narendra malhotra
M.D., F.I.C.O.G., F.I.C.M.C.H.,F.R.C.O.G.(hon causa)F.I.C.S.
• Prof.Dubrovnik International univ
• FOGSI rep to FIGO
• Member FIGO good practise guidelines committee
• President FOGSI (2008)
• Dean of I.C.M.U. (2008)
• Director Ian Donald School of Ultrasound
• National Tech. Advisor for FOGSI-G.O.I.—Mc Arthur Foundation EOC Course
• Practicing Obstetrician Gynecologist at Agra. Special Interest in High Risk Obs., Ultrasound,
Laparoscopy and Infertility, ART & Genetics
• Member and Fellow of many Indian and international organisations
• FOGSI Imaging Science Chairman (1996-2000)
• Awarded best paper and best poster at FOGSI : 5 times, Ethicon fellowship, AOFOG young gyn.
award, Corion award, Man of the year award, Best Citizens of India award
• Over 30 published and 100 presented papers
• Over 50 guest lectures given in India & Abroad.Presented 10 orations.
• Organised many workshops, training programmes, travel seminars and conferences
• Editor 8 books, many chapters, on editorial board of many journals
• Editor of series of STEP by STEP books
• Revising editor for Jeatcoate’s Textbook of Gynaecology (2007)(2014)
• Very active Sports man, Rotarian and Social worker
MNMH,AGRA
GLOBAL RAINBOW HEALTH CARE,AGRA
RAINBOW IVF
www.rainbowhospitals.org
mnmhagra3@gmail.com
Does law actually prevent us to
serve ?
Narendra Malhotra
R N Goel
Jaideep Malhotra
www.mnmhagra3@gmail.com
yes
no
We need to understand what is
LAW ?
Why are LAWS made and for whom ?
Law and medical practice does it prevent us from serving
PMT COMPTETION
law of reservations !
Do we need this and is this preventing
good students to NOT opt for
MEDICINE as a career !
PG ENTERANCE COMPETITION
START
MATERNITY AND NURSING HOMES
To
START SERVE WOMEN
That is the AIM of most of the DOCTORS or MEDICAL students
ON SERVICES TO WOMEN
ON HUMANITARIAN GROUND
GOVERNMENT
AND PUBLIC
ALL
EXPECTS CHARITY FROM DOCTORS
WE ALL WANT TO SERVE WOMEN
HEALTH
SAFE PREGNANCY
SAFE DELIVERY
FAMILY PLANNING
CANCER SCREENING
SO WE ALL WANT RELAXED LAWS?
DOCTORS WANT LAWS TO BE
RELAXED SPECIALLY FOR THEM ?
WHY ?
BECOS WE WANT TO SERVE ?
SO LETS FIRST PONDER WHY LAWS ARE BEING
MADE ?
LAWS ARE MADE BECAUSE WE /SOME OF US
PRACTISE BEYOND THE LINES OF ETHICS
SO WE DO NEED SOME LAWS TO REGULATE
PRACTISE
SO THAT THERE IS NO MALPRACTISE AND
ABUSE
Law and medical practice does it prevent us from serving
LAW NO 1.
Maternity & Nursing Home are
commercial activity as per
Government.
For start of many commercial activity many facility like
relaxation of taxes etc for first few years. (specially for
export/import etc)
But for starting of Maternity & Nursing home no
relaxation of any type.
This hampers our desire to serve women…….and we
would definitely like this type of LAW to be simplified….
YES THIS LAW DOES ACTUALLY PREVENT US TO SERVE
WOMEN !
MANY OTHER COMMERCIAL TAXES
• Commercial water and electricity taxes
• Nagar nigam taxes:capital cost/house tax
• Clinical establishment act
• Nursing homes and hospitals not allowed in the residential areas
• Annual registration with the CMO
• Pollution and generators
• Sales tax if the sale of medicines is over 3 lacs
• Labour deptt
• Fire deptt
• Biomedical waste
MANY SUCH LAWS WHICH ARE GOOD LAWS BUT THE
IMPLIMENTATION AND THE ADMINISTRRATIVE HURDLE IS SO
MUCH AND THE “BABU” CORRUPTION IS SO MUCH THAT
THIS PREVENTS US DOCTORS TO DO ALL THE SERVICE WHICH
WE WANT TO DO.
LAW 2. MCI Registration
Registration under MCI Act
Graduation Registration
P G Registration
REGISTRATION SHOULD BE SIMPLIFIED
ALL OF US HAVE TO GO PHYSICALLY TO GET THESE REGISTRATION AND WE
HAVE TO GO PHYSICALLY EVEN TO GET A ‘GOOD STANDING’ CERTIFICATE
OR FOR JUST CHANGING OUR CITY AND GETTING REGISTRATION IN AND
OF ALL THE STATES…this is very cumbursome,time consuming and actually
just not required
SOLUTION: ONE SINGLE REGISTRATION IN
M.C.I. REGISTER SHOULD LET YOU PRACTISE
AND SERVE WOMEN ANYWHERE IN INDIA
MCI Registration I.M.R
Procedure for Getting IMR CertificateThe following are
requirements for obtaining IMR Certificate
1. A hand written/typed application addressed to the
Secretary, Medical Council of India, New Delhi, requesting
for getting IMR Certificate.
2. An attested Xerox copy of registration with Medical
Council of India or with any State Medical Council
3. A demand draft of Rs.100/- in favour of Secretary, Medical
Council of India payable at New Delhi at any Bank.
Law and medical practice does it prevent us from serving
LAW NO 3.
Sale Tax/Vat Registration for Medicine
shop
ITS NOW MANDATORY TO HAVE MEDICINE
OUTLETS IN YOUR NURSING HOME
• If your annual sale of medicine is above 5 lac
If owner of medical shop is other than doctor
and/or dispensing medicine on prescription of
other doctor than they have to take DRUG LICENSE.
Both process are with sales tax offices and a lot of
corrupt lower staff is a big problem every year.
LAW NO.4
Registration under BMW
GOOD LAWS
BUT CORRUPTION AND NON
UNIFORM IMPLIMENTATION
• Registration under BMW act by Pollution
Control Board
• Registration with CBWTF (Common Bio Waste
Treatment Facility)
Law and medical practice does it prevent us from serving
Law and medical practice does it prevent us from serving
SCHEDULE III
(see Rule 6)
LABEL FOR BIO-MEDICAL WASTE CONTAINERS/BAGS
BIOHAZARD CYTOTOXIC
Important Precautions
Never transfer sharps directly from person to person
Never recap the needles
Never overload bins used for storing Bio Medical WasteDo not inhale chemicals directly. Use always mask.
Keep away sharps medicines from children
Never transfer sharp directly Always incinerate human anatomical waste.
General waste to be put in black container.
Display the Bio-Hazardous Symbol and the types of waste to be put in each container as per Schedule-II
LAW NO 5.
Registration for Water & Air
Pollution
Disposal of Radioactive substances
LAW NO.6.
Noise Pollution
Canopy for Generator
LAW N0.7
LABOUR ACT
• Minimum Wedges act is applicable for staff
of hospital
LAW NO.8
ESI ACT
• Nursing Home employee are entitled under
ESI act.
LAW NO 9.
Provident Fund Act
• If employee are more than 7 than they are
covered as per Provident Fund
LAW no 10.
