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Duty of candour

Definition in secondary legislation

From:

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, reg 20

Legislation

(1) A health service body must act in an open and transparent way with relevant persons in relation to care and treatment provided to service users in carrying on a regulated activity.

(2) As soon as reasonably practicable after becoming aware that a notifiable safety incident has occurred a health service body must--
(a)notify the relevant person that the incident has occurred in accordance with paragraph (3), and
(b)provide reasonable support to the relevant person in relation to the incident, including when giving such notification.

(3) The notification to be given under paragraph (2)(a) must--
(a)be given in person by one or more representatives of the health service body,
(b)provide an account, which to the best of the health service body's knowledge is true, of all the facts the health service body knows about the incident as at the date of the notification,
(c)advise the relevant person what further enquiries into the incident the health service body believes are appropriate,
(d)include an apology, and
(e)be recorded in a written record which is kept securely by the health service body.

(4) The notification given under paragraph (2)(a) must be followed by a written notification given or sent to the relevant person containing--
(a)the information provided under paragraph (3)(b),
(b)details of any enquiries to be undertaken in accordance with paragraph (3)(c),
(c)the results of any further enquiries into the incident, and
(d)an apology.

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