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Civil Liability (Amendment) Act 2017 (No. 30)Introductory TextActs Referred toPart 1 Preliminary (s. 1)1. Short title and commencementPart 2 Amendment of Civil Liability Act 1961 (s. 2)2. Periodic payments orders - insertion of Part IVB in Civil Liability Act 1961Part 3 Amendment to other Acts (ss. 3-6)3. Amendment of section 3 of Insurance Act 19644. Amendment of Bankruptcy Act 19885. Amendment of Taxes Consolidation Act 19976. Amendment of section 17 of Civil Liability and Courts Act 2004Part 4 Open Disclosure of Patient Safety Incidents (ss. 7-23)Chapter 1 General (ss. 7-8)7. Interpretation8. Meaning of "patient safety incident"Chapter 2 Open disclosure of a patient safety incident (ss. 9-11)9. Open disclosure of patient safety incident9A. Disclosure of information by health services provider and health practitioner10. Open disclosure: information and apology not to invalidate insurance; constitute admission of liability or fault; or not to be admissible in proceedings11. Statement in relation to open disclosure procedure and application of section 10 to information and apologyChapter 3 Making of open disclosure of patient safety incident (ss. 12-23)12. Voluntary open disclosure of patient safety incident12A. Section 12: supplemental provisions13. Making of open disclosure of patient safety incident by health services provider14. Time of making of open disclosure15. Matters to be addressed by health services provider before making open disclosure of patient safety incident15A. Open disclosure meeting generally to be held in person16. Open disclosure meeting17. Refusal, by patient or relevant person, to participate in open disclosure of patient safety incident18. Provision of additional information at additional information meeting19. Clarification of information provided at open disclosure meeting and additional information provided at additional information meeting20. Failure to contact patient for purpose of open disclosure of patient safety incident20A. Statements specifying information given at certain meetings21. Records relating to open disclosure of patient safety incident22. Regulations23. Savings and transitional provisions for this Part
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Version status: In force | Document consolidation status: No known changes
Version date: 22 September 2018 - onwards
Version 2 of 2

15. Matters to be addressed by health services provider before making open disclosure of patient safety incident

(1) Before making an open disclosure of a patient safety incident, a health services provider shall -

(a) in order to determine the appropriate time at which to make the open disclosure to the patient or relevant person (or both of them) and having regard to paragraph (a) of section 14(1) -

(i) make an assessment of all the circumstances of the patient and the nature of the patient safety incident concerned, and

(ii) consult, having had regard to the circumstances referred to in subparagraph (i), with such other person (if any) as the health services provider considers appropriate,

(b) determine, subject to subsection (4), whether the open disclosure of the patient safety incident concerned is to be made to the patient or the relevant person (or both of them), having had regard to -

(i) the assessment referred to in paragraph (a)(i),

(ii) the nature of the patient safety incident, and

(iii) consultations, if any, referred to in paragraph (a)(ii),

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