Patient Savety (Notifiable Incidents and Open Disclosure) Act 2023
Number 10 of 2023
PATIENT SAFETY (NOTIFIABLE INCIDENTS AND OPEN DISCLOSURE) ACT 2023
REVISED
Updated to 1 October 2024
This Revised Act is an administrative consolidation of the Template Act 0000. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Criminal Justice (Amendment) Act 2024 (31/2024), enacted 4 October 2024, and all statutory instruments up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Regulations 2024 (S.I. No. 501 of 2024), made 1 October 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 10 of 2023
PATIENT SAFETY (NOTIFIABLE INCIDENTS AND OPEN DISCLOSURE) ACT 2023
REVISED
Updated to 1 October 2024
CONTENTS
Preliminary and General
Section
1. Short title and commencement
Open Disclosure of Notifiable Incident
General
5. Obligation to make an open disclosure of notifiable incident
6. Health practitioner to inform health services provider of notifiable incident
7. Persons to whom open disclosure of notifiable incident is made
8. Regulations specifying notifiable incident
9. Open disclosure of notifiable incident
Open disclosure: openness and transparency
12. Disclosure of information by health services provider and health practitioner
Procedure for making Open Disclosure of Notifiable Incident
13. Making of open disclosure of notifiable incident by health services provider
14. Time of making of open disclosure
17. Notifiable incident disclosure meeting generally to be held in person
18. Notifiable incident disclosure meeting
19. Refusal, by patient or relevant person, to participate in open disclosure of notifiable incident
21. Additional notifiable information
22. Additional notifiable information to be provided at additional notifiable information meeting
24. Statements specifying information given at certain meetings
25. Records relating to open disclosure of notifiable incident
Notification to Certain Bodies of Notifiable Incidents
27. Notification to Authority by health services providers of notifiable incident
28. Notification to chief inspector of notifiable incident by certain health services providers
29. Notification to Commission of notifiable incident by certain health services providers
30. Method of making notifications under sections 27, 28 and 29
31. Provision of additional and further information by health services provider
34. Restriction of Act of 2014 in respect of notification made under this Part
Open disclosure of Part 5 reviews
36. Obligation to inform patient of right to make request for Part 5 review
37. Obligation to make an open disclosure of Part 5 review
38. Health practitioner to inform health services provider of Part 5 review
39. Persons to whom open disclosure of Part 5 review is made
40. Open disclosure of Part 5 review
43. Disclosure of information by health services provider and health practitioner
44. Making of open disclosure of Part 5 review by health services provider
45. Time of making of open disclosure
48. Part 5 review disclosure meeting generally to be held in person
49. Part 5 review disclosure meeting
50. Refusal, by patient or relevant person, to participate in open disclosure of Part 5 review
52. Additional Part 5 review information
55. Statements specifying information given at certain meetings
56. Records relating to open disclosure of results of Part 5 review
Clinical Audit
58. Clinical audit and clinical guideline
59. Clinical audit to which Part applies
60. Restriction of Act of 2014
Amendment of Act of 2007
62. Amendment of section 2 of Act of 2007
63. Amendment of section 8 of Act of 2007
64. Amendment of section 9 of Act of 2007
65. Standards set by Authority
66. Provision of information to Authority
67. Amendment of section 41 of Act of 2007
68. Review of specified incident by chief inspector
69. Amendment of section 72 of Act of 2007
70. Amendment of section 73 of Act of 2007
71. Amendment of section 74 of Act of 2007
72. Amendment of section 75 of Act of 2007
73. Reports of Authority or chief inspector
74. Amendment of section 78 of Act of 2007
75. Prescribed private health services
Offences and Penalties
Miscellaneous and General
80. Review of operation of Act
83. Savings and transitional provisions in respect of open disclosure under Part 4 of Act of 2017
Notifiable Incidents
Amendments of Act of 2017
Acts Referred to
Assisted Decision-Making (Capacity) Act 2015 (No. 64)
CervicalCheck Tribunal Act 2019 (No. 31)
Child and Family Agency Act 2013 (No. 40)
Child Care Act 1991 (No. 17)
Civil Liability (Amendment) Act 2017 (No. 30)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Companies Act 2014 (No. 38)
Coroners Act 1962 (No. 9)
Dentists Act 1985 (No. 9)
Freedom of Information Act 2014 (No. 30)
Health Act 2004 (No. 42)
Health Act 2007 (No. 23)
Health and Social Care Professionals Act 2005 (No. 27)
Interpretation Act 2005 (No. 23)
Medical Practitioners Act 2007 (No. 25)
Mental Health Act 2001 (No. 25)
National Treasury Management Agency (Amendment) Act 2000 (No. 39)
Nurses and Midwives Act 2011 (No. 41)
Pharmacy Act 2007 (No. 20)
Powers of Attorney Act 1996 (No. 12)
Number 10 of 2023
PATIENT SAFETY (NOTIFIABLE INCIDENTS AND OPEN DISCLOSURE) ACT 2023
REVISED
Updated to 1 October 2024
An Act to provide for the mandatory open disclosure, by health services providers of certain incidents occurring in the course of the provision, to a person, of a health service; to provide, in the interest of the common good, for certain restrictions on the use of the information provided in such disclosures that are made in accordance with this Act and of any apologies made in the course of such disclosures and the use of any other information relating to the open disclosure provided, and apology made, after the notifiable incident disclosure meeting; to provide for the mandatory open disclosure, by health services providers, of Part 5 reviews carried out in accordance with this Act; to provide, in the interest of the common good, for certain restrictions on the use of the information provided in such disclosures that are made in accordance with this Act and of any apologies made in the course of such disclosures and the use of any other information relating to the open disclosure provided, and apology made, after the Part 5 review disclosure meeting; to make provision for procedures in respect of clinical audit, and the data obtained in clinical audits; to provide for the notification of certain incidents to certain persons; to amend the National Treasury Management Agency (Amendment) Act 2000; to amend Part 4 of the Civil Liability (Amendment) Act 2017; to amend the Health Act 2007 to provide for the application of standards set by the Health Information and Quality Authority to 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 and for the Minister to prescribe certain health services as a prescribed private health service; and to provide for related matters.
[2nd May, 2023]
Be it enacted by the Oireachtas as follows: