Why
Distinct Systems of Medicine Must Remain Legally Separate?
Demanding
amendments to
recent 2026 amendment to APAPMCE act that combined the registration
and regulation of AYUSH hospitals with modern medicine(allopathy)
hospitals, which could create ambiguity, confusion, fear of integration and
cross-pathy!
Ref:
1. GO.MS.NO: 29- LAW(F) DEPARTMENT DATED 10-4-2026.
2. GO.MS NO:59 dated 7-5-2026 ( MOH&FAMILY WELFARE dept).
3 . Amendment ACT-2026 of AP Allopathic Private Medical Care Establishments Act, 2002- (Bill No.5 of 2026 ).
Scientific Clarity in Healthcare Laws Is Essential for Patient
Safety
The
proposed amendments to the AP Allopathic Private Medical Care Establishments
Act, 2002 aim to strengthen regulation and curb quackery — an objective fully
supported by the medical fraternity. However, healthcare legislation must also
preserve scientific clarity, legal accountability, and patient safety.
A key
concern is the potential legal ambiguity created by mixing distinct systems of
medicine under a common regulatory framework. Modern evidence-based allopathic medicine and AYUSH systems are
governed by separate educational, scientific, and statutory principles. Any
dilution of these distinctions may lead to public confusion, unauthorized
cross-practice, and medico-legal complications.
The
Hon’ble Supreme Court, in Poonam Verma vs Ashwin Patel, clearly
held that practicing outside one’s recognized system of medicine amounts to
negligence. Therefore, explicit statutory safeguards against cross-practice are
legally necessary.
The
law should ensure:
- clear system-specific
definitions,
- mandatory display of
qualifications and registration,
- evidence-based treatment
standards,
- strong action against quackery
and misleading cure claims,
- proportionate and risk-based
regulation for small hospitals.
Healthcare
reform succeeds only when regulation protects both patient welfare and
scientific accountability.
I. DEFINITONAL CLARITY
|
Existing Concern |
Suggested Amendment |
Rationale |
|
Inclusion of AYUSH systems within definition of
“Modern Medicine” |
Define
“Modern Medicine” exclusively as evidence-based allopathic medicine regulated under NMC framework |
Prevents
legal and scientific ambiguity |
|
Mixing distinct systems under
common terminology |
Introduce separate statutory definitions for AYUSH systems |
Preserves
system-specific identity and accountability |
II. PREVENTION OF UNAUTHORIZED CROSS-PRACTICE
|
Suggested Clause |
Purpose |
|
Explicit prohibition on practitioners prescribing or practicing outside their recognized system |
Protects patient safety |
|
Mandatory display of practitioner qualification and registration number |
Enhances transparency |
|
Clear signage specifying system practiced (Allopathy/AYUSH/etc.) |
Prevents patient confusion |
III. SYSTEM-SPECIFIC REGULATORY FRAMEWORK
|
Concern |
Suggested Amendment |
|
Uniform
regulation of scientifically distinct systems |
Create separate technical standards for allopathic hospitals and AYUSH establishments |
|
Common
regulatory authority composition |
Ensure proportional representation of modern medicine experts in matters
relating to ICU, surgery, emergency care, biomedical standards, infection control etc. |
IV. PATIENT SAFETY & SCIENTIFIC ACCOUNTABILITY
IMA proposes inclusion of provisions mandating:
· evidence-based treatment protocols,
· biomedical waste compliance,
· infection control standards,
· emergency referral protocols,
· rational drug usage,
· mandatory adverse event reporting.
WHAT
IMA SHOULD DEMAND:
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