Fire Department
Clinic and single story nursing homes requirement are:
1. Emergency Exit
2. Fire Extuingsher
Multy story Hospital with/without basement has to
have
1. Emergency Exit
2. NOC as per act
LAW no 11
Nagar Nigam Ceiling
Nursing Homes are not allowed in
Residential areas.
on the other hand nursing homes
services are needed in the vicinity
of residential areas only
If a lady have labor pain than she
will go to maternity home near to
her residence. If she has to go to
maternity home in commercial
area than who will be responsible
for delivery on the way.
LAW no 12
Commercial PROPERTY TAX
Doctors chambers, Day care center and small
nursing homes has to pay Commercial
Property Tax nearly equal to Hotels.
Why the Government and public expect
charity from doctors………
Prevents us to serve women >>>>YES
LAW no 13
Commercial Water
Water supplied to health care
centers are charge on commercial
rates
ALL ADDING TO THE INCREASE IN
COSTS OF SERVICE PROVIDED TO
THE PATIENTS, MAKING
TREATMENT MORE AND MORE
EXPENSIVE
LAW NO 14
Commercial Electricity
As per Power Department there are follwing
category:
LMV I Residential
LMV II Commercial
LMV IVb Nursing homes are kept in this
category whose rates are more than LMV II
LAW NO .15
Consumer Protection Act
Due to high tech investment cost of treatment
has increased very high.
Due to un affordability they can not go to higher
center, but expect same result of higher center at
low cost treatment facility.
Cases are increasing day by day and very high
compensation judgments are coming.
DEFINITION OF NEGLIGENCE AND MISTAKES
AND KNOWN TREATMENT COMPLICATIONS ARE
MIXED UP AND LAWYERS ARE HAVING A GREAT
DAY
LAW NO .16
LOCAL REGISTRATION
Local Registration
1. CMO registration in UP/Registration
under Nursing Home Act
2. Nursing Home Registration as per CEA
HI-TECH Investment
in this era new technology are coming
everyday, so doctors has to invest a lot.
Treatment than become costly, which is not
acceptable, so there is dissatisfaction
increasing.
NO EASY LOANS FOR MEDICAL EQUIPMENTS
INTREST RATES ON EQUIPMENT LOANS
NEARING 13-14 %....MAKES IT VERY COSTLY
LET’S NOW COME TO SPECIFIC
LAWS FOR WOMEN CARE
SPECIFIC TO THE TREATMENT AND
SERVICE WHICH WE PROVIDE
Law and medical practice does it prevent us from serving
INDIA HAS THE MOST LIBERAL MTP
LAW BUT A VERY DIFFICULT LAW TO
REGISTER CENTRES AND DOCTORS
CENTRES SHOULD BE IN PLACES WHERE THERE IS REAL
NEED (VILLAGES & REMOTE AREAS)
BECAUSE OF THE STRICT LAW NO RECOGNISED CENTRES AT
VILLAGE LEVEL
HENCE ILLEGAL ABORTIONS STILL RAMPANT ??
SOLUTION: LIBERALISE REGISTRATION AND LET
PROFFESSIONAL BODIES DECIDE…
FOGSI
JUST LIKE RCOG AND RCPI SHOULD RUN AND CONTROL
HOW PRACTISE SHOULD BE DONE
Indication for MTP
(a) Danger to life of the pregnant woman.
(b) Grave injury to the physical & mental health of
the pregnant woman.
(c) Pregnancy caused by rape.
(d) Substantial risk that if the child was born, it would
suffer from such physical or mental abnormalities
as to be seriously handicapped.
(e) Failure of any contraceptive device or method.
Registration under MTP Act
Registration of Place
Registration of Doctors
Registration of Place
(a) A hospital established or
maintained by Government,
or
(b) A private set up
Private set up
A place for the time being approved for the purpose of
this Act by
Government or a District Level Committee
constituted by that Government with the Chief Medical
Officer or District Health Officer as the Chairperson of
the said Committee:
Provided that the District Level Committee shall
consist of not less than three and not more than five
members including the Chairperson, as the Government
may specify from time to time.
Composition and tenure of District
level Committee
(1) Chief Medical Officer…Chairman
(2) Gynaecologist/ Surgeon/ Anaesthetist
(3) Member of local medical profession,
(4) Non-governmental organization,
(5) and Panchayati Raj Institution of the District.
Provided that one of the members of the Committee
shall be a woman.
Tenure of the Committee shall be for two calendar years and
the tenure of the non-government members shall not be
more than two terms.
Requirement for Registration of Doctors
(c) MTP Training: if he has assisted a registered medical practitioner in the
performance of twenty-five cases of medical termination of pregnancy of which
at least five have been performed independently, in a hospital established or
maintained or a training institute approved for this purpose by the government.
(i) This training would enable the Registered Medical Practitioner (RMP) to do
only 1st Trimester terminations (up to 12 weeks of gestation).
(ii) For terminations up to twenty weeks the experience or training as
prescribed under sub rules (a), (b) and (d) shall apply .
(d) In case of a medical practitioner who has been registered in a State
Medical Register and who holds a post-graduate degree or diploma in
gynaecology and obstetrics, the experience or training gained during the
course of such degree or diploma.
Consent Form for MTP by MMA
Consent Form for MTP by MMA
I have been explained about the process of medical method of abortion, which is a method to
terminate a pregnancy using a combination of two medicines. I understand that I will be required to take
the prescribed doses of mifepristone on Day 1, followed by misoprostol on Day 3. I also understand that
I will be required to come to the clinic for a follow-up visit on Day 15 to confirm the completion of
procedure.
I understand that many women experience some side effects with medical method of abortion
such as nausea, vomiting, diarrhea, abdominal pain, cramping and bleeding. The bleeding may be
heavier than I usually experience during my menstruation.
My doctor/counselor has also explained that there are chances that the method may fail to
terminate the pregnancy. In such a situation, it will be necessary for me to undergo a surgical abortion to
complete the process. If I experience any symptoms identified by my doctor as danger signs, or if I have
any concerns about the procedure during the course of the 15 days, I may call my doctor.
I _____________ daughter/wife of _____________ aged about __________ years, residing
at _______________________________________________________________________
do hereby give my consent to the termination of my pregnancy at______________________
_________________________________________________________________________________
Place :
Date :
Signature
I________________ son/daughter/wife of ________________ aged about __________ years,
residing at__________________________________________________________________________
do hereby give my consent to the termination of the pregnancy of my ward_____ __________ who is a
minor/lunatic at ______________________________
Place :
Date : Signature
GOVT WANTS TO OVER LIBERALISE
MTP
• NON MBBS DOCTORS
• ALTERNATE MEDICINE SPECIALISTS
• NURSES
• MIDWIVES
FIRSTLY SHOULD WE ALLOWS THIS AND IF WE ALLOW
BEFORE WE ALLOW ALL THIS TO HAPPEN THE TRAINING AND
ACCREDITATION AND PROPER MONITORING SYSTEM SHOULD BE IN PLACE
WHICH IS NOT CORRUPT.
WE CANNOT LET THE LIVES OF WOMEN BE IN THE HANDS OF UNTRAINED
PERSONNELS WHO WILL CAUSE MORE DAMAGE .
PUT THE RIGHT PEOPLE IN THE RIGHT PLACE
PUT DOCTORS (SENIOR) IN VILLAGES FOR A YEAR BEFORE THEIR
PROMOTIONS…………THINGS WILL CHANGE AND LESSER WOMEN WILL DIE
PUTTING FRESH INTERNS WITHOUT SENIOR SUPERVISION IS A DISASTOR
Tubal Ligation
Tubal Ligation
Empanelment of doctor/health center is
now compulsory.
