IMA lauds Health Ministry for implementing 85% Pictorial Health Warnings on Tobacco products

IMA lauds Health Ministry for implementing 85% Pictorial Health Warnings on Tobacco products New Delhi, April 03, 2016: Pictorial health warnings (PHWs) are the most effective way of communicating the ill-effects of tobacco use, particularly among those with low literacy or no formal education. In a country like India, where one-third of the population is illiterate, these pictorial health warnings communicate health messages effectively and can influence decisions. Large and effective PHWs discourage non-users, the youth in particular, from starting; encourage current users to stop and also prevent relapse of those who have already quit. They detract from the glamour and appeal of tobacco product packages and help gain public acceptance for other tobacco-control measures such as establishing smoke-free norms. Tobacco control advocacy has a long history in India and the movement has gained momentum in recent years. In February 2014, the Ministry of Health & Family Welfare, Govt. of India (MoHFW), constituted an Expert Committee to study global standards on PHWs and suggest field-tested warnings for notification. Based on the Committee’s suggestions MoHFW amended the packaging and labeling rules and notified new set of Rules on October 15, 2014 with 85% pictorial health warnings on both sides of the pack to be implemented from April 1, 2015. However, while reviewing the Rules, a Lok Sabha Committee on Subordinate Legislation (CoSL) in its interim report recommended delaying the implementation after intense pressure from the tobacco industry and requested time to study the issue. The 85% pictorial health warnings were delayed by one year and set for implementation on April 1, 2016. Consequently, in June 2015 Mr. Rahul Joshi filed a PIL in Rajasthan High Court seeking implementation of the larger pictorial health warning, wherein the Court directed MoHFW to implement the October 2014 notification. The Karnataka High Court too vacated a stay sought by the Karnataka Beedi Industry Association, in February 2016, citing the Supreme Court’s 2009 observation that no court in the country could pass an adverse order against the implementation of the pictorial health warnings. On March 15, 2016, the CoSL in its final report advised reducing the PHW size to 50%. Sharing details, Dr SS Agarwal – National President IMA and Padma Shri Awardee Dr KK Aggarwal – Honorary Secretary General IMA said, that the IMA-led Doctors for Tobacco Control in India (DFTCI) forum, which consists of organizations like HRIDAY, Public Health Foundation of India (PHFI), Cardiological Society of India, Indian Academy of Pediatrics, Association of Physicians of India, and many other stakeholders, at its first planning meeting on March 23rd decided to write letters of support for implementation of 85% PHW on both sides of tobacco packages to the President, Vice President, Prime Minister, Health Minister and Finance Minister. A white paper on strong scientific evidence on the need for 85% PHWs, an SMS campaign with over 2.5 lakh doctors, press releases and bytes, a letter of support from Padma Awardee Doctors Forum were some of the other initiatives that IMA conducted. Despite relentless tobacco industry pressure, the MoHFW remained steadfast in its commitment and on April 1, 2016, the Health Ministry's notification for implementation of the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014 prescribing 85% PHWs on front and backs of tobacco packages came into effect in India. The Government received tremendous support from civil society actors on its decision not to consider the CoSL report. “IMA lauds the Ministry for maintaining its stand and will support it to ensure strong enforcement of 85% PHWs on both sides of tobacco packs”, Dr SS Agarwal and Dr KK Aggarwal added.

