Results 14,381-14,400 of 24,635 for speaker:Mary Harney

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: This technical amendment is included to correct a typographical error in the Bill relating to a cross-reference to section 11 — rules made under section 11 and not section 12.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: I am advised it is a matter for the council and the committee to make a decision in such a case.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: We are dealing with the complaint being made in writing.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: I am reading the subsection.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: If the patient does not consent, I note that section 66(9) states "or (b) the Committee has directed in writing the practitioner, or any other person who has power over or control of the records, to make the records so available". The patient might not consent in writing but might consent orally, I presume. Is the Senator saying that if a patient refuses to make his or her records...

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: I am told this provision exists in the current legislation.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: I am told this is the law under the 1978 Act and it has not caused any difficulties.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: By the doctor?

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: It is provided under the current Act. It provides that if the patient does not give consent, the committee can direct the doctor to make them available.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: That is what it states in the current Act. It states the committee can specifically direct the registered medical practitioner concerned to produce such records. If the patient is the complainant, I do not understand why he or she would not make his or her records available. This may be covering a case where somebody else is the complainant and a patient's specific records are required.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: I do not understand why if a patient is the complainant, he or she would not make his or her records available.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: Apparently this provision is part of the current law and it has not caused a problem. The committee can give a direction to the doctor concerned. It is probably being done so patients' records are not made available on too liberal a basis.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: Obviously, we cannot supersede the Data Protection Act. Is the Senator talking about a doctor who has been cleared?

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: If he or she has been cleared, his or her name will still be on the register as he or she has not been struck off. Does the Senator mean in the newspapers?

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: It would not appear anywhere but if there is a fitness to practise inquiry in respect of him or her, obviously, there would be records of that. The inquiry might be held in public or in private but if he or she is not struck off, his or her name remains on the register.

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: Is the Senator talking about a vexatious complaint?

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: His or her good name cannot be taken away without a fitness to practise inquiry taking place. Under this Bill, people will have the right to go to the courts if they believe they were not given fair play. They will have the right to appeal to the courts where these matters are ultimately determined. When the Senator talks about a person's innocence, a fitness to practise inquiry can...

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: The difference here is that we have a preliminary screening committee and mediation. If a patient makes a complaint about a doctor, it is to be hoped mediation could be used to resolve it. The doctor might have been rude or turned up late. That will not go to a fitness to practise inquiry. If there was a health issue and somebody believed the doctor was drinking too much or whatever, it...

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: I took legal advice and consulted the Medical Council. The view was that this is an area of uncertainty. It is being challenged before the courts and rather than try to put legislation around it, it was decided to await the determination of the courts. Depending on the outcome in the courts, which could take some time, we may need to amend the legislation. The strong legal advice was not...

Seanad: Medical Practitioners Bill 2007: Committee and Remaining Stages (4 Apr 2007)

Mary Harney: I agree with the Senator.