The FP indeminity scheme is applicable
only if doctor/health center is empanelled
(Registration with appropriate authority).
Eligibility criteria for performing
sterilizations
Qualification requirements for service
providers
Female sterilization by minilap tubectomy
should be performed by
a trained MBBS/
post graduate doctor.
Eligibility criteria for performing
sterilizations
Laparoscopic sterilization for females
should be performed by
a gynaecologist with DGO/MD/MS
qualification a surgeon with an MS degree;
(these doctors should be trained in
laparoscopic sterilization.)
Eligibility criteria for performing
sterilizations
The male sterilization procedures, both
conventional vasectomy and no-scalpel
vasectomy (NSV), should be performed by
a trained MBBS doctor/
a post graduate doctor.
Eligibility criteria for performing
sterilizations
Empanelment of doctors for performing
sterilization
Approved panel of doctors: Each state will
prepare a district-wise list of doctors
(from both government and accredited private
centres/NGOs) who are qualified to
perform sterilization operations as per the
prescribed eligibility criteria.
Eligibility criteria for performing
sterilizations
Only those doctors whose names appear
on the panel will be entitled to carry out
sterilization procedures in the government
and/or government-accredited institutions
and will be covered under indemnity
insurance. The panel will be updated
quarterly.
The Application for the Approval of Private Medical Practitioner / Clinic/Nursing Home /
Maternity Homes for Carrying out Tubal ligation
1. Name of Applicant Doctor :
2. Qualification :
3. Registration No. :
4. Experience in the performance of Tubectomy Operation
5. Address in full
6. Whether has Clinic/Nursing Home/Maternity Hospital
7. State, if the following facilities are available with him/her :
(i) Beds for Gynaecological Cases No.
(ii) Operation Table
(iii) Shadow less Lamp
(iv) Oxygen Cylinder
(v) Apparatus for Resuscitation
(vi) Suction Apparatus
(vii) Instrument sets for carrying out tubectomies.
[Give Name of Instruments & Quantity]
(viii) Autoclave with drums :
(ix) Sterilizer for Instruments :
(x) Necessary equipments & Instruments for instilling anesthesia :
(xi) Separate Operation Room :
(xii) Availability of Drugs for Pre & Post Operative Medication as well as for
Emergencies :
Place...........................
Date............................. Signature of Applicant
FOR DOING THE SIMPLEST OPERATION WE
HAVE TO GO THROUGH THE MOST COMPLEX
REGISTRATION PROCESS
FOR DOING LAPAROSCOPIC HYSTRECTOMY
YOU ARE QUALIFIED WITH AN M.D.DEGREE
AND MCI REGISTRATION BUT FOR T.L. YOU
NEED REGISTRATION SPECIAL
PREVENTS THE FAMILY WELFARE AND
PLANNING OF INDIA
PREVENTS US FROM SERVING BETTER
PC PNDT ACT
today the most
talked,discussed
and objected to
LAW and ACT
almost a draconian LAW
WHY this Act
"An Act to provide for the prohibition of sex
selection, before or after conception,
and
for regulation of pre-natal diagnostic techniques for the
purposes of detecting genetic abnormalities or metabolic
disorders or chromosomal abnormalities or certain
congenital malformations or sex-linked disorders
and
for the prevention of their misuse for sex
determination leading to female feticide and for
matters connected therewith or incidental thereto.”.
THE PRE-NATAL DIAGNOSTIC
TECHNIQUES
REGULATION (PNDT)
AND PREVENTION OF MISUSE)
RULES, was formed in 1994
In 1996, It was called as
PCPNDT
THE PRE-CONCEPTION & PRE-
NATAL DIAGNOSTIC
TECHNIQUES (TPROHIBITION
OF SEX SELECTION) RULES,
1996
Pre-natal diagnostic techniques
Pre-natal diagnostic techniques include
(A) Pre-natal diagnostic procedures
and
(B) Pre-natal diagnostic tests
(A) Pre-natal diagnostic procedures
(A) Pre-natal diagnostic procedures means
All gynecological or obstetrical or medical
procedures such as:
* Ultrasonography
* Foetoscopy
* Taking or removing samples of
-amniotic fluid, -chorionic villi
-blood, -any tissue, -fluid
of a man or a woman before or after conception
(B) Pre-natal diagnostic tests
(B) Pre-natal diagnostic tests means
* Ultrasonography
* Foetoscopy
* Test or analysis of
-amniotic fluid, -chorionic villi
-blood, -any tissue, -fluid
of any pregnant woman or conceptus conduced to detect:
-genetic disorder, -metabolic disorder,
-chromosomal abnormalities, -congenital anomalies,
-haemoglobinopathies, - sex-linked diseases
( C) Sex selection
( C) Sex selection includes:
* Technique
* Procedure
* Test
* Administration
* Prescription
* Provision
of anything for the purpose of ensuring or
increasing the probability that an embryo will
be of a perticular sex.
Under this Act there is provision of
Registration in 3 category as under:
1. Genetic Counselling Centre GCC
2. Genetic Laboratory GL
3. Genetic Clinic / Ultrasound Clinic
/ Imaging Centre
Genetic Counselling Centre
means
• An institute
• Hospital
• Nursing home
• Any place
by whatever name called which provides
genetic counseling to patients.
Genetic Laboratory
means
• a laboratory; and
• includes a place
where facilities are provided for conducting
analysis or tests of samples received from
Genetic Clinic for pre-natal diagnostic test.
Genetic Clinic
means
• A clinic
• Institute
• Hospital
• Nursing home
• Any place
by whatever name called which is used for
conducting pre-natal diagnostic procedures.
DUTIES OF REGISTERED CENTRE
1 Should not involve in fetal sex detection
2. Should keep copy of Bare act of PC-PNDT
3. Should display Board in local language also
4. Copy of Form D/E/F / Summary of these Forms
must be submitted by 5th of every month in the
office of appropriate authority.
17.Public Information.-
(1 ) Every Genetic Counselling Centre,
Genetic Laboratory and Genetic Clinic shall
prominently display on its premises a notice in
English and in the local language or languages
for the information of the public, to effect that
disclosure of the sex of the foetus is
prohibited under law.
17.Public Information.-
(2) At least one copy each of the bare Act and
these rules shall be available on the premises
of every Genetic Counselling Centre, Genetic
Laboratory and Genetic Clinic, and shall be
made available to the clientele on demand for
perusal.
17.Public Information.-
• (3) The Appropriate Authority, the Central
Government, the State Government, and the
Government/Administration of the Union
Territory may publish periodically lists of
registered Genetic Counselling Centres, Genetic
Laboratories and Genetic Clinics and findings
from the reports and other information in their
possession, for the information of the public
and for use by the experts in the field.
18 Code of Conduct
*Wear NAME TAG yourself and every employee
working at the US Clinic. Write full name and
designation under signatures.
(Rule18-viii & ix)
*Should not indulge in SEX DETERMINATION &
FEMALE FETICIDE and do not commit any other
act of professional misconduct.
(Rule18-x & xi
19 Appeal
Appeal against charge sheet can be filed to
DAC / SAC within 30 days and decision has
to be taken within 90 days
(Rule19-1-3).
9 Maintenance and preservation of records.-
after amendment on 14.2.2003
(1) Every Genetic Counseling Centre, Genetic Laboratory, Genetic
Clinic, Ultrasound Clinic and Imaging Centers shall maintain a
register showing, in serial order, the names and
addresses of the men or women given genetic
counseling, subjected to pre-natal diagnostic procedures
or pre-natal diagnostic tests, the names of their spouse
or father and the date on which they first reported for
such counseling, procedure or test.
