Laws Applicable For I S M Dr`S

Laws Applicable to Laws Applicable to Physicians of Ayurveda Physicians of Ayurveda

AnandAnand ChoudharyChoudharyDepartment of Rasa Department of Rasa ShastraShastra

Faculty of AyurvedaFaculty of AyurvedaInstitute of Medical SciencesInstitute of Medical Sciences

Banaras Hindu University Banaras Hindu University Varanasi, UPVaranasi, UP

[email protected]@gmail.comCellCell-- 9452074480 9452074480

ContentsContents

Registration Registration –– Self & Hospital Self & Hospital

Medical LawsMedical Laws-- CPA & CP CPA & CP

Special Submission Special Submission

10 October ,2011National Seminar on Panchakarma , Sri Ayurvedic College ,Nagpur 2

Registration Regulations Registration Regulations

Central Council Central Council of Indian of Indian MedicineMedicine

Indian Medicine Central Indian Medicine Central Council Act, 1970: for Council Act, 1970: for regulation of regulation of education education and and practicepractice of ASU of ASU systemssystems 10 October ,2011National Seminar on Panchakarma , Sri Ayurvedic College ,Nagpur 3

IMCC ACT ,1970IMCC ACT ,1970

Rights of persons possessing qualifications included Rights of persons possessing qualifications included in Second, Third and Fourth Schedules to be in Second, Third and Fourth Schedules to be enrolled .enrolled .


IMCC Act ,1970IMCC Act ,1970

Shall hold office as Shall hold office as VaidyaVaidya, , SiddhaSiddha, Hakim or , Hakim or physician or any other office (by whatever physician or any other office (by whatever designation called) in Government or in any designation called) in Government or in any institution maintained by a local or other authority institution maintained by a local or other authority

Shall practice Indian medicine in any StateShall practice Indian medicine in any State


IMCC Act ,1970IMCC Act ,1970

PART V PART V

DISCIPLINARY ACTIONDISCIPLINARY ACTION


Registration Registration -- CMO office CMO office Freedom Freedom –– NPA NPA

Establishment of ClinicEstablishment of Clinic


NABH was set up in 2005 as a constituent board of Quality Council of India for designing quality parameters in healthcare sector including single specialty hospitals and nursing homes.

http://www.qmsconsultants.com/NABH.html

Assertive AccreditationAssertive AccreditationGlobal Gratitude Global Gratitude Gram Gram VaidyaVaidya


Consumer Protection ActConsumer Protection Act



Supreme Court settled the position and ruled Supreme Court settled the position and ruled that Medical Services falls within the purview of that Medical Services falls within the purview of Consumer Protection Act.Consumer Protection Act.

WHY SO ?WHY SO ?

The earlier attitude of The earlier attitude of ‘‘I donI don’’t mind telephone t mind telephone calls at night as it is my duty to attend to my calls at night as it is my duty to attend to my patientspatients’’ has been replaced by impatient has been replaced by impatient responses such: as responses such: as ‘‘Call tomorrow. ICall tomorrow. I’’m very m very busy.busy.’’



The medical fraternity must be made accountable The medical fraternity must be made accountable for their actions. And patients, as consumers of for their actions. And patients, as consumers of medical treatment, must have the right to health medical treatment, must have the right to health education. education.



NATIONAL CONSUMER DISPUTES REDRESSAL NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHICOMMISSION, NEW DELHI

Justice K.S. Gupta, Presiding Member and Mrs. Justice K.S. Gupta, Presiding Member and Mrs. RajyalakshmiRajyalakshmi, Member, Member

Revision Petition No.2462 of 2004, Decided on 20Revision Petition No.2462 of 2004, Decided on 20-- 1212--20052005

SikhaSikha NayakNayak vs.Drvs.Dr. . ManabeshManabesh PramanickPramanick



RAJASTHAN STATE CONSUMER DISPUTES RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION JAIPURREDRESSAL COMMISSION JAIPUR

Justice Sunil Kumar Justice Sunil Kumar GargGarg, President and Mrs. , President and Mrs. SushmaSushma TanwarTanwar, Member, Member

Appeal No. 811 of 1998, Decided on 5Appeal No. 811 of 1998, Decided on 5--1010--20052005

R.C. R.C. PurohitPurohit vs. vs. UshaUsha DevadaDevada


Consumer Protection Consumer Protection ActAct

Tolerant and generally still respect and love Tolerant and generally still respect and love doctors doctors ??. .

