In section 19(3), in paragraph (b), to substitute “shall, in accordance with section 20A, give” for “shall give”. |
| 33. | Section 19(5)(a) | Section 19(5) is amended by the deletion of paragraph (a). |
| 34. | Section 20(4)(a) | In section 20(4), in paragraph (a), to delete “in the prescribed form,”. |
| 35. | Section 20 new subsection inserted | To insert the following subsection after subsection (4): “(4A) Where, at any time after the signing of the statement referred to in subsection (4)— (a) the health services provider makes contact with the patient or the relevant person, or, as the case may be, both of them, or (b) the patient or relevant person makes, or, as the case may be, both of them make, contact with the health services provider, the health services provider shall hold an open disclosure meeting in order to make the open disclosure of the patient safety incident after that contact has been made.”. |
| 36. | Section 20A (inserted by section 53of the Patient Safety (Notifiable Patient Safety Incidents) Act 2022) | By the insertion of the following section after section 20: “Statements specifying information given at certain meetings 20A. (1) Subsection (2) shall apply for the purposes of— (a) an open disclosure meeting that is held in person and the provision of the statement referred to in section 16(5) to a patient or relevant person (or both of them) in accordance with section 16(2) (c) and the statement referred to in section 16(2)(d), (b) an additional information meeting that is held in person and the provision of the statement referred to in section 18(6) to a patient or relevant person (or both of them) in accordance with section 18(4), and (c) a clarification provided under section 19 and the provision of the statement referred to in section 19(3)(b) to a patient or relevant person (or both of them) in accordance with that section. (2) A health services provider shall— (a) give the statements referred to in subsection (1)(a) to the patient or relevant person (or both of them)— (i) at the meeting referred to in subsection (1)(a), or (ii) not later than 5 days from the date on which the meeting referred to in subsection (1)(a) was held, and (b) give the statement referred to in subsection (1)(b), or (1)(c), to the patient or relevant person (or both of them)— (i) at the meeting referred to in subsection (1)(b), or, as the case may be, at a clarification referred to in subsection (1)(c), or (ii) not later than 5 days from the date on which the meeting referred to in subsection (1)(b), or, as the case may be, the clarification referred to in subsection (1)(c), was held. (3) Subsection (4) shall apply for the purposes of— (a) an open disclosure meeting that is held other than in person and the provision of the statement referred to in section 16(5) to a patient or relevant person (or both of them) in accordance with section 16(2) (c) and the statement referred to in section 16(2)(d), (b) an additional information meeting that is held other than in person and the provision of the statement referred to in section 18(6) to a patient or relevant person (or both of them) in accordance with section 18(4), and (c) a clarification provided under section 19 that is made other than in person and the provision of the statement referred to in section 19(3)(b) to a patient or relevant person (or both of them) in accordance with that section. (4) A health services provider shall give— (a) the statements referred to in subsection (3)(a) to the patient or relevant person (or both of them) not later than 5 days from the day on which that meeting was held,and (b) the statement referred to in subsection (3)(b) or (3)(c) to the patient or relevant person (or both of them) not later than 5 days from the day on which the meeting referred to in subsection (3)(b), or, as the case may be, the clarification referred to in subsection (3)(c), was held.”. |
| 37. | Section 21(1)(b) | To delete “in writing”. |
| 38. | Section 21(1) new paragraph inserted | In section 21(1), to insert the following paragraph after paragraph (d): “(da) the request referred to in section 17(10),”. |
| 39. | Section 21(1)(f)(ii) | To delete “and”. |
| 40. | Section 21(1)(g) | To delete “section 20(4)(c).” and substitute “section 20(4)(c), and”. |
| 41. | Section 21(1) new paragraph inserted | To insert the following new paragraph after paragraph (g): “(h) a record, or note, as the case may be, of a request (if any) referred to in section 15A(4) or 18(1D).”. |
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