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Our legal counsel is not employed by our facility. Can he have access to patient safety work product?
– J.B., a Southern California Hospital

Dear J.B.,

You may share patient safety work product (PSWP) with health care providers holding privileges at your institution. You can also share PSWP with your workforce, which includes employees, volunteers, trainees, contractors, or other persons whose conduct, in the performance of work for your organization is under your organization’s direct control, whether or not employed by you. These are not considered disclosures under the Patient Safety Act.

If the attorney is not under your organization’s direct control, you still may disclose PSWP under a provision of the Act that allows disclosure for business purposes to attorneys, accountants, and other professionals. These recipients are barred from disclosing the received PSWP to other entities. Your legal counsel is invited to join a Legal Counsel Discussion Group organized by CHPSO, which discusses this and other aspects of the patient safety work product privilege and confidentiality rules. This conference call is open to all legal counsel and occurs quarterly. The next scheduled call is May 22. To sign up, visit www.chpso.org/pod/legal-counsel-discussion-group.

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