The Doctor Must Know

LAWthe Doctor Must Know

Hitesh J BhattGeetendra SharmaHitesh J BhattGeetendra Sharma

9 789386 217578

ISBN: 978-93-86217-57-8

Dedicated to Education

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Law is not taught in medical institutions and at times it is difficult for the doctors to understand the legal language. This handy book aims to help the medical practitioners know the law concerning their day-to-day practice.

The book has 18 chapters which discuss all the medicolegal sections, including the Drugs Act, landmark judgements and important bare acts, which an active medical practitioners must know.

The medical practitioners, irrespective of the specialty in which they practice, should keep this handbook ready on their desks for regular update on the law in their daily practice. This will help them to always remain on the ‘right’ side of the law in any eventuality and ‘safe’ from precarious litigation.

Hrishikesh PaiNandita Palshetkar

Hrishikesh PaiNandita Palshetkar

ForewordsForewords

LAWthe Doctor Must Know

LAWthe D

octo

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wBhatt

Sharma

Hitesh J Bhatt

Geetendra Sharma

MD, PGDMLS

is a practising gynecologist and obstetrician in Mumbai for the last 18 years. He is a medicolegal consultant and runs a firm B&S Medicolegal Consultancies. He has authored a book Consents in Obstetrics and Gynecology. He has been chairperson of FOGSI Ethics and Medicolegal Committee (2013-2016) and invited as national faculty at many national and state conferences. He has served as member of the managing councils of AMC, MOGS and AFG, Mumbai. He is a life member of Film Writers Association, Mumbai.

MD

is a practising gynecologist and obstetrician in Ahmedabad for the last 24 years. He has written a book Law in Obstetric and Gynecology published by AOGS and SOGOS. A medicolegal practitioner, he has been a topper in Gujarat University with 15 gold medals during his LLB. He has given over 500 lectures on PNDT, MTP Act, and other medicolegal topics in different associations in India. He is President of AOGS (2016-17); national coordinator, Ethics and Medicolegal Committee, FOGSI; and currently a member of the managing committee, Ahmedabad Medical Association.

LawThe Doctor Must Know

CBS Publishers & Distributors Pvt Ltd

New Delhi • Bengaluru • Chennai • Kochi • Kolkata • Mumbai

Hyderabad • Nagpur • Patna • Pune • Vijayawada

Hitesh J Bhatt MD, PGDMLS

Gynecologist and Obstetrician (Mumbai)Medicolegal Consultant

B&S Medicolegal Consultancies

Chairperson, FOGSI

Geetendra B Sharma MD

Gynecologist and Obstetrician (Ahmedabad)Medicolegal Practitioner


ISBN: 978-93-86217-57-8

Copyright © Authors and Publisher

First Edition: 2017

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means,electronic or mechanical, including photocopying, recording, or any information storage and retrievalsystem without permission, in writing, from the authors and the publisher.

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Disclaimer

Science and technology are constantly changingfields. New research and experience broaden thescope of information and knowledge. The authorshave tried their best in giving information available tothem while preparing the material for this book.Although, all efforts have been made to ensureoptimum accuracy of the material, yet it is quitepossible some errors might have been left uncorrected.The publisher, printer and the authors will not be heldresponsible for any inadvertent errors or inaccuracies.


to

our parents

who have always blessed us

Foreword

We are living in the era of evidence-based medicine. Theawareness of the patient about the law and consumer rights

has increased tremendously. Doctors also should remain updatedequally about the laws related to their practice and their rights asmedical men. Also they must have proper documents in place forproper and effective defence in cases of medicolegal issues.I appreciate this book which has addressed both these issues:Important laws and format of standard documents in the mostsimplified manner. I recommend this book to all the doctorsbecause laws are same for all irrespective of their specialities.I thank both the authors who are experts in the medicolegal fieldand working dedicatedly for all the colleagues. I further appreciatethem for their work of bringing out this book and for promotingfearless practice.

