Clinical Establishment Act: IMA View Points

Clinical Establishment Act: IMA View Points As passed in the President and Secretaries Meet and National Action Committee Meeting and approved by the National President on 1st and 2nd April 2017 1. Inter-Ministerial Committee points Clarifications on the Report of the Committee finalized on 30.3.2016 • Committee was constituted under the Chairmanship of Additional Secretary (Health) to examine the issues raised by Indian Medical Association (IMA). Accordingly, three (3) consecutive meetings of all Members of the Committee were held on 8.12.2015, 5.1.2016 and 30.3.2016. The Committee finalized its report on 30.3.2016. • Further, to clarify certain issues raised by IMA, a meeting under Chairmanship of AS&MD (NHM) was held on 8.11.2016 and under the Chairmanship of AS (H) on 23.12.2016. • The issues raised by IMA have been discussed in detail and following decisions were taken: Term of Reference Single doctors’ establishments should be exempted from the purview of the Clinical Establishment Act (CEA) and the need for pre-registration inspection may not be there for those clinical establishments which already have entry level NABH accreditation and above. (Please see attachments) 2. IMA is for decriminalization of medical practice. The penal provision in practice should only be applied when there is mens rea and clear cut intent on the part of the doctor to harm. 3. IMA is for single window accountability through a centralized or a State mechanism. Currently a doctor can be charged simultaneously under CPA, MCI, State Medical Council, Human Rights Commission, State Clinical Establishment Act, IPC and under various Special Acts like Environment, Surrogacy, organ transplant, HIV-AIDS, PCPNDT, CEA, Water Acts etc. 4. IMA is also for single window registration of medial establishments. All other registrations should be through the same window. 5. IMA Bye-laws defines “To work for the abolition of compartmentalism in medical education, medical services and registration in the country and thus to achieve equality among all members of the profession”. IMA is for same laws and regulations applicable to both Govt. & Private Sector. 6. IMA is for accreditation of medical establishments and is against license raj. 7. IMA has zero tolerance for Cuts and Commission and unethical practices. Anybody charging, giving or receiving money without providing any service, is unethical. 8. IMA Policy is to honor the dignity of any live or dead person.