New hazardous waste management rules notified

New hazardous waste management rules notified The Ministry of Environment, Forest and Climate Change notified new rules for management of hazardous waste yesterday. For the first time, Rules have been made to distinguish between Hazardous Waste and other wastes. Waste tyre, paper waste, metal scrap, used electronic items, etc. are defined as other wastes and are recognized as a resource for recycling and reuse. The salient features of Hazardous and Other Wastes (Management &Transboundary Movement) Rules, 2016 include the following:- · The ambit of the Rules has been expanded by including ‘Other Waste’. · Waste Management hierarchy in the sequence of priority of prevention, minimization, reuse, recycling, recovery, co-processing; and safe disposal has been incorporated. · All the forms under the rules for permission, import/export, filing of annual returns, transportation, etc. have been revised significantly, indicating the stringent approach for management of such hazardous and other wastes with simultaneous simplification of procedure. · The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure (SOPs), specific to waste type, which has to be complied by the stakeholders and ensured by SPCB/PCC while granting such authorisation. · Procedure has been simplified to merge all the approvals as a single window clearance for setting up of hazardous waste disposal facility and import of other wastes. · The approval process for co-processing of hazardous waste to recover energy has been streamlined and put on emission norms basis rather than on trial basis. · The process of import/export of waste under the Rules has been streamlined by simplifying the document-based procedure and by revising the list of waste regulated for import/export. · The import of metal scrap, paper waste and various categories of electrical and electronic equipments for re-use purpose has been exempted from the need of obtaining Ministry’s permission. · The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure (SOPs) specific to waste type. · Responsibilities of State Government for environmentally sound management of hazardous and other wastes have been introduced. · List of processes generating hazardous wastes has been reviewed taking into account technological evolution in the industries. · List of Waste Constituents with Concentration Limits has been revised as per international standard and drinking water standard. · State Government is authorized to prepare integrated plan for effective implementation of these provisions, and have to submit annual report to Ministry of Environment, Forest and Climate Change. · State Pollution Control Board is mandated to prepare an annual inventory of the waste generated; waste recycled, recovered, utilised including co-processed; waste re-exported and waste disposed and submit to the Central Pollution Control Board by the 30th day of September every year. (Source: PIB)

215th Central Working Committee meeting of the Indian Medical Association commences at Hotel Clarks Shiraz in Agra

215th Central Working Committee meeting of the Indian Medical Association commences at Hotel Clarks Shiraz in Agra · Organized by the IMA UP Branch, the meeting sees attendance of over 350 IMA leaders from across State branches New Delhi, April 02, 2016: The annual Central Working Committee meeting of the Indian Medical Association, the oldest and largest representative organization of doctors of modern scientific medicine commenced today in the historical city of Agra. The two-day meeting being organized by IMA’s UP branch has seen attendance of over 350 State heads of the National body. Prominent IMA leaders present at the meeting include Dr. A Marthanda Pillai – Immediate Past President IMA, Dr Vinay Aggarwal – Chairman Organizing Committee and Past President IMA, Dr SS Agarwal – National President IMA, Dr KK Aggarwal – Honorary Secretary General IMA & Dr Sharad Aggarwal – Chairman Reception Committee. The Chief Guest and conference mentor is none other than Dr. Ketan Desai – President Elect World Medical Association. The main agenda of the Central Working Committee is to evaluate and discuss issues of National importance affecting the functioning and efficacy of the medical community in the country. The primary issue being the increasing violence against doctors as well as redundant laws which the medical fraternity is being subjected to including coming under the ambit of the consumer protection act, issue of unjustified compensation in cases of medical negligence as well as the unjust nature PCPNDT Act. Speaking about the same, Dr SS Agarwal – National President IMA and Padma Shri Awardee Dr KK Aggarwal – Honorary Secretary General IMA in a joint statement said, “Today the medical profession faces more challenges than ever before and we must stand together as a strong voice against them. By standing as a unified force during the difficult times I am confident that we will succeed in our aim of restoring the nobility, honesty and integrity of the medical profession in India. The IMA stands for accountability and regulation of practice. But we are against inspector Raj, multiple registrations for a doctor and multiple windows for the registration of a medical establishment. We believe that instead of regulatory bodies making laws, it is the duty of the medical association to make way for self-regulation”. Inaugurating the event, Dr Ketan Desai, President-Elect World Medical Association said, “I congratulate IMA on this meeting. Some very relevant issues being faced by the medical fraternity have been raised and it is high time that we spoke up against them in a unified tone. The increasing violence against doctors is a matter of grave concern and we must restore the nobility of the profession. Failure of treatment does not mean negligence for no matter what you do, 5% of the seriously ill patients will die. If every death were to end up in violence with no protection from the Indian judicial system or the law enforcement agencies, it will only deter doctors from practicing and fulfilling their basic duties.” Sharing their views, Dr Sharad Aggarwal – Chairman Reception Committee, Dr Vinay Aggarwal Past President IMA & Sanjay Jain Organizing Secretary of the Meeting said, “We are pleased with day 1 of the meeting. Several key issues such as the unjust nature of the PCPNDT act, need to put a cap on compensation and IMA’s novel program of protecting the girl child were discussed. Key issues being faced by the local IMA UP branch were also highlighted including the need for land for blood banks. We are hopeful that together we will be able to fight for the rights of the medical fraternity in India.” IMA leaders recently met the Attorney General of India and also participated in the Inter-Ministerial Committee as a step in the direction of finding a solution to some of their existing problems. A few other demands put together by the IMA for the Indian government include implementation of a doctors protection act, compensation for handling medical emergencies, taking out single doctor clinics from the CEA, conferment of State awards to private practitioners as well, tax rebates for doctors along with medical benefits.

