IMA SATYAGRAHA DEMANDS and their status:

IMA SATYAGRAHA DEMANDS and their status:

Due to constant relentless fighting of Team IMA under the leadership of Dr.K.K.Aggarwal, National president,IMA, a Committee was constituted under the Chairmanship of Additional Secretary (Health) to examine the issues raised by Indian Medical Association.   Accordingly, three (3) consecutive meetings of all Members of the Committee were held on 8.12.2015, 5.1.2016 and 30.3.2016.  The Committee finalized its report on 30.3.2016.

     Further, to clarify certain issues raised by IMA, a meeting under Chairmanship of AS&MD (NHM) was held on 8.11.2016 and under the Chairmanship of AS (H) on 23.12.2016.

     The issues raised by IMA have been discussed in detail and following decisions were taken:

Demand 1. IMA Demands, central medical protection act and strict implementation of the act by notifying with rules and IPC sections to book cases against hooligans.

Committee accordingly recommends as follows:

(i) Ministry of health & Family welfare shall suggest to all State Governments which do not have a specific legislation to protect doctors/health professionals to consider enacting one. 

(ii) Ministry of Health & Family Welfare shall write to all State Governments to strictly enforce the provisions of special legislation wherever they exists and/or enforce the IPC/Cr.PC provisions with vigor. 

(iii) In addition, the Ministry of Health & Family Welfare shall explore the possibility to initiate the process to bring a Central Act on the said issue in line with those in vogue in other States.

Demand 2. Amendment to PNDT act.

Regarding amendments to PCPNDT ACT, The Committee recommends as follows:

(i) Ministry of Health & Family Welfare will explore the methods of protecting bonafide clerical efforts in record keeping and will examine the proposal of graded punishments under PC&PNDT Act and accordingly will be submitted to Central Supervisory Board (CSB).

(ii)Matter is subjudice, hence dropped. 

(iii)Regarding section 4(3) of the PC&PNDT Act, IMA proposal shall be examined.

Demand 3. Remove the SDE s from the ambit of CE act.

IMA demands, that Single doctors’ establishments should be exempted from the purview of the Clinical Establishment Act and the need for pre-registration inspection may not be there for those clinical establishments which already have entry level NABH accreditation and above.IMA also demands single window’ clearance for registration of the establishments under various acts.

The Committee was informed that in a meeting under the Chairmanship of Dr. Jagdish Prasad, DGHS held on 8.6.2016 the following has been recommended in respect of single doctor clinical establishment.

“It was recommended that single doctor clinical establishments (husband and wife should be taken as one unit / AOE own account entrepreneur) who are providing only consultation services, may be exempted from the purview of Clinical Establishment Act. Single doctor are already covered under the MCI Act and are regulated by the Medical Council of India or State Medical Council.”

The Committee, therefore, recommends that in the exercise of such discretion, in respect of clinical establishments with entry level NABH accreditation need not be insisted upon in each case and the rules may be amended accordingly.

As per section 45 of the CEAct, if any clinical establishment is registered under any other existing law requiring registration such as PC&PNDT, the clinical establishments are also required to apply for registration under the Clinical Establishments Act (CEA). While there can be no exemption from registration under the CEA, it is recommended that concerned Divisions of MoHFW shall explore the possibilities of bringing in legislative changes for single window registration.

Demand 4. Amendment to CE act.

 IMA  raised the demand of deletion of the City Police Commissioner/SSP/SP or his nominee from the District Registering Authority (DRA). IMA also wanted the inclusion of a representative each from the eminent professional associations of modern system of medicines and AYUSH including IMA in DRA.  These demands were discussed and comments were obtained from the relevant stakeholders.

The Committee recommends the suitable amendment in the Central Rules to reconstitute the District Registration Authority so as to delete the provision of membership of City police Commissioner/ SSP/SP or his nominee in the DRA and the inclusion of a representative from the eminent professional associations of modern medicine including IMA as well as AYUSH.

Demand 5. IMA Demands regarding treatment protocols. 

 The Committee recommends that IMA may set up a Committee(IMA Advisory committee) which would periodically suggest changes in the Standard Treatment Guidelines under the Clinical Establishments Act with justification. These suggestions shall be examined by the Central Government in consultation with the other stakeholders viz. State Governments (health being a state subject) and Standard Treatment guidelines would be revised periodically. These guidelines will be advisory in nature.

Demand 6. Amendment to CE act Regarding free stabilization of emergency cases.

 The Committee recommends that under the Clinical Establishment Rules 2012, under clause 9,  VI following may be added for clarification:

In Section 12(2) of the Act the world “to stabilize” means “to provide basic life support measures”

Demand 7. Capping on compensation under CPA act in negligency.

The IMA proposed that a formula mentioned in Rule 122(B) for Drugs and Cosmetics Rules may be used to ascertain the quantum of compensation.

In case of medical negligence, the compensation is decided on the basis of Consumers Protection Act, which is under the Ministry of Consumers Affairs. Hence, any change would be carried out by them. The Committee recommends that the Ministry of Health & Family Welfare shall forward the proposal submitted by IMA as its recommendation to the Ministry of Consumer Affairs for an early action.

Demand 8.  IMA Demands Stop crosspathy.

As far as the existing legal position is concerned, as per IMC Act, only those who are in the IMC/SMC register can prescribe allopathic drugs/medicines. 

Further, as per section 2-C (I) of the Clinical Establishments Act, only clinical establishment of a recognized system of medicines can be registered. This Act also seeks to register and regulate the clinical establishments which have been set up and managed by the qualified professionals only.

So, already two acts are there to stop crosspathy. What we need is strict implementation by the state govts.