ACTS REALATED TO MEDICOLEGAL ASPECT

INDIAN MEDICAL COUNCIL 1956 1.Formation of MCI & election of

office bearers. List of recognised qualifications. Maintanance of indian medical

register Professional miscoundact. Medical ethics Supervision & appointment 0f

inspector.

MAHARASHTRA MEDICAL PRACTITIONERS ACT 1961

The object is to regulate the qualification & to provide for registration of Ayurvedic & Unani practitioners & to in general make provisions relating to medical practitioners in the state of maharashtra.

It provides for constitution of Maharashtra Board & Faculty of Ayurvedic & Unani systems of medicines to regulate their education & examination . Also a register of practitioners is to be maintened.

No person is authorised to practice in Maharashtra, unless he is registered under this act or Bombay Homeopathic & Practitioners Act 1959, Bombay medical Act 1912 or MCI Act 1956

A birth, death, medical or fitness or any other legal certificate can be issued by a RMP only. Also only an RMP can give evidence as a medical experts.

DRUG & COSMETICS ACT 1940 ( After amendment of 1962 the Drug

Act 1940 was changed to as Drug & Cosmetics Act 1940.After amendment of 1964 it also includes the Ayurvedic & Unani drugs.)

The act regulates the import manufacture, distribution & sale of drugs & cosmetics .

Under this act are constituted the Drugs Technical Advisory Board , Ayurvedic & Unani drugs technical advisory boards , the drugs consultative committee & Central Drugs Laboratory.

No person shall import or manufacture for sale any medicines, unless it is displayed on its label or containers either the true formulas or a list of ingredients contained in it.

Inspectors can be appointed to inspect the premises where the drugs are being manufactured & he can collect sample.

The biological & other listed products can only be imported under a licence.

RULES (1945)

Classified Drugs :- Shedule H Drugs :

ACTH,Antibiotics,Arsenic,Antihistaminics,Barbiturate,

Diazepam,Dapson,Ergot,Heparin,Ibuprofen,IsosorbideMebendazole,Oxytocin,D-penicillamine,Prednisolone

Salbutamol,Urokinase etc.Shedule L Drugs : Antibiotics,Anti-

Histaminics, Chemotherapeutic Agents ,& They Should Carry Label Also.

Shedule C = Biological & Special Products.

Shedule E = List Of Poisons. Shedule F = Vaccines & Seras Shedule G = Harmone Preparations Shedule H = Poisons. Shedule J = Unadvertised Drugs. Shedule L =

Antibiotics,Antihistaminics,& Other Chemotherapeutic agents.

Warnings : To Be Sold By Retail On The Prescription

Of A RMP only.* For Shedule H & L Drugs.,The

Prescriptions Should Carry The Date,Name,& Adress of Patient,Name Of –Its Dose &Total Amounts & Retailor Should Keep A Record And Acrilso On The Prescription Should Endorse The Sale.

Narcotic Drugs & Psychotropic Substance Act 1985

(& Prevention Of Illegal Traffic In NDPS Act 1988)

These Acts, Amend,Strenthen And Enhance The Penalties Substances In Relation To Their Trading & Trafficking

A Psychotropic Substance Is One That Alters Mental Functions. E.g.

L.S.D.,Mandrex,Amphetamine, Barbiturates, & Tranquilisers Etc.

A Narcotic Drug Means Cocca Leaf, Cannabis,Opium,Etc.& Synthetic Drugs From Them.

MTP Act (1971):

The Act Deals With Indications,Rules,And Requirements For Medical Termination of Pregnancy.

The Prenatal Dignostic Techniques(Regulation & Prevention of Misuse)1994

An act provide for the regulation of the use of pre-natal dignostic techniquers for the purpose of detecting genetic or metabolic disorders,Haemoglobinopathies or chromosomal abnormilities or certain congenital malformation or sex linked disorder

& for prevention of misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide.

1. Every genetic councelling centre,Genetic

laboratory/clinic has to be registered under the act & should employ only qualified staff.

2. Pre-natal dignostic techniques shall be

conducted only to dignose –-Genetic disorders-metabolic disorders-Haemoglobinopathies-Congenital deformations-Chromosomal abnormilities-Sex linked disorders.

3. Pre-natal dignostic techniques like (USG) &

Amniocentesis will not be used to determine sex of child.

4. Any person who advertises regarding facilities

for pre-natal determination of sex & who contravenes the provisions of this act,or those who seeks the help of these centres to know sex of foetus or who compels the lady to undergo the tests,shall be punished with imprisonment upto 3 years & fine upto Rs.10,000/-All the offences Shall be cognisible,non-bailable,and non-compoundable.

The Transplantation Of Human Organs Act (1994)

The Act provides for the regulation of

removal ,storage,& transplantation of human organs for therapeutic purposes & for the prevention of commercial deelings in human organs & for connected matters .

1. If any doctor had In writing in the presence of 2 or more witnesses(at least,1 being close relative),authorised before his death ,removal of any organ of his body,after his death ,for therapeutic purpose ,person lawfully in possession of the dead body,may to the RMP,all reasonable facilities for the removal of that organ for therapeutic purposes.

- where no such authority was made,but no objection was also expressed,also expressed ,& also if no near relative has any objection, the person lawfully in posession of the dead body may authorise removal of any human organ of diseased person for therapeutic purposes.

2. Organs can only be removde by an RMP,who should satisfy that the donor is dead or that it is a case of brain stem death.

3. In case of dead body in the prison /hospital ,not for 48 hrs.the authority for removal of organs can be given by a person in charge of hospital / prison .

4. Even if body is sent for examination ,the competent person may authorise the removal of organs.

5. A live donor above 18 can donate organs for near relatives only & no organs can otherwise be removed from a living donor.

6. Organs can be removed after authorisation, for therapeutic purposes only(in maharashtra –regulated by DMER)

7. Only a regestered hospitals under the act,can remove organs .

8. Any hospi. Or any person who conducts or associates with organ removal without authority,is liable to be awarded imprisonment upto 5 years & fine upto Rs.10,000/-

Consumer Protection Act(1986)

(Ammended by Act 50 of 1993) The purpose of this act is to protect

interest of of diff.commodities.,for which they pay but do not get standard quality of service.

The medical practice comes under the preview of the act on the ground of medical serviceon the ground of unfair trade practice

For non-compliance of order of forum person may be imprisoned from 1 month-3 years with or without fine.

In frivolous complaints,complaining party is liable to pay upto 10,000 as compensation to the defendant.

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