Most doctors are not negligent

Most doctors are not negligent

Dr K K Aggarwal
In the United States, just 2% of practicing physicians are responsible for half of the nation's total medical malpractice payments. Best doctors often have more cases filed against them because they simply take on riskier patients. This does not necessarily mean doctors against whom the cases have been filed are bad doctors. Those who are more likely to get sued are those who dive right into the most difficult cases, those who are willing to take cases where there are no other options, that may not have a good outcome and other doctors will turn down. Otherwise all doctors will take only simple cases where they know they will have success and therefore, their records stay clean. Medical malpractice claims are much lower when patients feel that they can talk to their doctor and most importantly, when they feel that their doctors are listening to them.

New hazardous waste management rules notified

New hazardous waste management rules notified

Dr K K Aggarwal

The Ministry of Environment, Forest and Climate Change notified new rules for management of hazardous waste yesterday. For the first time, Rules have been made to distinguish between Hazardous Waste and other wastes. Waste tyre, paper waste, metal scrap, used electronic items, etc. are defined as other wastes and are recognized as a resource for recycling and reuse.

The salient features of Hazardous and Other Wastes (Management &Transboundary Movement) Rules, 2016 include the following:-

·         The ambit of the Rules has been expanded by including ‘Other Waste’. 

·         Waste Management hierarchy in the sequence of priority of prevention, minimization, reuse, recycling, recovery, co-processing; and safe disposal has been incorporated. 

·         All the forms under the rules for permission, import/export, filing of annual returns, transportation, etc. have been revised significantly, indicating the stringent approach for management of such hazardous and other wastes with simultaneous simplification of procedure.

·         The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure (SOPs), specific to waste type, which has to be complied by the stakeholders and ensured by SPCB/PCC while granting such authorisation. 

·         Procedure has been simplified to merge all the approvals as a single window clearance for setting up of hazardous waste disposal facility and import of other wastes. 

·         The approval process for co-processing of hazardous waste to recover energy has been streamlined and put on emission norms basis rather than on trial basis. 

·         The process of import/export of waste under the Rules has been streamlined by simplifying the document-based procedure and by revising the list of waste regulated for import/export. 

·         The import of metal scrap, paper waste and various categories of electrical and electronic equipments for re-use purpose has been exempted from the need of obtaining Ministry’s permission. 

·         The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure (SOPs) specific to waste type. 

·         Responsibilities of State Government for environmentally sound management of hazardous and other wastes have been introduced. 

·         List of processes generating hazardous wastes has been reviewed taking into account technological evolution in the industries. 

·         List of Waste Constituents with Concentration Limits has been revised as per international standard and drinking water standard. 

·         State Government is authorized to prepare integrated plan for effective implementation of these provisions, and have to submit annual report to Ministry of Environment, Forest and Climate Change. 

·         State Pollution Control Board is mandated to prepare an annual inventory of the waste generated; waste recycled, recovered, utilised including co-processed; waste re-exported and waste disposed and submit to the Central Pollution Control Board by the 30th day of September every year. 

