Medical Fraternity needs to enlist all laws which are freedom to practice
Addressing a IMA leadership gathering of over 300 doctors from across the country, Mr. Mukul Rohatgi Attorney General of India said that the right to practice once profession is a fundamental right ever citizen has.
If any law of regulation obstructs that principle the same should be brought to the knowledge of the government or challenged in the Supreme Court.
Also the same applies to if there are contradictions in the provisions of the law.
Padma Shri Awardee Dr A Marthanda Pillai National President and Padma Shri Awardee Dr KK Aggarwal Honorary Secretary General Indian Medical Association, during the working committee meeting, posed many questions to him.
Following discrepancies were brought to his notice
1. In PCPNDT act any MBBS can do ultrasound but in the rules you need an exam.
2. In PCPNDT act, you need to fill F16 form, where the information you need to fill is against the ethics. A diagnostic person cannot divert the patient for further investigations without the consent of referral doctor.
3. In the PCPNDT act the onus of proving non guilty lies on the doctor.
4. MCI says doctors are service provider but CPA act says you are a commercial health provider
5. MCI says do not discriminate patients on lines of Nationality but the Human Organs Transplant act says do not give preference to foreigners.
6. MCI says consent is required of both partners in sterility cases but Health Ministry guidelines says only one consent is sufficient.
7. Delhi Medical Council act says the council can give compensation but MCI act has no previsions when it comes to an appeal.
8. MCI says to doctors do not advertise but hospitals can as they are not covered under MCI act.
9. Clinical establishment act says that doctors professional fee can be controlled by the government.
10. Whether you are allopath, homeopath or Ayurveda expert you can write doctor
11. Even health care providers who have no write to prescribe are writing doctor in front of their name: physiotherapists.
12. In MCI act for the appeal against the state medical council order you have to approach health ministry but in MCU rules you can approach the MCI ethics committee.
13. There is no statuary provision in MCIU act that state medical councils have to obey the decisions of MCI
14. Medical profession says one need to get emergency care within four minutes of a medical crises but the government norms says you can not practice in residential areas
15. Principals of natural justice says you can get pleaded by a lawyer in any court but Delhi Medical Council says you cannot bring a lawyer when there is a case against you.
Earlier in the day Dr Jayshri Ben Mehta President Medical Council of India interacted with the delegates.