division_name: Health and Social Care Bill &#8212; <i>Report (3rd Day)</i> &#8212; <i>Relevant documents: 18th and 22nd Reports from the Constitution Committee</i>
motion: <p pid="a.1047.1/1" pwmotiontext="unrecognized"><b><i>Clause 19 : Regulations as to the exercise of functions by the Board or clinical commissioning groups</i></b></p>
  
  <p class="italic" pid="a.1047.1/2" pwmotiontext="unrecognized">Amendment 38A</p>
  
  <p class="italic" pid="a.1047.1/3" pwmotiontext="unrecognized"> Moved by Baroness Masham of Ilton</p>
  
  <p pid="a.1047.1/4" pwmotiontext="unrecognized"><b>38A:</b> Clause 19, page 14, line 9, at end insert-</p>
  
  <p pid="a.1047.1/5" pwmotiontext="quot">"( ) The regulations must require the Board to include in terms and conditions prepared by virtue of subsection (5)(a) provision for a requirement to be placed upon any organisation that enters into a commissioning contract to provide healthcare with the Board or with a clinical commissioning group to take all reasonable steps to ensure that a patient or, in the event of death or incapacity, their next of kin, is fully informed about incidents which occur as a consequence of providing the contracted healthcare to that patient where the incident has resulted in-</p>
  
  <p pid="a.1047.1/6" pwmotiontext="lines">(a) any injury to a patient which, in the reasonable opinion of a health care professional, has resulted in-</p>
  
  <p pid="a.1047.1/7" pwmotiontext="lines">(i) an impairment of the sensory, motor or intellectual functions of the patient which is not likely to be temporary,</p>
  
  <p pid="a.1047.1/8" pwmotiontext="lines">(ii) changes to the structure of a patient's body,</p>
  
  <p pid="a.1047.1/9" pwmotiontext="lines">(iii) the patient experiencing prolonged pain or prolonged psychological harm, or</p>
  
  <p pid="a.1047.1/10" pwmotiontext="lines">(iv) the significant shortening of the life expectancy of the patient; or</p>
  
  <p pid="a.1047.1/11" pwmotiontext="lines">(b) any injury to a patient which, in the reasonable opinion of a health care professional, requires treatment by that, or another, health care professional in order to prevent-</p>
  
  <p pid="a.1047.1/12" pwmotiontext="lines">(i) the death of the patient, or</p>
  
  <p pid="a.1047.1/13" pwmotiontext="lines">(ii) an injury to the patient which, if left untreated, would lead to one or more of the outcomes mentioned in paragraph (a)."</p>