Fears and apprehensions Fears and apprehensions ??

REMEDIES;REMEDIES;

Bond of love, trust and friendship between the Bond of love, trust and friendship between the patient and physician, healing would be patient and physician, healing would be extremely effective.extremely effective.


Legal Lookout Legal Lookout AffirmationAffirmation Announcement Announcement

10 October ,2011 15National Seminar on Panchakarma , Sri Ayurvedic College ,Nagpur

PharmacovigilancePharmacovigilance


Pharmacovigilance is the science and activities

related to

Detection

Assessment

Understanding

Prevention of

Adverse effects or

Any other possible drug related problems

Launched on 29 September, 2008

Elegant Extension Elegant Extension PanchkarmaPanchkarma Procedure Procedure

? ? Prominent Participation Prominent Participation


Allopathic Medicine by Ayurvedic Doctors Allopathic Medicine by Ayurvedic Doctors Ayurvedic Medicine by Allopathic Doctors Ayurvedic Medicine by Allopathic Doctors

Rule 122 A & Schedule Y 1 Rule 122 A & Schedule Y 1

CrossCross PrescriptionPrescription


Cross PrescriptionCross Prescription

PoonamPoonam VermaVerma vsvs AshwinAshwin Patel (1996 4 Patel (1996 4 SCC332)SCC332)

A person who does not have knowledge of a A person who does not have knowledge of a particular system of medicine but practices in that particular system of medicine but practices in that system is a quack and mere pretender to medical system is a quack and mere pretender to medical knowledge or skill ,or to put it differently a knowledge or skill ,or to put it differently a charalatancharalatan..



K K NagarajuNagaraju V/s The State Of Andhra PradeshV/s The State Of Andhra Pradesh

Criminal revision case no 417 of 2002Criminal revision case no 417 of 2002



A Duty of care to every patient he accepts to A Duty of care to every patient he accepts to treat treat

Practice reasonable degree of skill and Practice reasonable degree of skill and knowledge and must exercise a reasonable knowledge and must exercise a reasonable degree of caredegree of care

Dr J B Dr J B NaikNaik Memorial MedicoMemorial Medico-- Legal Cell Activity Legal Cell Activity ReportReport



MaharsastraMaharsastra

MadhayaMadhaya PradeshPradesh

PunjabPunjab

HaryanaHaryana

Utter Pradesh Utter Pradesh

KarnatakaKarnataka

Kerala Kerala –– Traditional Healers Traditional Healers –– Feb ,2011 Feb ,2011


Ascendancy AbilityAscendancy AbilityStatement Statement Declaration Declaration


Continued controversies Continued controversies

High Court of ChennaiHigh Court of Chennai

CCIM Meeting on 26CCIM Meeting on 26--27 March ,201027 March ,2010

Fake letter of MCI August , 2010Fake letter of MCI August , 2010

Chennai MCI & IMA Chennai MCI & IMA –– 23 June 201123 June 2011


Ayurveda & NRHM Ayurveda & NRHM


Meeting people’s health needs in rural areas

Extensive Exploration Extensive Exploration

Governance Governance Comprehensive Comprehensive


CONCLUSIONCONCLUSIONPhysicians GreatnessPhysicians Greatness----------

With great service of Humanity With great service of Humanity through dedication in services to through dedication in services to

common mass with Good common mass with Good Governance of laws .Governance of laws .


ThanksThanksProf G P Prof G P UpadhayayUpadhayayProf Prof MritunjayaMritunjaya Sharma Sharma Chairperson of session Chairperson of session All Scholastic Scholar All Scholastic Scholar


Laws Applicable For I S M Dr`S

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