(2) The record to be maintained by every Genetic Counseling Centre,
in respect of each woman counseled shall be as specified in Form D.
3) The record to be maintained by every Genetic Laboratory,
in respect of each woman subjected to any pre-natal
diagnostic test, shall be as specified in Form E.
9 Maintenance and preservation of records.-
---------continue
(4) The record to be maintained by every Genetic Clinic,
in respect of each man or woman subjected to any pre-
natal diagnostic procedure/technique/test, shall be as
specified in Form F.
(5) The Appropriate Authority shall maintain a
permanent record of applications for grant or renewal of
certificate of registration as specified in Form H. Letters
of intimation of every change of employee, place,
address and equipment installed shall also be preserved
as permanent records.
9 Maintenance and preservation of records.-
---------continue
(6) All case related records, forms of consent, laboratory results,
microscopic pictures, sonographic plates or slides,
recommendations and letters shall be preserved by the Genetic
Counselling Centre, Genetic Laboratory or Genetic Clinic for a
period of two years from the date of completion of counseling,
pre-natal diagnostic procedure or pre-natal diagnostic test, as the
case may be. In the event of any legal proceedings, the records
shall be preserved till the final disposal of legal proceedings, or till
the expiry of the said period of two years, whichever is later.
(7) In case the Genetic Counselling Centre or Genetic Laboratory
or Genetic Clinic maintains records on computer or other
electronic equipment, a printed copy of the record shall be taken
and preserved after authentication by a person responsible for
such record.
9 Maintenance and preservation of records.-
---------continue
"(8) Every Genetic Counseling Centre, Genetic
Laboratory, Genetic Clinic, Ultrasound Clinic and
Imaging Centres shall send a complete report in
respect of all pre-conception or pregnancy related
procedures/ techniques/tests conducted by them
in respect of each month by 5th day of the
following month to the concerned Appropriate
Authority."
Offences and penalties.-
(1) Any medical geneticist, gynaecologist, registered
medical practitioner or any person who owns a Genetic
Counselling Centre, a Genetic Laboratory or a Genetic
Clinic or is employed in such a Centre, Laboratory or
Clinic and renders his professional or technical services
to or at such a Centre, Laboratory or Clinic, whether on
an honorary basis or otherwise, and who contravenes
any of the provisions of this Act or rules made there
under shall be punishable with imprisonment for a
term which may extend to three years and with fine
which may extend to ten thousand rupees and on any
subsequent conviction, with imprisonment which may
extend to five years and with fine which may extend to
fifty thousand rupees.
Offences and penalties.-
• 2) The name of the registered medical
practitioner shall be reported by the
Appropriate Authority to the State Medical
Council concerned for taking necessary action
including suspension of the registration if the
charges are framed by the court and till the case
is disposed of and on conviction for removal of
his name from the register of the Council for a
period of five years for the first offence and
permanently for the subsequent offence.
PCPNDT LAW HAS FAILED
• BECAUSE OF MANY MANY REASONS
• THE ETHOS WAS TO STOP SEX SELECTION
AND TERMINATION
• WHAT HAPPENED WAS SEALING BY “BABUS”
AND ADMINISTRATIVE STAFF ON a –b –c –d
OF THE LAW….SO CONVICTIONS ARE
OCCURING ON BASIS OF small silly reasons
..like name plates, like not having thee book,
like not signing properly etc etc………
SEALING AND CONVICTIONS WILL
NEVER STOP THE EVIL OF SEX
DETERMINATION AND SELECTIVE
TERMINATION
THIS WILL ONLY STOP THE HONEST GOOD
PRACTISIONERS TO GIVE UP THIS
WONDERFUL MACHINE AND HENCE THE
SERVICE TO WOMEN WILL BE WORST HIT
WE ALL URGENTLY NEED TO ASK
THE GOVT TO REVIEW THIS LAW
GOOD NEWS IS
REVIEW COMMITTEE HAS BEEN SET UP 2 WEEKS BACK AND TO
GIVE REPORT IN 6 WEEKS….SO LETS WAIT FOR 4 MORE WEEKS
OUR PRESIDENT AND THE PRESIDENTS BEFORE HAVE ALL
PUSHED VERY STRONGLY ON THIS LAW
WE NEED TO TARGET THE PARLIAMENT ON THIS
SOME THING GOOD SHOULD COME OUT
I AM HOPEFUL
ART and the Law
• India initially was not anywhere on
the reproductive tourism list.
• But of late more and more couples are
seeking fertility services in various parts of
India.
• We have tried to understand its impact on
the country, fertility practice, on the patients
and general population
ART has raised many questions?
• Are we happy with the situation of ART in our
country ?
What changes would you like to see in the
ART management in our country?
Mushrooming of IVF centres all over the country,least
we can do is set some basic guidelines and licensing.
The ART regulation bill has been put
on the web site for your comments
AGAIN A LAW WHICH WAS PROPOSED TO REGULATE THE ART PRACTISE IN INDIA IS
FORMULATED IN SUCH A WAY AS IF THE ART SPECIALIST IS A CRIMINAL
ALSO EACH AND EVERY GYNAEC DOING SIMPLE IUI HAS COME UNDER THIS LAW
MORE EXPENSE ON REGISTRATION
MORE HARRESMENT BY UNTRAINED BABUS AND INSPECTORS
MORE USELESS PAPER WORK
AND MORE DOCTORS WILL GO TO JAIL JUST FOR NOT FILLING PROPER FORMS
A RIDICULOUS FORMULATED LAW
WE STONGLY OBJECT TO THIS AND I PERSONALLY
REQUEST ALL OF YOU TO SIGN THE PETITION ON
THE IMA WEB SITE SAYING YOU DO NOT AGREE
WITH THE PROPOSED ART BILL
Law and medical practice does it prevent us from serving
Law and medical practice does it prevent us from serving
Law and medical practice does it prevent us from serving
Law and medical practice does it prevent us from serving
Law and medical practice does it prevent us from serving
Across the border laws
Laws all over the world are
different, even different states in
US have different laws,.
Difficult to keep track
Till the demand is there,
providers are available
Lets not forget the safe waters
for abortions and cloning
Law and medical practice does it prevent us from serving
MANY MANY MORE LAWS WILL
COME LADIES AND GENTLEMEN
WAKE UP AND OBJECT ASK YOUR
M.P FROM YOUR CITY TO RAISE
YOUR VOICE IN THE PARLIAMENT!
