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Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: What will I put in writing?

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: Yes.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I wonder if I could get two minutes apiece for my responses. It is very difficult to respond to colleagues in approximately 45 seconds each. I wonder if we could stretch it to two minutes.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: Thank you, Acting Chair. We are in danger of getting on with each other.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I will get back to Deputy Kelly on his first question on cases being statute-barred. I will ask officials to get back to him with a legal opinion. Like himself, my understanding of how the statute would apply is that it would be X number of years from when a patient finds out.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: However, let us make sure. I will ask the officials-----

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: Yes. My understanding is that the time is from when you know, but let us get a legal view on that. In response to Deputy Kelly's second question, there will be several matters on which I will be writing to the HSE. Yes, it is my intent, and I will be including this in writing to the HSE, to say that what we mean in the second sub-clause by "after screening" is what the 221+ group means,...

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: -----time to train the healthcare professionals. I am not in a position to accept the specific amendment on "may" versus "shall" for a technical reason. Guidelines will not be required in every circumstance from the Minister and, regarding the second piece, from the healthcare provider. There may not be any additional information in every case. We would be putting an obligation on the...

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 2: In page 5, line 17, to delete “private hospitals” and substitute the following: “private hospitals, to provide for the review by the chief inspector of certain incidents occurring in the course of the provision of a health service to a person by certain entities”. This group of amendments - group 2 - concerns the nursing home...

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I can respond to Deputy Cullinane's questions on HIQA having these powers by confirming that it does not currently have the powers under this Bill. Under section 9, HIQA has powers to intervene but only in very specific circumstances. I engaged directly with HIQA on one particular patient safety incident, for example, and the point was made to me that, in this case, which was not a good...

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I might get back to the Deputy specifically on that. The initial view is on long-term residential care, but I will get back to him with a note on the question raised.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 3: In page 5, line 24, to delete “Notifiable Patient Safety Incidents” and substitute “Notifiable Incidents and Open Disclosure”.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 4: In page 6, between lines 13 and 14, to insert the following: “ “additional Part 5 review information”, shall be construed in accordance with section 52; “additional Part 5 review information meeting” shall be construed in accordance with section 52;”.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 5: In page 6, to delete line 33 and substitute the following: “ “designated person” means— (a) in the case of a notifiable incident, the person designated under section 16; or (b) in the case of a Part 5review, the person designated under section 46;”.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 6: In page 7, line 17, after “than” to insert “screening carried out by”.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 7: In page 7, between lines 25 and 26, to insert the following: “ “making an open disclosure of a notifiable incident” shall be construed in accordance with section 9: “making an open disclosure of a Part 5review” shall be construed in accordance with section 39;”.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 8: In page 7, to delete lines 30 and 31.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 9: In page 7, after line 36, to insert the following: “ “open disclosure of Part 5review” shall be construed in accordance with section 39and references to the open disclosure of Part 5review, or open disclosure in relation to a Part 5review shall be construed accordingly;”.

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 10: In page 8, to delete lines 1 to 4 and substitute the following: “ “other than in person”— (a) in relation to a notifiable incident disclosure meeting, an additional information disclosure meeting or a clarification given under section 23, and (b) in relation to a Part 5disclosure meeting, an additional information disclosure meeting...

Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Report Stage (Resumed) (15 Feb 2023)

Stephen Donnelly: I move amendment No. 11: In page 8, between lines 7 and 8, to insert the following: “ “Part 5review” means a review conducted in accordance with section 35and includes— (a) a request for a Part 5review, (b) the process undertaken by the health services provider to carry out the review, and (c) the findings of the review; “Part 5review disclosure...

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