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

Stephen Donnelly: I move amendment No. 12: In page 8, to delete lines 17 to 20 and substitute the following: “ “relevant person” means in relation to the making of an open disclosure of— (a) a notifiable incident, a person specified in paragraphs (a)to (f)of section 7(2), or a person nominated pursuant to section 7(3), or (b) a Part 5review, a person specified in paragraphs...

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

Stephen Donnelly: I move amendment No. 14: In page 8, to delete lines 23 to 29 and substitute the following: “(2) References in this Act to— (a) “information provided”, or “an apology made” at a notifiable incident disclosure meeting or a Part 5review disclosure meeting, (b) “additional notifiable information provided”, or “apology...

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

Stephen Donnelly: On Committee Stage, I committed to table an amendment on Report Stage to include provision for a review, so I think this amendment is superseded by my amendment committing to a review after the two years. The amending provision I am putting in today introduces the fact the Minister shall initiate a review of the operation of the Act no later than two years from the date of commencement....

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

Stephen Donnelly: We discussed this amendment on Committee Stage as well and I acknowledge the intent of it. This amendment has a constructive intent. However, I cannot accept the amendment because the Independent Patient Advocacy Service is not a statutory one. Therefore, we cannot refer to a non-statutory service in statute. However, there are various things we can do and are continuing to do. We need...

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

Stephen Donnelly: I move amendment No. 7 to amendment No. 19: To delete section 36 and substitute the following: “Obligation to inform patient of right to make request for Part 5 review 36.(1) A health services provider shall, in relation to a patient in respect of whom a cancer screening is to be or is being carried out, inform the patient in writing, either before or at the time that it carries...

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

Stephen Donnelly: I thank the Leas-Cheann Comhairle for allowing a waiver for us to include that amendment at very short notice this evening. It is greatly appreciated.

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

Stephen Donnelly: This is something we need to do but we have got to do it right. It is being looked at. Dr. Scally quite rightly pointed it out. We have discussed it before. However, we have to do it right. Extensive work is going on around new complaints policies including legislative change. There needs to be funding allocation, training and clinical governance pathways put in place. There is an...

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

Stephen Donnelly: I accept the good intent in the amendment. I would reiterate that this is not a Bill about complaints; rather, it is a Bill about open disclosure and regulation. I want to be very clear. The open disclosure in the Bill covers clinical instances. The issue in the 2004 Act is not about open disclosure; rather it is about who people complain to. The 2004 Act states that if a patient wants...

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

Stephen Donnelly: We would actually be exposing patients to not being able to use the processes that are in place. We all agree that the complaint should still go to a professional body but should also be something that is dealt with by the HSE. It is not within the remit of the Bill to address that. It is something that has to be looked at in a way that works for patients. Simply deleting a specific...

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

Stephen Donnelly: I move amendment No. 21: In page 49, between lines 9 and 10, to insert the following: “‘cancer screening service’ has the same meaning as it has in section 2of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2022;”.

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

Stephen Donnelly: I move amendment No. 22: In page 49, between lines 9 and 10, to insert the following: “ ‘complainant’ shall be construed in accordance with section 41A(5);”.

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

Stephen Donnelly: I move amendment No. 23: In page 49, to delete lines 10 and 11 and substitute the following: “ ‘health service’ means the provision of clinical care or any ancillary service to a person for⁠— (a) the screening (other than screening carried out by a cancer screening service), preservation or improvement of the health of the person, (b) the prevention,...

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

Stephen Donnelly: I move amendment No. 24: In page 49, between lines 14 and 15, to insert the following: “ ‘patient’ has the meaning assigned to it by section 41A(10);”.

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

Stephen Donnelly: I move amendment No. 25: In page 55, between lines 13 and 14, to insert the following: “Amendment of section 41 of Act of 2007 45.Section 41 of the Act of 2007 is amended, in subsection (1), by the insertion of the following paragraph after paragraph (c): “(ca) undertake reviews in accordance with section 41A,”.”.

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

Stephen Donnelly: I move amendment No. 26: In page 55, between lines 13 and 14, to insert the following: “Review of specified incident by chief inspector 45.The Act of 2007 is amended by the insertion of the following section after section 41: “41A.(1) This section applies where it appears to the chief inspector that a specified incident has occurred, following⁠— (a) the...

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

Stephen Donnelly: I move amendment No. 1 to amendment No. 26: In section 41A(10), inserted by section 45, to delete the definition of “specified incident” and substitute the following: “ ‘specified incident’ means an incident that occurs on or after the coming into operation of this section— (a) that may have resulted in the unintended or unanticipated death or...

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

Stephen Donnelly: I move amendment No. 27: In page 55, between lines 13 and 14, to insert the following: “Amendment of section 72 of Act of 2007 45.Section 72 of the 2007 Act is amended, in subsection (1)⁠— (a) by the insertion of “or a review referred to in section 41A” after “section 41”, (b) in paragraph (a), by the insertion of “referred to...

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

Stephen Donnelly: I move amendment No. 28: In page 55, line 16, to delete “subsection (1)(b)” and substitute “subsection (1)”.

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

Stephen Donnelly: I move amendment No. 29: In page 55, line 16, to delete “subparagraphs” and substitute “paragraphs”.

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

Stephen Donnelly: I move amendment No. 30: In page 55, line 17, to delete “subparagraphs (i) and (ii)” and substitute “paragraphs (i) and (ii)”.

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