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By Prof. (Lt. Col.) Dayakar Thota

Statutory & Legal requirements for Hospital & HCI. By Prof. (Lt. Col.) Dayakar Thota. THE GOD & DOCTOR ALIKE ARE REMEMBERED AND REVERED AT THE TIME OF CRISIS : ONCE THE CRISIS IS OVER, GOD IS FORGOTTEN; THE DOCTOR IS SLIGHTED. Self Regulatory Efforts.

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By Prof. (Lt. Col.) Dayakar Thota

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  1. Statutory & Legal requirements for Hospital & HCI By Prof. (Lt. Col.) Dayakar Thota

  2. THE GOD & DOCTOR ALIKE ARE REMEMBERED AND REVERED AT THE TIME OF CRISIS : ONCE THE CRISIS IS OVER, GOD IS FORGOTTEN; THE DOCTOR IS SLIGHTED

  3. Self Regulatory Efforts • Hippocratic Oath, 337 B.C. & Ethics • Geneva Declaration of 1948 • International Convention 1949 • Indian Medical Council Act, 1956. • Indian Nursing Council Act, 1947. • Dentist’s Act, 1948 (Dental Council). • The Code of Ethics, (I M C regu. 2001)

  4. Clinician Related • Law of Tort • Law of Contracts • Law of Consent IPC 90/ IPC 89 • Law of Privileged Communication (Professional Secrecy) (Yektomi) • Respondent Superior

  5. Care Related • The Registration of Births & Deaths Act,1969. • The Medical Termination of Pregnancy Act, 1971 (The MTP Rules, 1975). • Mental Health Act, 1987. • The Epidemic Diseases Act, 1987. • The Prenatal Diagnostic Techniques Act (Regulation and Prevention of Misuse), 1994. • The Transplantation of Human Organs Act, 1994.

  6. Drugs & Food Related • The Drugs and Cosmetics Act, 1940. • The Pharmacy Act, 1948 (1959,’76 &’84). • Prevention of food adulteration Act, 1954. • Drugs & Magic Remedies Act 1954. • Narcotics & Psychotropic substances Act 1985 • The Drugs (Prices Control) Order 1995.

  7. Human Resource Related • The Workmen’s Compensation Act, 1923 (1962 & 1984). • The Payment of Wages Act, 1936 • The Insurance Act, 1938 (1999). • The Industrial Disputes Act, 1947. • The Minimum Wages Act, 1948 • The Employee’s State Insurance Act, 1948 (1975 & 1984).

  8. Human Resource Related (contd.) • The Employee’s Provident Funds Act, 1952. • The Income Tax Act, 1961. • The Maternity Benefit Act, 1961. • The Payment of Bonus Act, 1965. • Contract Labour Act, 1970. • The Payment of Gratuity Act, 1972. • The Professional Taxes Act, 1975. • The Persons with Disabilities Act, 1995.

  9. Environment Related • The Atomic Energy Act, 1962 (1986 & ’87) • The Water (Prevention and Control of Pollution) Act, 1974. • The Air (Prevention and Control of Pollution) Act, 1981. • The Environmental (Protection) Act, 1986. • The Biomedical Waste Management and Handling Rules 1998.

  10. Industry Related • Indian Electricity Act ,1910. • Indian Electricity (supply) Act, 1948 & IER, 1956. ??? 1&2 -2003 ?? • Indian Boilers Act, 1923 & IBR, 1950. • The Bombay Lifts Act, 1939. & Rules, 1958 • The Factories Act, 1948 & Rules 1956.??

  11. Industry Related (contd.) • Gas Cylinder Rules, 1981 (2002)? • Explosives Rules, 1983 • Motor Vehicle Act, 1988. • Fire Safety Act (AP Fire Safety Act 1999) • Building Laws (e.g. Hyderabad Revised Building Rules 2006)

  12. Corporate Related • Societies Registration Act, 1860. • Indian Trust Act, 1882. • Cooperative Societies Act, 1910 (1960). • Partnership Act, 1932. • The Companies Act, 1956.

  13. Health Care Industry Related • Bureau of Indian Standards Act, 1986. • The Consumer Protection Act (CPA), 1986 • The Nursing Homes & Hospitals Acts. • Bombay Nursing Homes Act, 1949 (2005). • Delhi Nursing Homes Act, 1953. • Karnataka Nursing Homes Act, 1976. • GoAP has passed a bill on Nursing Homes in 2006.

  14. Yet to Come/ In the Offing • Laws related to Electronic Data. • Euthanasia. • Brain Death covered under HOTA?? • Human Experimentation. • Genetic Engineering. • Embryonic Research.

  15. A Shield to CPA • Litigations against medical practitioners are on rise as the doctor- patient relationship is deteriorating. • Take a valid consent and maintain near perfect records of your patients. • Don’t forget your duties and rights as a medical practitioner • Don't get frightened if there is a case against you in consumer forum. • Explore all possible ways to get justice. • Have a respect for Law, God and of course for Human Beings.

  16. Thank You

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