The Government of Karnataka on July 24, 2024, issued the Karnataka Medical Registration and Certain Other Law (Amendment) Bill, 2024, to further amend the Karnataka Medical Registration Act, 1961, and the Karnataka Prohibition of Violence Against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 2009.
The following has been stated namely: -
• In the Karnataka Medical Registration Act, 1961,
o after section 3, the new section 3A shall be inserted, “3A.- Process of election. - The process of election of new members to the Council from the respective categories under clause (a), (b) and (c) of sub-section (2) of section 3 shall be completed three months before the completion of the term of the existing members."
o after section 13, the new section 13A shall be inserted, “13A. Prohibition to practice. -(1) No person shall practice/represent himself as a medical practitioner unless he has registered with the Council as per section 13."
• In the Karnataka Prohibition of Violence Against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 200,
o after section 3, the new section 3A shall be inserted, “3A. Prohibition of Intentional insult. - Any intentional insult of medicare service personnel in a medicare service institution is prohibited.”
o Section 4, shall be substituted with “4. Penalty. - (1) Any person who commits any act in contravention of section 3, shall be punished with imprisonment for a period of not less than three years which may extend upto seven years and also with fine which shall not be less than rupees twenty five thousand and not more than rupees two lakhs.
1. Karnataka Medical Registration Act,
1961 (Karnataka Act 34 of 1961):
This act is amended to include provisions for the process of election of new
members to the council, the fixation of time limit for the term of office of
the President or the Vice-President of the council, the time, place and
procedure of meeting of the council, the appointment of the Deputy registrar to
the Council, the mandatory Registration of medical practitioner to the council,
the procedure for conducting inquiries, and other related matters.
2. Karnataka Prohibition of Violence
Against Medicare Service Personnel and Damage to Property in Medicare Service
Institutions Act, 2009 (Karnataka Act 01 of 2009): This act is amended to include provisions for the
prohibition of intentional insult of medicare service personnel, the fixing of
limits for penalty amounts, extending the duration of imprisonment, the
investigation and trial of cases, the power to make rules to carry out the
purposes of the act, and other consequential amendments.
3. Amendment of the Karnataka Act 34 of
1961: This section includes changes to the
Karnataka Medical Registration Act, 1961, such as the substitution of
sub-section (1) of section 26 to empower the State Government to prescribe
rules regarding the electoral list, and the insertion of sub-section (1) of
section 8 to empower the State Government to prescribe rules to carry out the
purposes of the act.
4. Amendment of the Karnataka Act 01 of
2009: This section includes changes to the
Karnataka Prohibition of Violence Against Medicare Service Personnel and Damage
to Property in Medicare Service Institutions Act, 2009, such as the definition
of "Intentional Insult" and the inclusion of "Medicare service
institutions".
5. Financial Memorandum: This section states that there is no extra
expenditure involved in the proposed legislative measure.
6. Delegated Legislation: This section includes provisions for the State
Government to prescribe rules for conducting inquiries and other matters.
7. Penalties for Quackery: This section includes provisions for penalties
for those who falsely pretend to be registered under the act or use any words
or letters representing that they are so registered.
8. Power to Remove Difficulties: This section includes provisions for the State
Government to make orders to remove difficulties in implementing the act.
9. Establishment, Incorporation, and
Constitution of Council: This section
includes provisions for the nomination of council members, with due regard to
the claims of women and other groups of practitioners.
10. Abetment of Offences and Cognisance of
Offence: This section includes provisions for
the punishment of those who abet offences under the act and the investigation
and trial of such cases.
11. Prohibition to Practice: This section includes provisions prohibiting the
practice of medicine by unregistered individuals and the procedure for taking
cognizance of quacks.
12. Prohibition of Intentional Insult: This section includes provisions prohibiting
intentional insults to medicare service personnel and the penalties for such
acts.
13. Publication of List of Practitioners: This section includes provisions for the
publication of a list of registered medical practitioners and the evidence such
a list provides in legal proceedings.
14. Notice of Death: This section includes provisions for the
notification of the death of a registered medical practitioner.
In summary, The paper amends the Karnataka Medical Registration Act, 1961 to regulate the medical council, registration of medical practitioners, and penalties for quackery.
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