Dr Hrishikesh Pai

Foreword

There is increasing litigations in present time in medical practiceand it is very pertinent to have proper legal knowledge along

with the excellence in medical field. I really appreciate andrecommend this book to all the practitioners who do not have timeto go through all the acts related to medical practice. This bookshall serve as a ready reckoner for them. I also thank the authorsfor bring out such a useful book on legal aspects of medical practice.

I strongly recommend this book to make it a part of the book-shelf in your consulting room.

Dr Nandita Palshetkar

Preface

It is our great pleasure to present you yet another book on legal aspects.Laws are not taught in medical schools and it is difficult at times

to understand the legal language. This book shall help all themedical practitioners as laws are not different for any specialist.Many a times in entire statute only a few sections are importantfor a common medical practitioner. So, there is no need to read allthe irrelevant sections which are not affecting day-to-day practiceof a doctor. In view of all these, we have tried to bring before youthe important sections of important laws applicable to a doctor, tofurther simplify the topic we have given appropriate tips in all thechapters related to that law in this book. At the end of this bookwe have also included the entire bare acts for those medicalpractitioners who are interested in knowing entire statute.

We promote fearless medical practice. One can be fearless onlyin two situations, either he is fully ignorant or fully knowing thesubject. Lack of knowledge always keeps one fearful. By this bookwe have tried to enlighten you fully about the laws a doctor mustknow.

Hitesh J BhattGeetendra B Sharma

Acknowledgments

For any creation in the world we give credit to the people whoare seen on the front face, but actually there are many more

behind them right from conceiving the idea till the time to give afinal shape to the creation.

We acknowledge Dr Bela Hitesh Bhatt and Mrs Maya GeetendraSharma, all our friends, colleagues, well-wishers and readers ofour books for inspiring us to write one more book on the subjectof law. Their contribution is no less than what we have contributed.We once again acknowledge them all and also those who havebecome part of this book knowingly and unknowingly, we thankall of them whole heartedly.

We also thankful to the publisher CBS Publishers & Distributorsspecially Mr SK Jain (CMD), Mr Ramesh Krishnamachari andthe staff of the publishing division for having given us theencouragement in bringing out this book.

Hitesh J BhattGeetendra B Sharma

1. Medical Termination of Pregnancy Act, 1971 1–13

Legislations for Abortion in India Before 1971 1Objectives of the Act 1MTP Act Over the IPC Section 3(1) of MTP Act 1Requirements for MTP 1Opinion of RMPs to be Formed in Good Faith 3Indications Mentioned in “Form I” 3Indications Mentioned in “Form II” 4Sections which Provides Protection to RMPs 8

2. Protection of Children from Sexual Offences Act, 2012 14–21

Five Types of Sexual Offenses Under the Act 14Reporting of Cases 17Procedure of Reporting 17Care and Protection to the Child 17

3. PC–PNDT Act 22–33

Introduction 22Important Definitions (Section 2) 22Regulation of Centres (Section 3) Rule 3—Amendment 23Regulation of PNDT (Section 4) 23Consent and Prohibition of Communicating the Sex of

Foetus (Section 5) 24Determination of Sex is Prohibited (Section 6) 25Registration of Centre is Must for Carrying Out Prenatal Diagnostic

Techniques either Partly or Exclusively (Section 18) 25Certificate of Registration (Section 18, 19 and Rule 6) 25When to Surrender the Certificate of Registration (Rule 6) 25Registration is Valid for Five Years from the Date of Issue (Rule 7)

Renewal of Registration (Rule 8) 26Cancellation and Suspension of Registration (Section 20) 26Appeal Against Cancellation and Suspension of Registration

(Section 21) 27

ContentsForeword by Dr Hrishikesh Pai viiForeword by Dr Nandita Palshetkar ixPreface xi

Law: The Doctor Must Knowxvi

Type and Cognizance of Offence (Section 27 and 28) 27Maintenance and Preservation of Records (Section 29; Rule 9) 27Power of Search and Seizure (Section 30) and Procedure of

