Dáil Éireann Debate, Thursday - 12 July 2018
441. Deputy Róisín Shortall asked the Minister for Health the planned timeline for implementation of the patient safety Bill; the disclosure policies that will be in effect until the new legislation comes into force; and if he will make a statement on the matter. [32015/18]
View answerOn 5 July last, the Government approved the General Scheme of the Patient Safety Bill. This new legislation provides for a number of patient safety priorities, including the mandatory open disclosure of serious reportable patient safety incidents, the notification of reportable patient safety incidents to the appropriate Regulator, the use of clinical audit to improve patient care and outcomes, and the extension of the Health Information Quality Authority’s remit to private hospitals. I have since referred the General Scheme of the Patient Safety Bill to the Oireachtas Committee on Health in order to allow the Committee to consider the undertaking of Pre-Legislative Scrutiny of the Bill. I would hope to be in a position to introduce the Bill into the Oireachtas at the earliest opportunity.
In addition, on 3 July, I signed the Civil Liability (Amendment) Act 2017 (Part 4) (Commencement Order) 2018 in order to prescribe Regulations in relation to open disclosure in line with the Civil Liability (Amendment) Act 2017. Subsequently, on 4 July, I signed the Civil Liability (Open Disclosure) (Prescribed Statements) Regulations 2018, to come into effect on 23 September 2018. This timeframe will allow health services providers, in line with the Act of 2017, the space to put in place any additional required resources, along with the appropriate governance structures, to ensure compliance with the Regulations. In order to achieve this, clear lines of accountability and responsibility in relation to planning, developing, delivering, monitoring, evaluating and reporting on this important patient safety measure, in order to ensure that patients are placed at the centre of the process, is vital.
These Regulations are an enhancement of the existing approach to open disclosure, which should be conducted in line with current policies and procedures, including the Health Service Executive's Open Disclosure Policy (2013). Open disclosure should continue to take place in all situations where it is appropriate and necessary.
Provisions for mandatory open disclosure of serious reportable patient safety incidents, as provided for in the Patient Safety Bill, are closely aligned with the Civil Liability (Amendment) Act 2017. Therefore, when the Patient Safety Act comes into effect, it will complement the open disclosure model already in operation under existing policies and the Act of 2017.