ONCE A LAW IS PASSED IN PARLIAMENT AND GAZETTED THEN WE
HAVE NO CHOICE BUT TO FOLLOW
SO TILL WE CAN FORCE AND URGE THE PARILAMENT OR THE
SUPREME COURT TO CHANGE THESE LAWS WE NEED TO FOLLOW
THEM BECOS THE PUNISHMENT IS HARSH
THIS IS UNFAIR AND HAS LED TO MANYOF US GIVING UP LIFE
SAVING PRACTISE OF ULTRASOUND ,MTP,OPENING SMALL
HOSPITALS ETC ETC
THIS ALL PREVENTS US TO SERVE
LAWS ARE MADE BY LAW MAKERS
• LAWS ARE MADE TO CHECK EXPLOITATION
• CHECK ABUSE
• CHECK COSTS
• CHECK UNETHICAL WORKS
• PUT CHECKS ON WRONG DOINGS
• WHENEVER LAWS ARE MADE PUNISHMENTS
ARE ADDED TO DETER PEOPLE FROM
BREAKING THE LAW
IF LAWS ARE NOT THERE
• TOTAL CHAOS
• EVERY ONE WILL DO WHAT THEY FEEL LIKE
• THERE WILL BE COSTS,EXPLOITATION,WRONG
DOINGS ETC ETC
LAWS ARE NEEDED
• BUT IT SHOULD BE UNDERSTOOD THAT DOCTORS
ARE HEALING SPECIALISTS
• NEED TO ACT FAST SOMETIMES
• NEED TO DO LIFE SAVING PROCEDURES
SOMETIMES WITHOUT CONSENTS ETC
• IF THE LAW FINDS DOCTORS GUILTY FOR SMALL
PROCEDURAL LACUNAE AND PAPER WORK THEN
DEFINITELY YES LAW WILL PREVENT US FROM
SERVING THE WOMEN….AS IT IS HAPPENING IN
MANY SITUATIONS TODAY
CONGRATULATE FOGSI FOR
ORGANISING THIS BOLD EVENT TO
DISCUSS ISSUES WHICH AFFECT
OUR PRACTISE TODAY
THANK YOU FOR ASKING ME TO
PRESENT SOME OF MY VIEWS
S

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Law and medical practice does it prevent us from serving

  • 1. narendra malhotra M.D., F.I.C.O.G., F.I.C.M.C.H.,F.R.C.O.G.(hon causa)F.I.C.S. • Prof.Dubrovnik International univ • FOGSI rep to FIGO • Member FIGO good practise guidelines committee • President FOGSI (2008) • Dean of I.C.M.U. (2008) • Director Ian Donald School of Ultrasound • National Tech. Advisor for FOGSI-G.O.I.—Mc Arthur Foundation EOC Course • Practicing Obstetrician Gynecologist at Agra. Special Interest in High Risk Obs., Ultrasound, Laparoscopy and Infertility, ART & Genetics • Member and Fellow of many Indian and international organisations • FOGSI Imaging Science Chairman (1996-2000) • Awarded best paper and best poster at FOGSI : 5 times, Ethicon fellowship, AOFOG young gyn. award, Corion award, Man of the year award, Best Citizens of India award • Over 30 published and 100 presented papers • Over 50 guest lectures given in India & Abroad.Presented 10 orations. • Organised many workshops, training programmes, travel seminars and conferences • Editor 8 books, many chapters, on editorial board of many journals • Editor of series of STEP by STEP books • Revising editor for Jeatcoate’s Textbook of Gynaecology (2007)(2014) • Very active Sports man, Rotarian and Social worker MNMH,AGRA GLOBAL RAINBOW HEALTH CARE,AGRA RAINBOW IVF www.rainbowhospitals.org mnmhagra3@gmail.com
  • 2. Does law actually prevent us to serve ? Narendra Malhotra R N Goel Jaideep Malhotra www.mnmhagra3@gmail.com
  • 4. We need to understand what is LAW ? Why are LAWS made and for whom ?
  • 6. PMT COMPTETION law of reservations ! Do we need this and is this preventing good students to NOT opt for MEDICINE as a career ! PG ENTERANCE COMPETITION START MATERNITY AND NURSING HOMES To START SERVE WOMEN That is the AIM of most of the DOCTORS or MEDICAL students
  • 7. ON SERVICES TO WOMEN ON HUMANITARIAN GROUND GOVERNMENT AND PUBLIC ALL EXPECTS CHARITY FROM DOCTORS WE ALL WANT TO SERVE WOMEN HEALTH SAFE PREGNANCY SAFE DELIVERY FAMILY PLANNING CANCER SCREENING
  • 8. SO WE ALL WANT RELAXED LAWS? DOCTORS WANT LAWS TO BE RELAXED SPECIALLY FOR THEM ? WHY ? BECOS WE WANT TO SERVE ? SO LETS FIRST PONDER WHY LAWS ARE BEING MADE ? LAWS ARE MADE BECAUSE WE /SOME OF US PRACTISE BEYOND THE LINES OF ETHICS SO WE DO NEED SOME LAWS TO REGULATE PRACTISE SO THAT THERE IS NO MALPRACTISE AND ABUSE
  • 10. LAW NO 1. Maternity & Nursing Home are commercial activity as per Government. For start of many commercial activity many facility like relaxation of taxes etc for first few years. (specially for export/import etc) But for starting of Maternity & Nursing home no relaxation of any type. This hampers our desire to serve women…….and we would definitely like this type of LAW to be simplified…. YES THIS LAW DOES ACTUALLY PREVENT US TO SERVE WOMEN !
  • 11. MANY OTHER COMMERCIAL TAXES • Commercial water and electricity taxes • Nagar nigam taxes:capital cost/house tax • Clinical establishment act • Nursing homes and hospitals not allowed in the residential areas • Annual registration with the CMO • Pollution and generators • Sales tax if the sale of medicines is over 3 lacs • Labour deptt • Fire deptt • Biomedical waste MANY SUCH LAWS WHICH ARE GOOD LAWS BUT THE IMPLIMENTATION AND THE ADMINISTRRATIVE HURDLE IS SO MUCH AND THE “BABU” CORRUPTION IS SO MUCH THAT THIS PREVENTS US DOCTORS TO DO ALL THE SERVICE WHICH WE WANT TO DO.
  • 12. LAW 2. MCI Registration Registration under MCI Act Graduation Registration P G Registration REGISTRATION SHOULD BE SIMPLIFIED ALL OF US HAVE TO GO PHYSICALLY TO GET THESE REGISTRATION AND WE HAVE TO GO PHYSICALLY EVEN TO GET A ‘GOOD STANDING’ CERTIFICATE OR FOR JUST CHANGING OUR CITY AND GETTING REGISTRATION IN AND OF ALL THE STATES…this is very cumbursome,time consuming and actually just not required SOLUTION: ONE SINGLE REGISTRATION IN M.C.I. REGISTER SHOULD LET YOU PRACTISE AND SERVE WOMEN ANYWHERE IN INDIA
  • 13. MCI Registration I.M.R Procedure for Getting IMR CertificateThe following are requirements for obtaining IMR Certificate 1. A hand written/typed application addressed to the Secretary, Medical Council of India, New Delhi, requesting for getting IMR Certificate. 2. An attested Xerox copy of registration with Medical Council of India or with any State Medical Council 3. A demand draft of Rs.100/- in favour of Secretary, Medical Council of India payable at New Delhi at any Bank.
  • 15. LAW NO 3. Sale Tax/Vat Registration for Medicine shop ITS NOW MANDATORY TO HAVE MEDICINE OUTLETS IN YOUR NURSING HOME • If your annual sale of medicine is above 5 lac If owner of medical shop is other than doctor and/or dispensing medicine on prescription of other doctor than they have to take DRUG LICENSE. Both process are with sales tax offices and a lot of corrupt lower staff is a big problem every year.
  • 16. LAW NO.4 Registration under BMW GOOD LAWS BUT CORRUPTION AND NON UNIFORM IMPLIMENTATION • Registration under BMW act by Pollution Control Board • Registration with CBWTF (Common Bio Waste Treatment Facility)
  • 19. SCHEDULE III (see Rule 6) LABEL FOR BIO-MEDICAL WASTE CONTAINERS/BAGS BIOHAZARD CYTOTOXIC
  • 20. Important Precautions Never transfer sharps directly from person to person Never recap the needles Never overload bins used for storing Bio Medical WasteDo not inhale chemicals directly. Use always mask.
