Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
PART 7 Amendment of Act of 2007 | ||
Amendment of section 2 of Act of 2007 | ||
62. Section 2 of the Act of 2007 is amended, in subsection (1)— | ||
(a) by the insertion of the following definitions: | ||
“‘Act of 2004’ means the Health Act 2004 ; | ||
‘cancer screening service’ has the same meaning as it has in section 2 of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023; | ||
‘complainant’ shall be construed in accordance with section 41A(5); | ||
‘health service’ means the provision of clinical care or any ancillary service to a person for— | ||
(a) the screening (other than screening carried out by a cancer screening service), preservation or improvement of the health of the person, | ||
(b) the prevention, diagnosis, treatment or care of an illness, injury or health condition of the person, | ||
(c) the performance or surgery, or a surgical intervention, in respect of aesthetic purposes, or other non-medical purposes, that involves instruments or equipment being inserted into the body of the person, or | ||
(d) without prejudice to paragraph (a), a cancer screening service; | ||
‘medical speciality’ means a medical speciality recognised by the Medical Council under section 89 of the Medical Practitioners Act 2007 ; | ||
‘patient’ has the meaning assigned to it by section 41A(10); | ||
‘prescribed private health service’ means a health service that is prescribed under section 101A; | ||
‘private hospital’ means a hospital under the management or control of a person (other than the Executive)— | ||
(a) at which— | ||
(i) medical or surgical treatment for illness, injury, disability, palliative, obstetric or gynaecological care, or | ||
(ii) a health service, | ||
is provided to a person which provision of treatment is under the direction of registered medical practitioners from at least 3 different medical specialities who are registered in the Specialist Division of the register of medical practitioners, and | ||
(b) which is capable of accommodating one or more persons in that hospital when providing the treatment under paragraph (a), for a minimum period of 24 hours, but does not include— | ||
(i) a designated centre, | ||
(ii) a centre registered by the Mental Health Commission, | ||
(iii) a service provider to which paragraph (a) of the definition of service provider applies, or | ||
(iv) a hospital which is in receipt of assistance under section 39 of the Act of 2004; | ||
‘register of medical practitioners’ has the same meaning as it has in the Medical Practitioners Act 2007 ; | ||
‘registered medical practitioner’ has the same meaning as it has in the Medical Practitioners Act 2007 ; | ||
‘Specialist Division’ has the same meaning as it has in the Medical Practitioners Act 2007 .”, | ||
and | ||
(b) by the substitution of the following definition for the definition of “service provider”: | ||
“‘service provider’ means— | ||
(a) a person who enters into an arrangement under section 38 of the Act of 2004 to provide a health or personal social service on behalf of the Executive, | ||
(b) a person who is in receipt of assistance under section 39 of the Act of 2004 in an amount that exceeds an amount prescribed for the purpose of this subparagraph, | ||
(c) a service provider under the Child and Family Agency Act 2013 , or | ||
(d) a private hospital;”. |