Patient Safety Act 2023 and Open Disclosure: What Healthcare Teams Should Know

This guide covers Ireland. For the UK equivalent, see our guide: Martha's Rule: What It Means for Patient Safety in the UK.

The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023, usually shortened to the Patient Safety Act 2023, puts mandatory open disclosure of certain serious incidents on a legal footing in Ireland. For healthcare teams, the question behind "Patient Safety Act 2023 open disclosure training Ireland" is practical: what does the Act require of the service, what does it mean for individual staff, and what training do the official bodies point to? This guide sets out what we read on official pages, flags what the pages do not say, and labels our own suggestions.

It is a workforce and compliance briefing, not legal or clinical advice. Inspection standards are covered in our review of the HIQA Safer Better Healthcare standards, which is a useful companion to this post.

What the Act is and when it commenced

The Irish Statute Book shows the Act's long title as providing for the mandatory open disclosure, by health services providers, of certain incidents. Its contents list Parts on open disclosure of notifiable incidents, the procedure for making open disclosure, notification to certain bodies, open disclosure of Part 5 reviews, clinical audit, amendments to the Health Act 2007, offences and penalties, and miscellaneous provisions. A schedule lists the notifiable incidents.

A gov.ie press release from the Minister for Health (no date is shown on the page) says the Act was signed on 2 May 2023, that a technical amendment Bill commenced on 19 August 2024, and that most of the Act has commenced. It says one provision, on reviews of serious incidents in nursing homes, would commence once a minor technical amendment is complete. CORU's open disclosure page, which shows no date of its own, gives 26 September 2024 as the date the Act commenced. The Department of Health guidance also notes that the nursing home incident review provisions had not yet commenced and that the Act applies only to notifiable incidents occurring after commencement.

Because commencement of individual provisions can change, check the current position on gov.ie or the Irish Statute Book before relying on any date here.

Who the Act covers

According to the press release and the Department of Health guidance, the requirements apply to public and private health services, including the HSE, Section 38 and 39 organisations, private hospitals and private providers such as GPs, dentists and pharmacists. The Act also extends HIQA's remit to prescribed private health services and private hospitals. Patient-requested reviews of cancer screening are covered by a separate Part on open disclosure of reviews.

The core duties, as the Department of Health guidance describes them

The Department of Health guidance on the Act is not a legal interpretation, and says that where it conflicts with the Act, the Act governs. It shows no version number or publication date. It describes the following duties:

• The provider carries the obligation. The guidance says the obligation to carry out open disclosure is on the health services provider, not the individual health practitioner.
• Disclosure as early as possible. It says disclosure should happen as early as possible, even when not all details are known.
• A designated person. A liaison must be assigned before disclosure and documented in writing.
• A written statement. The guidance says a written record of the disclosure meeting must be provided within five days of the meeting.
• Notification to the regulator. Notifiable incidents must be notified to the relevant regulator (HIQA, the Chief Inspector within HIQA, or the Mental Health Commission) as soon as practicable and no later than seven days from being satisfied the incident occurred, according to the guidance.
• Records. Providers must keep specified records of disclosures, refusals and contact attempts.
• Practitioner reporting. Health practitioners must report to their superiors if they believe a notifiable incident has occurred.

The Act includes a Part on offences and penalties. We do not state any amounts here, because we did not read them on an opened page; consult the Act directly.

Which incidents are notifiable is set out in a schedule to the Act, and the press release says the Minister can add incidents by regulation. We have deliberately not reproduced the list, because it can change. Services should work from the schedule and any regulations.

What the HSE says about open disclosure and training

The HSE open disclosure page states that open disclosure training is mandatory for all staff working in the HSE and HSE-funded services. It also says a revised Open Disclosure Policy was issued in 2025, replacing the 2019 policy. The HSE policy page shows an effective date of 17 June 2025, says the policy applies across HSE and HSE-funded services, and describes the policy as enabling implementation of the 2023 Act alongside the Department of Health National Open Disclosure Framework (2023). It also refers to staff legal protections under the Civil Liability (Amendment) Act 2017 and the 2023 Act.

An HSE Patient Safety Act training poster (the file name indicates September 2024) lists three training items:

• an online overview of the Act, on HSeLanD, for all staff working in health and social care services;
• an online module on the role of the designated person in incident management and open disclosure, for current and prospective designated persons; and
• a face-to-face skills workshop, described as a three-hour session, mandatory for all those involved in the open disclosure process.

The gov.ie press release also says the HSE developed an open disclosure training policy and communications plan for staff. The HSE page does not set out every detail of refresher cycles, so check the current HSE policy for those.

What professional regulators say

CORU's guidance for registrants describes open disclosure as an open, honest, empathic and timely approach to communicating with patients and families when things go wrong. It says the Act and the Framework require registrants to know the mandatory open disclosure provisions and the notifiable incident list, understand their roles in the incident management process, know the support services available, record the open disclosure meeting, and undertake mandatory training requirements for open disclosure. If you employ registered professionals, this is a reminder that their professional expectations may reinforce your internal training.

A practical approach to training your team

Our suggestion, which is not a legal requirement, is to treat training as three layers that match the duties above.

• All staff: what a notifiable incident is in general terms, why practitioners must tell their superiors, and who the designated person is in your service.
• Managers and designated persons: the process, timing and record-keeping the guidance describes, and how it links to your incident system.
• Those who lead disclosure conversations: communication skills, preparing a quiet room, and arranging support during and after the meeting, topics the Department of Health guidance touches on. These skills are best practised with a trainer present, and an in-person session suits them, as the HSE's own workshop format suggests.

Check your incident policy, escalation chart and contact details against the Act and the Department of Health guidance, and keep a training record by person and date. Where your service reports workplace accidents to the Health and Safety Authority, remember that the notifiable incident route to HIQA or the Mental Health Commission is a separate system; our guide to HSA accident and dangerous occurrence reporting covers the workplace side. Staff also benefit from understanding how inspectors look at training evidence, which we explain in our guide to HIQA inspections and staff training.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Is the Patient Safety Act 2023 in force?

A gov.ie press release says most of the Act has commenced, with the nursing home incident review provision to follow once a technical amendment is complete, and CORU gives 26 September 2024 as the commencement date. Check gov.ie or the Irish Statute Book for the current position.

Who is responsible for open disclosure under the Act, the provider or the individual?

The Department of Health guidance says the obligation is on the health services provider, not the individual practitioner. It also says practitioners must report to their superiors if they believe a notifiable incident has occurred.

Is open disclosure training mandatory?

The HSE open disclosure page says it is mandatory for all staff working in the HSE and HSE-funded services. Other employers should check their own regulator, funder and professional-body expectations.

Does the Act apply to private providers?

The press release and guidance say it applies to public and private health services, including private hospitals and providers such as GPs, dentists and pharmacists.

Where do we find the list of notifiable incidents?

In the schedule to the Act and any regulations made under it. The Minister can add incidents by regulation, so check the current version.

Good preparation means knowing your own process, training by role, and keeping evidence that staff understand what to do when a serious incident occurs.