  • 21. Keep away sharps medicines from children Never transfer sharp directly Always incinerate human anatomical waste.
  • 22. General waste to be put in black container. Display the Bio-Hazardous Symbol and the types of waste to be put in each container as per Schedule-II
  • 23. LAW NO 5. Registration for Water & Air Pollution Disposal of Radioactive substances
  • 25. LAW N0.7 LABOUR ACT • Minimum Wedges act is applicable for staff of hospital
  • 26. LAW NO.8 ESI ACT • Nursing Home employee are entitled under ESI act.
  • 27. LAW NO 9. Provident Fund Act • If employee are more than 7 than they are covered as per Provident Fund
  • 28. LAW no 10. Fire Department Clinic and single story nursing homes requirement are: 1. Emergency Exit 2. Fire Extuingsher Multy story Hospital with/without basement has to have 1. Emergency Exit 2. NOC as per act
  • 29. LAW no 11 Nagar Nigam Ceiling Nursing Homes are not allowed in Residential areas. on the other hand nursing homes services are needed in the vicinity of residential areas only If a lady have labor pain than she will go to maternity home near to her residence. If she has to go to maternity home in commercial area than who will be responsible for delivery on the way.
  • 30. LAW no 12 Commercial PROPERTY TAX Doctors chambers, Day care center and small nursing homes has to pay Commercial Property Tax nearly equal to Hotels. Why the Government and public expect charity from doctors……… Prevents us to serve women >>>>YES
  • 31. LAW no 13 Commercial Water Water supplied to health care centers are charge on commercial rates ALL ADDING TO THE INCREASE IN COSTS OF SERVICE PROVIDED TO THE PATIENTS, MAKING TREATMENT MORE AND MORE EXPENSIVE
  • 32. LAW NO 14 Commercial Electricity As per Power Department there are follwing category: LMV I Residential LMV II Commercial LMV IVb Nursing homes are kept in this category whose rates are more than LMV II
  • 33. LAW NO .15 Consumer Protection Act Due to high tech investment cost of treatment has increased very high. Due to un affordability they can not go to higher center, but expect same result of higher center at low cost treatment facility. Cases are increasing day by day and very high compensation judgments are coming. DEFINITION OF NEGLIGENCE AND MISTAKES AND KNOWN TREATMENT COMPLICATIONS ARE MIXED UP AND LAWYERS ARE HAVING A GREAT DAY
  • 34. LAW NO .16 LOCAL REGISTRATION Local Registration 1. CMO registration in UP/Registration under Nursing Home Act 2. Nursing Home Registration as per CEA
  • 35. HI-TECH Investment in this era new technology are coming everyday, so doctors has to invest a lot. Treatment than become costly, which is not acceptable, so there is dissatisfaction increasing. NO EASY LOANS FOR MEDICAL EQUIPMENTS INTREST RATES ON EQUIPMENT LOANS NEARING 13-14 %....MAKES IT VERY COSTLY
  • 36. LET’S NOW COME TO SPECIFIC LAWS FOR WOMEN CARE SPECIFIC TO THE TREATMENT AND SERVICE WHICH WE PROVIDE
  • 38. INDIA HAS THE MOST LIBERAL MTP LAW BUT A VERY DIFFICULT LAW TO REGISTER CENTRES AND DOCTORS CENTRES SHOULD BE IN PLACES WHERE THERE IS REAL NEED (VILLAGES & REMOTE AREAS) BECAUSE OF THE STRICT LAW NO RECOGNISED CENTRES AT VILLAGE LEVEL HENCE ILLEGAL ABORTIONS STILL RAMPANT ?? SOLUTION: LIBERALISE REGISTRATION AND LET PROFFESSIONAL BODIES DECIDE… FOGSI JUST LIKE RCOG AND RCPI SHOULD RUN AND CONTROL HOW PRACTISE SHOULD BE DONE
  • 39. Indication for MTP (a) Danger to life of the pregnant woman. (b) Grave injury to the physical & mental health of the pregnant woman. (c) Pregnancy caused by rape. (d) Substantial risk that if the child was born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. (e) Failure of any contraceptive device or method.
  • 40. Registration under MTP Act Registration of Place Registration of Doctors
  • 41. Registration of Place (a) A hospital established or maintained by Government, or (b) A private set up
  • 42. Private set up A place for the time being approved for the purpose of this Act by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee: Provided that the District Level Committee shall consist of not less than three and not more than five members including the Chairperson, as the Government may specify from time to time.
  • 43. Composition and tenure of District level Committee (1) Chief Medical Officer…Chairman (2) Gynaecologist/ Surgeon/ Anaesthetist (3) Member of local medical profession, (4) Non-governmental organization, (5) and Panchayati Raj Institution of the District. Provided that one of the members of the Committee shall be a woman. Tenure of the Committee shall be for two calendar years and the tenure of the non-government members shall not be more than two terms.
  • 44. Requirement for Registration of Doctors (c) MTP Training: if he has assisted a registered medical practitioner in the performance of twenty-five cases of medical termination of pregnancy of which at least five have been performed independently, in a hospital established or maintained or a training institute approved for this purpose by the government. (i) This training would enable the Registered Medical Practitioner (RMP) to do only 1st Trimester terminations (up to 12 weeks of gestation). (ii) For terminations up to twenty weeks the experience or training as prescribed under sub rules (a), (b) and (d) shall apply . (d) In case of a medical practitioner who has been registered in a State Medical Register and who holds a post-graduate degree or diploma in gynaecology and obstetrics, the experience or training gained during the course of such degree or diploma.
  • 45. Consent Form for MTP by MMA
  • 46. Consent Form for MTP by MMA I have been explained about the process of medical method of abortion, which is a method to terminate a pregnancy using a combination of two medicines. I understand that I will be required to take the prescribed doses of mifepristone on Day 1, followed by misoprostol on Day 3. I also understand that I will be required to come to the clinic for a follow-up visit on Day 15 to confirm the completion of procedure. I understand that many women experience some side effects with medical method of abortion such as nausea, vomiting, diarrhea, abdominal pain, cramping and bleeding. The bleeding may be heavier than I usually experience during my menstruation. My doctor/counselor has also explained that there are chances that the method may fail to terminate the pregnancy. In such a situation, it will be necessary for me to undergo a surgical abortion to complete the process. If I experience any symptoms identified by my doctor as danger signs, or if I have any concerns about the procedure during the course of the 15 days, I may call my doctor. I _____________ daughter/wife of _____________ aged about __________ years, residing at _______________________________________________________________________ do hereby give my consent to the termination of my pregnancy at______________________ _________________________________________________________________________________ Place : Date : Signature I________________ son/daughter/wife of ________________ aged about __________ years, residing at__________________________________________________________________________ do hereby give my consent to the termination of the pregnancy of my ward_____ __________ who is a minor/lunatic at ______________________________ Place : Date : Signature
  • 47. GOVT WANTS TO OVER LIBERALISE MTP • NON MBBS DOCTORS • ALTERNATE MEDICINE SPECIALISTS • NURSES • MIDWIVES FIRSTLY SHOULD WE ALLOWS THIS AND IF WE ALLOW BEFORE WE ALLOW ALL THIS TO HAPPEN THE TRAINING AND ACCREDITATION AND PROPER MONITORING SYSTEM SHOULD BE IN PLACE WHICH IS NOT CORRUPT. WE CANNOT LET THE LIVES OF WOMEN BE IN THE HANDS OF UNTRAINED PERSONNELS WHO WILL CAUSE MORE DAMAGE . PUT THE RIGHT PEOPLE IN THE RIGHT PLACE PUT DOCTORS (SENIOR) IN VILLAGES FOR A YEAR BEFORE THEIR PROMOTIONS…………THINGS WILL CHANGE AND LESSER WOMEN WILL DIE PUTTING FRESH INTERNS WITHOUT SENIOR SUPERVISION IS A DISASTOR
  • 49. Tubal Ligation Empanelment of doctor/health center is now compulsory. The FP indeminity scheme is applicable only if doctor/health center is empanelled (Registration with appropriate authority).
