Prof. (Lt. Col.) Dayakar Thota

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Statutory Legal requirements for Hospital
HCI
By Prof. (Lt. Col.) Dayakar Thota
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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
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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.
• Dentists 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

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Care Related

1. The Registration of Births Deaths Act,1969.
2. The Medical Termination of Pregnancy Act, 1971
   (The MTP Rules, 1975).
3. Mental Health Act, 1987.
4. The Epidemic Diseases Act, 1987.
5. The Prenatal Diagnostic Techniques Act
   (Regulation and Prevention of Misuse), 1994.
6. The Transplantation of Human Organs Act, 1994.

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Drugs Food Related

1. The Drugs and Cosmetics Act, 1940.
2. The Pharmacy Act, 1948 (1959,76 84).
3. Prevention of food adulteration Act, 1954.
4. Drugs Magic Remedies Act 1954.
5. Narcotics Psychotropic substances Act 1985
6. The Drugs (Prices Control) Order 1995.

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Human Resource Related

1. The Workmens Compensation Act, 1923 (1962
   1984).
2. The Payment of Wages Act, 1936
3. The Insurance Act, 1938 (1999).
4. The Industrial Disputes Act, 1947.
5. The Minimum Wages Act, 1948
6. The Employees State Insurance Act, 1948 (1975
   1984).

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Human Resource Related (contd.)

1. The Employees Provident Funds Act, 1952.
2. The Income Tax Act, 1961.
3. The Maternity Benefit Act, 1961.
4. The Payment of Bonus Act, 1965.
5. Contract Labour Act, 1970.
6. The Payment of Gratuity Act, 1972.
7. The Professional Taxes Act, 1975.
8. The Persons with Disabilities Act, 1995.

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Environment Related

1. The Atomic Energy Act, 1962 (1986 87)
2. The Water (Prevention and Control of Pollution)
   Act, 1974.
3. The Air (Prevention and Control of Pollution)
   Act, 1981.
4. The Environmental (Protection) Act, 1986.
5. The Biomedical Waste Management and Handling
   Rules 1998.

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Industry Related

1. Indian Electricity Act ,1910.
2. Indian Electricity (supply) Act, 1948 IER,
   1956. ??? 12 -2003 ??
3. Indian Boilers Act, 1923 IBR, 1950.
4. The Bombay Lifts Act, 1939. Rules, 1958
5. The Factories Act, 1948 Rules 1956.??

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Industry Related (contd.)

1. Gas Cylinder Rules, 1981 (2002)?
2. Explosives Rules, 1983
3. Motor Vehicle Act, 1988.
4. Fire Safety Act (AP Fire Safety Act 1999)
5. Building Laws (e.g. Hyderabad Revised Building
   Rules 2006)

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Corporate Related

1. Societies Registration Act, 1860.
2. Indian Trust Act, 1882.
3. Cooperative Societies Act, 1910 (1960).
4. Partnership Act, 1932.
5. The Companies Act, 1956.

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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.

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Yet to Come/ In the Offing

1. Laws related to Electronic Data.
2. Euthanasia.
3. Brain Death covered under HOTA??
4. Human Experimentation.
5. Genetic Engineering.
6. Embryonic Research.

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• 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.
• Dont 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.

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Thank You