Helen McEntee (Meath East, Fine Gael) | Oireachtas source

This grouping sets out the steps in the open disclosure process, from when the health services provider first becomes aware of a patient safety incident to the organisation of the meeting itself, and includes what happens when a patient decides not to take part in the process or if the health services provider cannot get in touch with the patient.

Amendment No. 8 inserts section 12 into the Bill, which provides that a health services provider may make an open disclosure regarding a patient safety incident to a patient and-or his or her relevant person.

Amendment No. 9 inserts section 13 into the Bill, which provides for who makes the disclosure on behalf of a health services provider. It will generally be the principal health practitioner involved in the patient’s care. If the principal health practitioner is unavailable, another health practitioner who the health services provider considers appropriate will make the disclosure.

Amendment No. 10 inserts section 14 into the Bill, which deals with the timing of an open disclosure meeting, which should take into the account the circumstances of the meeting, including the desirability of the open disclosure being made as soon as practicable. The meeting can go ahead even if not all of the information is available at the time.

Amendment No. 11 inserts section 15 into the Bill, which provides for matters to be addressed by a health services provider before making an open disclosure. Matters to be addressed include: to whom the open disclosure should be made, whether it should be a patient or a relevant person or both; whether it is appropriate for an apology to be made; taking steps to ensure the information is given in as clear a manner as possible; and designating a person to liaise with the patient regarding the open disclosure.

Amendment No. 13 inserts section 17 into the Bill, which provides for what happens when a patient or relevant person declines to participate in a proposed open disclosure meeting. It is important to note that there is no obligation on them to agree to participate.

Amendment No. 16 inserts section 20 into the Bill, which provides for what happens when a health services provider cannot contact a patient to arrange an open disclosure meeting. A health services provider should take all steps reasonably open to them to get in touch with a patient to arrange an open disclosure meeting.