  • 50. Eligibility criteria for performing sterilizations Qualification requirements for service providers Female sterilization by minilap tubectomy should be performed by a trained MBBS/ post graduate doctor.
  • 51. Eligibility criteria for performing sterilizations Laparoscopic sterilization for females should be performed by a gynaecologist with DGO/MD/MS qualification a surgeon with an MS degree; (these doctors should be trained in laparoscopic sterilization.)
  • 52. Eligibility criteria for performing sterilizations The male sterilization procedures, both conventional vasectomy and no-scalpel vasectomy (NSV), should be performed by a trained MBBS doctor/ a post graduate doctor.
  • 53. Eligibility criteria for performing sterilizations Empanelment of doctors for performing sterilization Approved panel of doctors: Each state will prepare a district-wise list of doctors (from both government and accredited private centres/NGOs) who are qualified to perform sterilization operations as per the prescribed eligibility criteria.
  • 54. Eligibility criteria for performing sterilizations Only those doctors whose names appear on the panel will be entitled to carry out sterilization procedures in the government and/or government-accredited institutions and will be covered under indemnity insurance. The panel will be updated quarterly.
  • 55. The Application for the Approval of Private Medical Practitioner / Clinic/Nursing Home / Maternity Homes for Carrying out Tubal ligation 1. Name of Applicant Doctor : 2. Qualification : 3. Registration No. : 4. Experience in the performance of Tubectomy Operation 5. Address in full 6. Whether has Clinic/Nursing Home/Maternity Hospital 7. State, if the following facilities are available with him/her : (i) Beds for Gynaecological Cases No. (ii) Operation Table (iii) Shadow less Lamp (iv) Oxygen Cylinder (v) Apparatus for Resuscitation (vi) Suction Apparatus (vii) Instrument sets for carrying out tubectomies. [Give Name of Instruments & Quantity] (viii) Autoclave with drums : (ix) Sterilizer for Instruments : (x) Necessary equipments & Instruments for instilling anesthesia : (xi) Separate Operation Room : (xii) Availability of Drugs for Pre & Post Operative Medication as well as for Emergencies : Place........................... Date............................. Signature of Applicant
  • 56. FOR DOING THE SIMPLEST OPERATION WE HAVE TO GO THROUGH THE MOST COMPLEX REGISTRATION PROCESS FOR DOING LAPAROSCOPIC HYSTRECTOMY YOU ARE QUALIFIED WITH AN M.D.DEGREE AND MCI REGISTRATION BUT FOR T.L. YOU NEED REGISTRATION SPECIAL PREVENTS THE FAMILY WELFARE AND PLANNING OF INDIA PREVENTS US FROM SERVING BETTER
  • 57. PC PNDT ACT today the most talked,discussed and objected to LAW and ACT almost a draconian LAW
  • 58. WHY this Act "An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female feticide and for matters connected therewith or incidental thereto.”.
  • 59. THE PRE-NATAL DIAGNOSTIC TECHNIQUES REGULATION (PNDT) AND PREVENTION OF MISUSE) RULES, was formed in 1994
  • 60. In 1996, It was called as PCPNDT THE PRE-CONCEPTION & PRE- NATAL DIAGNOSTIC TECHNIQUES (TPROHIBITION OF SEX SELECTION) RULES, 1996
  • 61. Pre-natal diagnostic techniques Pre-natal diagnostic techniques include (A) Pre-natal diagnostic procedures and (B) Pre-natal diagnostic tests
  • 62. (A) Pre-natal diagnostic procedures (A) Pre-natal diagnostic procedures means All gynecological or obstetrical or medical procedures such as: * Ultrasonography * Foetoscopy * Taking or removing samples of -amniotic fluid, -chorionic villi -blood, -any tissue, -fluid of a man or a woman before or after conception
  • 63. (B) Pre-natal diagnostic tests (B) Pre-natal diagnostic tests means * Ultrasonography * Foetoscopy * Test or analysis of -amniotic fluid, -chorionic villi -blood, -any tissue, -fluid of any pregnant woman or conceptus conduced to detect: -genetic disorder, -metabolic disorder, -chromosomal abnormalities, -congenital anomalies, -haemoglobinopathies, - sex-linked diseases
  • 64. ( C) Sex selection ( C) Sex selection includes: * Technique * Procedure * Test * Administration * Prescription * Provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a perticular sex.
  • 65. Under this Act there is provision of Registration in 3 category as under: 1. Genetic Counselling Centre GCC 2. Genetic Laboratory GL 3. Genetic Clinic / Ultrasound Clinic / Imaging Centre
  • 66. Genetic Counselling Centre means • An institute • Hospital • Nursing home • Any place by whatever name called which provides genetic counseling to patients.
  • 67. Genetic Laboratory means • a laboratory; and • includes a place where facilities are provided for conducting analysis or tests of samples received from Genetic Clinic for pre-natal diagnostic test.
  • 68. Genetic Clinic means • A clinic • Institute • Hospital • Nursing home • Any place by whatever name called which is used for conducting pre-natal diagnostic procedures.
  • 69. DUTIES OF REGISTERED CENTRE 1 Should not involve in fetal sex detection 2. Should keep copy of Bare act of PC-PNDT 3. Should display Board in local language also 4. Copy of Form D/E/F / Summary of these Forms must be submitted by 5th of every month in the office of appropriate authority.
  • 70. 17.Public Information.- (1 ) Every Genetic Counselling Centre, Genetic Laboratory and Genetic Clinic shall prominently display on its premises a notice in English and in the local language or languages for the information of the public, to effect that disclosure of the sex of the foetus is prohibited under law.
  • 71. 17.Public Information.- (2) At least one copy each of the bare Act and these rules shall be available on the premises of every Genetic Counselling Centre, Genetic Laboratory and Genetic Clinic, and shall be made available to the clientele on demand for perusal.
  • 72. 17.Public Information.- • (3) The Appropriate Authority, the Central Government, the State Government, and the Government/Administration of the Union Territory may publish periodically lists of registered Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics and findings from the reports and other information in their possession, for the information of the public and for use by the experts in the field.
  • 73. 18 Code of Conduct *Wear NAME TAG yourself and every employee working at the US Clinic. Write full name and designation under signatures. (Rule18-viii & ix) *Should not indulge in SEX DETERMINATION & FEMALE FETICIDE and do not commit any other act of professional misconduct. (Rule18-x & xi
  • 74. 19 Appeal Appeal against charge sheet can be filed to DAC / SAC within 30 days and decision has to be taken within 90 days (Rule19-1-3).
