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

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)

Clinician Related

Law of Tort

Law of Contracts
Law of Consent IPC 90/ IPC 89 Law of Privileged Communication (Professional Secrecy) (Yektomi)

Respondent Superior

Care Related
1. 2.

The Registration of Births & Deaths Act,1969. The Medical Termination of Pregnancy Act, 1971 (The MTP Rules, 1975). Mental Health Act, 1987.

3.

4.
5.

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

1. 2. 3.

The Drugs and Cosmetics Act, 1940. The Pharmacy Act, 1948 (1959,76 &84). Prevention of food adulteration Act, 1954.

4.
5. 6.

Drugs & Magic Remedies Act 1954.

Narcotics & Psychotropic substances Act 1985 The Drugs (Prices Control) Order 1995.

Human Resource Related

1.

The Workmens Compensation Act, 1923 (1962 & 1984).

The Payment of Wages Act, 1936

2. 3. 4. 5. 6.

The Insurance Act, 1938 (1999).

The Industrial Disputes Act, 1947. The Minimum Wages Act, 1948 The Employees State Insurance Act, 1948 (1975 & 1984).

Human Resource Related (contd.)

7. 8. 9. 10. 11. 12. 13. 14.

The Employees 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.

Environment Related
1. 2.

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.

3.

4.

5.

The Biomedical Waste Management and Handling

Rules 1998.

Industry Related
1. 2.

Indian Electricity Act ,1910. Indian Electricity (supply) Act, 1948 & IER, 1956. ??? 1&2 -2003 ??

3. 4. 5.

Indian Boilers Act, 1923 & IBR, 1950. The Bombay Lifts Act, 1939. & Rules, 1958 The Factories Act, 1948 & Rules 1956.??

Industry Related (contd.)

6. 7. 8. 9.

Gas Cylinder Rules, 1981 (2002)? Explosives Rules, 1983 Motor Vehicle Act, 1988. Fire Safety Act (AP Fire Safety Act 1999)

10.

Building Laws (e.g. Hyderabad Revised

Building Rules 2006)

Corporate Related
1.

Societies Registration Act, 1860.

2.
3. 4.

Indian Trust Act, 1882.

Cooperative Societies Act, 1910 (1960). Partnership Act, 1932.

5.

The Companies Act, 1956.

Health Care Industry Related

1. 2. 3.

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.

Yet to Come/ In the Offing

1. 2. 3. 4.

Laws related to Electronic Data. Euthanasia. Brain Death covered under HOTA?? Human Experimentation.

5.
6.

Genetic Engineering.
Embryonic Research.

A Shield to CPA
1. Litigations against medical practitioners are on rise as the doctor- patient relationship is deteriorating. 2. Take a valid consent and maintain near perfect records of your patients. 3. Dont forget your duties and rights as a medical practitioner 4. Don't get frightened if there is a case against you in consumer forum. 5. Explore all possible ways to get justice. 6. Have a respect for Law, God and of course for Human Beings.