Search and Seizure (Rule 12) 28Power to Make Rules and Regulations (Section 32 and 33) 28Minimum Requirements of Qualification 28Sale of Ultrasound Machines (Rule 3-B) 29Intimation of Change (Rule 13) 29Condition for Analysis of Test and Prenatal Diagnostic Procedures

(Rule 14) 29Public Information (Rule 17) 30Code of Conduct (Rule 18) 30Appeal Against Decision of A.A (Rule 19) 30Tips on PNDT Act 30

4. Birth and Death Registration Act 34–36

Benefits of Registration 34Timeframe for Reporting of Events for Registration 35Translation of Birth and Death Certificates 35Entering of Name in Birth Certificate 36

5. Consumer Protection Act 37–42

Statement of Objects and Reasons 37Hierarchy of Consumer Courts 39Important Statements from Cases Under CPA 40Important Provisions of the Act (Section 24, 26, 27) 41Tips for CPA 42

6. Biomedical Waste 43–52

Biomedical Waste (Management and Handling) Rules, 1998(with 2011 Amendments) 43

Application (Rule 2 and 4) 43Important Definitions (Rule 3) 45Schedule I (See Rules 3(e), 4(h), 7(1), and 8(2)) 47

7. Criminal Procedure Code and Indian Penal Code 53–77

CR. PC. 53Related to Arrest 53Anticipatory Bail: A Misnomer 54What Should we Inform Police 55FIR is not Defined in CR. PC but Section 154 is for the

Report (Information) 56Indian Penal Code 57

Contents xvii

8. The Indian Medical Council (Professional Conduct,Etiquette and Ethics) Regulations, 2002 78–83

Each Applicant at the Time of Application for RegistrationShall Submit a Duly Signed Declaration 78

Misconduct 81Punishment and Disciplinary Action 83

9. Licenses Required to Start Nursing Home 84–85

For Individual 84For Nursing Home/Hospital 85

10. Important Labour Laws Provision 86–88

General Tips on Labour Laws 87

11. Legal Metrology Act 89–90

Legal Metrology Act 89Verification and Stamping of Weight or Measure 89Tips for Legal Metrology Act 90

12. Drug Act 91–96

Drug Act 91Drug Register 94Sample Drug Register a Doctor has to Maintain 94Rules Regarding Keeping and Dispensing of Drugs by the RMPs 94

13. Clinical Estalishment Act 97–100

Clinical Establishment Act 2010 97

14. Consents 101–112

Admission Consent 101Consent for Anesthesia 103Informed Consent: Transfusion of Blood Products 104Discharge Against Medical Advice 106High Risk Consent 107Informed Consent to Perform HIV Testing 108Consent for Physiotherapy and Rehabilitation 109Valuable Consent form 110Operation Consent form 111

15. Documents 113–123

OPD Case Paper 113Medical Records 114Anaesthesia Record 115Anaesthesia Chart 116

Law: The Doctor Must Knowxviii

Sample Operative Note (LSCS) 118Discharge Card 119Medical Certificate 120Model Certificate 120DAMA 121Death Certificate 122Prescription Paper 123

16. Registers 124–133

OPD Register–3C Income-tax Act 124Indoor Case Register 125Operation Theatre Register 126Birth and Death Register—Birth Registration 127Receipt Book 128Autoclave Register 129Fumigation Register 130Sterilization Register 131IUCD Register 132Nursing Register 133

17. Landmark Judgements 134–142

Samira Kohli V/S Dr Prabha Manchanda 134Jacob Mathew V/S State of Punjab and ANR 138Dr Suresh Gupta V/S Govt of NCT of Delhi 04/08/2004 140

18. Bare Acts 143–350

The Pre-Conception and Prenatal Diagnostic Techniques(Prohibition of Sex Selection) Act, 1994 (57 of 1994) 143

Biomedical Waste Rules 207Indian Medical Council 255The Consumer Protection Act, 1986 and Rules, 1987 284The Medical Termination of Pregnancy Act, 1971 333

Index 351

The Doctor Must Know

Documents

Transcript of The Doctor Must Know