Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I move amendment No. 10:

In page 12, after line 22, to insert the following:

“PART 6

AMENDMENT OF PATIENT SAFETY (NOTIFIABLE INCIDENTS AND OPEN DISCLOSURE) ACT 2023

Amendment of Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

12. The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 is amended—

(a) in section 19(7), by the substitution of “the patient or the relevant person (or both of them) may” for “the patient may”, and

(b) in section 50(7), by the substitution of “the patient or the relevant person (or both of them) may” for “the patient may”.”.

The Department is now moving towards commencement of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023. As part of this process, the Department became aware of two minor technical issues which it believes need to be amended in the legislation prior to commencement. These two amendments are purely technical and serve to restore wording to the Act that was omitted in the final drafting process. This wording is already used on a number of occasions elsewhere in the Act and is fully in line with the intent of the legislation. The Act, as drafted, currently appears to state that, following a refusal by the patient or relevant person, it is only the patient who is permitted to request the health services provider to make the open disclosure within a period of five years. It is the intent of the Act that the relevant person is also permitted to initiate the open disclosure within five years but this was not reflected in the final legal text. The same applies in respect of Part 5 reviews. It is important that this amendment is made to ensure the Act fully serves its function of ensuring patients and their families have access to comprehensive and timely information.

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