  • 75. 9 Maintenance and preservation of records.- after amendment on 14.2.2003 (1) Every Genetic Counseling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centers shall maintain a register showing, in serial order, the names and addresses of the men or women given genetic counseling, subjected to pre-natal diagnostic procedures or pre-natal diagnostic tests, the names of their spouse or father and the date on which they first reported for such counseling, procedure or test. (2) The record to be maintained by every Genetic Counseling Centre, in respect of each woman counseled shall be as specified in Form D. 3) The record to be maintained by every Genetic Laboratory, in respect of each woman subjected to any pre-natal diagnostic test, shall be as specified in Form E.
  • 76. 9 Maintenance and preservation of records.- ---------continue (4) The record to be maintained by every Genetic Clinic, in respect of each man or woman subjected to any pre- natal diagnostic procedure/technique/test, shall be as specified in Form F. (5) The Appropriate Authority shall maintain a permanent record of applications for grant or renewal of certificate of registration as specified in Form H. Letters of intimation of every change of employee, place, address and equipment installed shall also be preserved as permanent records.
  • 77. 9 Maintenance and preservation of records.- ---------continue (6) All case related records, forms of consent, laboratory results, microscopic pictures, sonographic plates or slides, recommendations and letters shall be preserved by the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic for a period of two years from the date of completion of counseling, pre-natal diagnostic procedure or pre-natal diagnostic test, as the case may be. In the event of any legal proceedings, the records shall be preserved till the final disposal of legal proceedings, or till the expiry of the said period of two years, whichever is later. (7) In case the Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic maintains records on computer or other electronic equipment, a printed copy of the record shall be taken and preserved after authentication by a person responsible for such record.
  • 78. 9 Maintenance and preservation of records.- ---------continue "(8) Every Genetic Counseling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centres shall send a complete report in respect of all pre-conception or pregnancy related procedures/ techniques/tests conducted by them in respect of each month by 5th day of the following month to the concerned Appropriate Authority."
  • 79. Offences and penalties.- (1) Any medical geneticist, gynaecologist, registered medical practitioner or any person who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made there under shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.
  • 80. Offences and penalties.- • 2) The name of the registered medical practitioner shall be reported by the Appropriate Authority to the State Medical Council concerned for taking necessary action including suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the Council for a period of five years for the first offence and permanently for the subsequent offence.
  • 81. PCPNDT LAW HAS FAILED • BECAUSE OF MANY MANY REASONS • THE ETHOS WAS TO STOP SEX SELECTION AND TERMINATION • WHAT HAPPENED WAS SEALING BY “BABUS” AND ADMINISTRATIVE STAFF ON a –b –c –d OF THE LAW….SO CONVICTIONS ARE OCCURING ON BASIS OF small silly reasons ..like name plates, like not having thee book, like not signing properly etc etc………
  • 82. SEALING AND CONVICTIONS WILL NEVER STOP THE EVIL OF SEX DETERMINATION AND SELECTIVE TERMINATION THIS WILL ONLY STOP THE HONEST GOOD PRACTISIONERS TO GIVE UP THIS WONDERFUL MACHINE AND HENCE THE SERVICE TO WOMEN WILL BE WORST HIT
  • 83. WE ALL URGENTLY NEED TO ASK THE GOVT TO REVIEW THIS LAW GOOD NEWS IS REVIEW COMMITTEE HAS BEEN SET UP 2 WEEKS BACK AND TO GIVE REPORT IN 6 WEEKS….SO LETS WAIT FOR 4 MORE WEEKS OUR PRESIDENT AND THE PRESIDENTS BEFORE HAVE ALL PUSHED VERY STRONGLY ON THIS LAW WE NEED TO TARGET THE PARLIAMENT ON THIS SOME THING GOOD SHOULD COME OUT I AM HOPEFUL
  • 84. ART and the Law
  • 85. • India initially was not anywhere on the reproductive tourism list. • But of late more and more couples are seeking fertility services in various parts of India. • We have tried to understand its impact on the country, fertility practice, on the patients and general population
  • 86. ART has raised many questions? • Are we happy with the situation of ART in our country ? What changes would you like to see in the ART management in our country? Mushrooming of IVF centres all over the country,least we can do is set some basic guidelines and licensing.
  • 87. The ART regulation bill has been put on the web site for your comments AGAIN A LAW WHICH WAS PROPOSED TO REGULATE THE ART PRACTISE IN INDIA IS FORMULATED IN SUCH A WAY AS IF THE ART SPECIALIST IS A CRIMINAL ALSO EACH AND EVERY GYNAEC DOING SIMPLE IUI HAS COME UNDER THIS LAW MORE EXPENSE ON REGISTRATION MORE HARRESMENT BY UNTRAINED BABUS AND INSPECTORS MORE USELESS PAPER WORK AND MORE DOCTORS WILL GO TO JAIL JUST FOR NOT FILLING PROPER FORMS A RIDICULOUS FORMULATED LAW WE STONGLY OBJECT TO THIS AND I PERSONALLY REQUEST ALL OF YOU TO SIGN THE PETITION ON THE IMA WEB SITE SAYING YOU DO NOT AGREE WITH THE PROPOSED ART BILL
  • 93. Across the border laws Laws all over the world are different, even different states in US have different laws,. Difficult to keep track Till the demand is there, providers are available Lets not forget the safe waters for abortions and cloning
  • 95. MANY MANY MORE LAWS WILL COME LADIES AND GENTLEMEN WAKE UP AND OBJECT ASK YOUR M.P FROM YOUR CITY TO RAISE YOUR VOICE IN THE PARLIAMENT! ONCE A LAW IS PASSED IN PARLIAMENT AND GAZETTED THEN WE HAVE NO CHOICE BUT TO FOLLOW SO TILL WE CAN FORCE AND URGE THE PARILAMENT OR THE SUPREME COURT TO CHANGE THESE LAWS WE NEED TO FOLLOW THEM BECOS THE PUNISHMENT IS HARSH THIS IS UNFAIR AND HAS LED TO MANYOF US GIVING UP LIFE SAVING PRACTISE OF ULTRASOUND ,MTP,OPENING SMALL HOSPITALS ETC ETC THIS ALL PREVENTS US TO SERVE
  • 96. LAWS ARE MADE BY LAW MAKERS • LAWS ARE MADE TO CHECK EXPLOITATION • CHECK ABUSE • CHECK COSTS • CHECK UNETHICAL WORKS • PUT CHECKS ON WRONG DOINGS • WHENEVER LAWS ARE MADE PUNISHMENTS ARE ADDED TO DETER PEOPLE FROM BREAKING THE LAW
  • 97. IF LAWS ARE NOT THERE • TOTAL CHAOS • EVERY ONE WILL DO WHAT THEY FEEL LIKE • THERE WILL BE COSTS,EXPLOITATION,WRONG DOINGS ETC ETC
  • 98. LAWS ARE NEEDED • BUT IT SHOULD BE UNDERSTOOD THAT DOCTORS ARE HEALING SPECIALISTS • NEED TO ACT FAST SOMETIMES • NEED TO DO LIFE SAVING PROCEDURES SOMETIMES WITHOUT CONSENTS ETC • IF THE LAW FINDS DOCTORS GUILTY FOR SMALL PROCEDURAL LACUNAE AND PAPER WORK THEN DEFINITELY YES LAW WILL PREVENT US FROM SERVING THE WOMEN….AS IT IS HAPPENING IN MANY SITUATIONS TODAY
  • 99. CONGRATULATE FOGSI FOR ORGANISING THIS BOLD EVENT TO DISCUSS ISSUES WHICH AFFECT OUR PRACTISE TODAY THANK YOU FOR ASKING ME TO PRESENT SOME OF MY VIEWS
  • 100. S