DRAFT MEMORANDUM TO BE PRINTED ON THE LETTERHEAD OF THE
LOCAL BRANCH OF IMA AND TO BE SUBMITTED BY THE LEADERS OF THE LOCAL BRANCH OF
IMA TO THE RELEVANT AUTHORITIES AFTER THE NATION WIDE STRIKE ON MONDAY, JUNE
25, 2012
To,
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Respected Sir/ Ma’am,
I take this opportunity to introduce Indian Medical Association,
the largest professional organization around the globe having more than 2.2
lacs of doctors as its members through more than 1700 local branches in 32
States. IMA is involved in many health related projects with Govt. of India and
various State Govts. besides various international organisations.
At the outset, we thank you immensely for giving us an
opportunity to present the viewpoints of IMA on various challenging issues
related to the medical profession which are going to prove detrimental to the
health of the nation.
1. National Council for Human
Resources in Health (NCHRH) Bill-2011
IMA is stunned by the dual standards depicted by the Govt. of
India and the step motherly treatment metted out to the medical profession.
On the one hand, the Govt. boasts about its commitment to
decentralize various departments for effective implementation of its policies
and projects and efficient working of its departments, whereas on the other it
bats for constituting a superarching Commission over all the Medical Councils
using the proposed National Council for Human Resources in Health (NCHRH)
Bill-2011.
If the Bill is passed:-
1.
The Commission, the Committee and the Council will execute the orders given by the
Central Government with no provision for the representation from the
professional organizations, like Indian Medical Association or Health
Universities in the Commission, Board or Council, shunning the voice of the
health care providers. In the circumstances, it will not be possible for the
Commission, Board, committee or Council to provide fair assessment of the
medical education or health care delivery.
2.
Registration
in State Council valid only for the state: Health is a
State Subject. Contrary to
the existing practice, a candidate who have registered in State Council will be
able to practice only in the State of registration and only when you register
in the National Council can practice any where in India. This will negativate State Councils and no one will come forward to
register in the State Council
3.
Doctor doing
any other occupation is misconduct: The Bill defines the engagement of
medical professionals in any business (or) occupation other than health
profession as “misconduct”. This
prohibits all career opportunities for health professionals other than medicine
and is an infringement on the basic rights of a citizen of the country.
Our observations in the broad terms are:-
·
Medical Education is a specified area.
·
NCHRH will definitely affect the Health Education and
Health scenario of India.
·
Independent Council is the need of the Medical Profession.
·
NCHRH is “Of the
Government, By the Government and For the Government” & not for the
Health Profession or Education.
2. Clinical Establishments Act
The Act introduced as a bill in 2010
to regulate private hospitals and clinics to ensure that no Clinical
Establishment runs unless it has been duly registered in accordance with the prescribed
procedure.
The Bill was passed by the Parliament
without a single word of discussion in the House.
1.
The Act includes solo
doctor clinics under its ambit although the term “Establishment” cannot be used to include solo OPD type practice by
a single practitioner, often functioning from a small room in his house or
shop, which is generally on rent.
2.
“Emergency
Medical Condition’ as part of a statute or rules made under the statute,
should be left to the medical specialists in accordance with the Judicial dicta
of the Supreme Court of India – “the profession is the best judge”. The erring
doctors are already liable under Consumer Protection Act, the Indian Medical Council
Act, 1956; and the Indian penal Code which can run concurrently. So this Act
will lead to duplication of the existing acts and thus over regulation.
3.
“Stabilisation” is purely
and squarely a medical and professional decision totally outside the
jurisdiction of courts to decide as to
a.
whether the
condition of a patient is improving or deteriorating
b.
or has stabilized
c.
whether the interest of the patient will be best served by
continuing treatment at a centre or by transferring him to another facility in
spite of the deteriorating condition
d.
the risks involved in transfer
There is no clarity in the meaning of the word ‘stabilised’ and
who would be responsible for the costs incurred in the same.
4.
The District Authority can impose a fine upto Rs. 5 lakh or even closure of the establishment for
failure to follow the rules. It is not acceptable to the IMA that such vast
powers should be exercised in the absence of adequate legal safeguards against
administrative abuse of power. This is already covered under the CPA Act.
IMA opposed the Bill tooth and nail and demands:-
a.
To freeze the Bill and initiate a nation wide debate
b.
To look at other options like accreditation which will
retain the independence of this vital sector and ensure quality
c.
To exempt the healthcare institutions run by doctors from
this Act, in case Government still feels it is in the interest of the country
d.
To bring all healthcare legislations under single window
for better governance
3. Dissolution of Medical Council of
India & a 3rd extension to its appointed Board of Governors
It has been a renowned and proven fact that for people friendly
policies and their effective implementation, the autonomy of all the
professionals is a must. It is only the professionals of each field who can
understand the requirements better, comprehend the outcome and suggest best
modes of implementation. If one takes away their autonomy and they start
getting dictats from non professionals, the common man bears the brunt.
The Medical Council of India, constituted by the Parliament of
India through the Indian Medical Council Act 1956, has been an autonomous body
regulating medical education in the country. As the majority of the members
were elected and represented different states, they were able to give unbiased
opinion regarding medical institutions and medical courses.
The Medical Council of India was dissolved by the Govt. 2 years
earlier and the elected body was replaced by a Board of Governors nominated by
the Union Government with a promise to streamline the Council. However, even
after 2 years and a 3rd extension given to the Board of Governors
for the next year, the Govt. does not seem to be inclined to restore the
autonomy of the MCI.
As claimed by the Hon’ble Union Health Minister in the
Parliament, if the Govt. does not plan to take away the autonomy of the medical
professionals, why doesn’t it let the autonomous structure of MCI be restored.
We are deeply deeply anguished by the step brotherly treatment
metted out to the medical profession by the Government.
IMA seeks your intervention to ensure:-
- The Clinical Establishments Bill is not passed
by the Legislative Assembly in our State
- Instructions to members of your Party in the
Parliament to oppose the passing of the NCHCH Bill.
- Restoration of the democratic setup of the
Medical Council of India by reconstitution of its elected body.
We enclose a copy of the Memorandum submitted by us to the
Hon’ble Prime Minister of India and the Parliamentary Committee related to the
NCHRH Bill intimating our observations and seeking a personal appearance before
them and our White Paper on Clinical Establishments Bill.
With kind regards,
Yours sincerely,
President, Hony.
Secretary
_______ State / Branch, IMA _______
State / Branch, IMA
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