(Source: PIB)

IMA welcomes the honorable Supreme Court’s guidelines to protect Good Samaritans

IMA welcomes the honorable Supreme Court’s guidelines to protect Good Samaritans New Delhi, March 31, 2016: The Supreme Court has approved the Centre's guidelines to protect Good Samaritans, who help road accident victims, from being unnecessarily harassed by police or any other authority. Good Samaritans will also be exempted from any criminal and civil liability. A bench comprising justices V Gopala Gowda and Arun Mishra asked the Central government to give wide publicity to these guidelines. The bench also took on record the guidelines placed by the Ministry of Road Transport and Highways, which were based on the recommendations of the three-member committee headed by former judge K S Radhakrishnan. The 2014 committee had given 12 major recommendations including setting up of State Road Safety Councils, evolving a protocol for identification of black spots, their removal and monitoring to see the effectiveness of the action taken and strengthening of enforcement relating to drunken driving, over-speeding, red light jumping and helmet or seat belt laws. With the court’s approval, the government guidelines are law of the land today and a binding to all states. According to the accepted guidelines, a bystander, including an eyewitness to a road mishap, shall be allowed to leave immediately after taking the injured to the nearest hospital without furnishing his address. Police cannot compel people to reveal their identity even if they are the informers or complainants in the case. The person can give his or her name voluntarily. Speaking about the same, Dr SS Aggarwal – National President IMA & Padma Shri Awardee Dr KK Aggarwal – Honorary Secretary General IMA & President HCFI said, “Every hospital should put up the board as per the guidelines. They should not refuse a road traffic accident victim and immediately provide the first aid. If the victim cannot afford treatment, hospitals should provide the option of installments. Otherwise, the hospital should approach the state government for reimbursement. We got to know through a response to an RTI application filed to the Medical Council of India that if a victim was not able to pay the treatment cost, the state government should create a mechanism for reimbursement." The guidelines further add that all registered public and private hospitals will not detain a Good Samaritan or demand payment for registration and admission costs. No police official shall ask him any questions and he would be later given a choice to record his statement before the court through video conferencing. Departmental or disciplinary action shall be initiated against the officer who coerces or intimidates the informer. If the witness volunteers to go before the court to depose in the case, the trial judge shall complete his examination in one sitting. More than four lakh road accidents took place in 2014. The number of deaths also increased from 1.37 lakh in 2013 to 1.39 lakh in 2014. As per National Crime Records Bureau report, in the last decade, over 12 lakh people have lost their lives and 55 lakh seriously injured or permanently disabled. India stood first with highest number of road fatalities, as compares to China, Brazil, USA, Indonesia, Russia, Iran, Mexico, South Africa and Thailand. 50 per cent of the fatalities can be averted if victims are admitted to a hospital within the first one-hour post accident. A study by the Indian Journal of Surgery in 2012 says 80 per cent of road accident victims in India do not receive emergency medical care within the ‘golden hour’.

Supreme Court approves Centre's guidelines to protect Good Samaritans

Supreme Court approves Centre's guidelines to protect Good Samaritans

• The Supreme Court has approved the Centre's guidelines to protect Good Samaritans, who help road accident victims, from being unnecessarily harassed by police or any other authority.
• They (good Samaritans) will also be exempted from any criminal and civil liability.
• A bench comprising justices V Gopala Gowda and Arun Mishra has asked the Central government to give wide publicity to these guidelines. 
• The bench also took on record the guidelines placed by the Ministry of Road Transport and Highways, based on the recommendations of the three-member committee headed by former judge K S Radhakrishnan.  The 2014 committee had given 12 major recommendations including setting up of State Road Safety Councils, evolving a protocol for identification of black spots, their removal and monitoring to see the effectiveness of the action taken and strengthening of enforcement relating to drunken driving, over-speeding, red light jumping and helmet or seat belt laws.
• With the court’s approval, the government guidelines are law of the land today and binding to all states.
• A bystander, including an eyewitness to a road mishap, shall be allowed to leave immediately after taking the injured to the nearest hospital without furnishing his address. Police cannot compel people to reveal their identity even if they are the informers or complainants in the case. The person can give his or her name voluntarily.
• All registered public and private hospitals will not detain a Good Samaritan or demand payment for registration and admission costs.
• No police official shall ask him any questions and he would be later given a choice to record his statement before the court through video conferencing. Departmental or disciplinary action shall be initiated against the officer who coerces or intimidates the informer.
• If the witness volunteers to go before the court to depose in the case, the trial judge shall complete his examination in one sitting.
• More than 4 lakh road accidents occurred in 2014. The number of deaths also increased from 1.37 lakh in 2013 to 1.39 lakh in 2014.
• As per National Crime Records Bureau report, in the last decade, over 12 lakh people have lost their lives and 55 lakh seriously injured or permanently disabled.