ANALYSIS OF THE PHC ACT 2010

The Punjab health care Act 2010 was promulgated after the piling of colossal number of cases of
medical malpractices across the Punjab. The unregulated burgeoning of private hospitals resulted in
alarming rise of such incidents, calling the need for such an enactment and an independent
regulatory body. The main objective was to ensure adherence to the Universally accepted standards
of health care and patient welfare. In comparison to PMDC, it has a wider scope as it can institute,
investigate and order inquiry against the accused. The Act confers statutory powers to the
commission to initiate proceedings against any sort of malpractices in connivance with the state
organs like Police, Health department.

Under the PHC regulations notified in 2014, it has its distinctive mechanism of investigating all kinds
of complaints ranging from a minor offence to a major criminal negligence during treatment. This
was need of the hour as PMDC lacked any such mechanism, as PMDC Ordinance was largely silent in
this regard. The PHC is empowered to initiate proceedings against both registered and unregistered
members. This is of paramount importance as it covers almost all the concerned stakeholders
including the general public and doctors as well.

The next laudable feature of this Act is the concept of Accreditation which was not mentioned in
PMDC Ordinance . This will create a healthy competition among the Health Care Establishments to
achieve standards of excellence and clinical governance. The most glaring aspect of this Act is the
tackling of menace and scourge of quackery in all its forms and manifestation which deserves a lot of
credit as it is a major social evil.

The Act is riddled with certain shortcomings and loopholes sparking criticism from different corners.
The first objection in this regard is that while dealing with the question of jurisdiction whether the
district courts and the session courts have the jurisdiction to adjudge upon under this enactment as
Commission itself acts as Court of first instance. Secondly what are the matters that come under the
jurisdiction of Courts. There is a misnomer that any decision of the Commission can not be
challenged in any Court of Law except by virtue of Writ or Appeal. Section 31 of the Act is relevant as
it deals with the question of Appellate jurisdiction. The Proviso clause contains the condition
precedent for an Appeal to be competent. It highlights that an Appeal can only be entertained once
the inquiry is complete and reached a logical conclusion .

Another question of utmost importance is the remedy available to the aggrieved under this
enactment. For instance, by virtue of few notifications it has the power to seal the Health care
establishment. This is in conflict with the Universally accepted principle of Law “AUDI ALTREM
PARTEM” which illustrates that no one should be condemned unheard. The principle law of the land
“The Constitution of 1973”also embodies and upholds the same principle. This requires some soul
searching and self correction.

Secondly, there is no time frame specified in the Act for the completion of inquiry leaving the
aggrieved parties in a vulnerable state of affairs moving from pillar to post having no remedy left at
their disposal. This creates unrest and confusion among the Health care providers and the
complainants as well.

The Act also fails to define “malpractice “which is of grave concern and if unchecked will grow
unabated and has assumed the shape of catastrophe that has tarnished the image of this noble and
dignified profession. There are charges and allegations levelled against doctors that they are
prescribing increasing no of unwanted diagnostic tests as they are allegedly receiving cuts and
commissions from the people running these diagnostic set ups. The alarming rise in the number of
Caesarean Sections prescribed by the Gynaecologists is also a case in point as it is seriously affecting
and jeopardising the lives of females . Serious steps are required to be taken in this regard as it is
becoming a dirty business deal to turn a normal pregnancy into a caesarean section.

Another important step to be taken in this regard is the launching of Health Insurance system. The
most glaring example is of Affordable Care Act 2010 of America. It has improved the quality and
affordability of health insurance, by expanding public and private insurance coverage, effectively
reducing costs of health care for public and government. This will provide a comfort level for both
doctors and patients and provide a healthy working environment for the practitioners in general.

It is pertinent to mention that laws are made for men, not men for laws. Martin Luther king rightly
said, “the more strict the laws, the less justice will prevail”. So the Legislature while enacting these
laws must keep in mind the trend and approach of the society. In my opinion, I do not feel to
hesitate in saying that this law might become a tool of exploitation for a mafia to exploit hospitals,
clinics and other health care establishments. This distrust and misapprehension needs to be
addressed seriously, otherwise it will create confusion and unrest among the masses.

Advocate Dr Rehan Ahmad.