Lok Sabha Question No. 429 (STARRED), answered on 2017-03-31
Subject: Unethical Practices in Medical Sector
Ministry: HEALTH AND FAMILY WELFARE
Asked by: SHOBHA KARANDLAJE

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA STARRED QUESTION NO. 429 TO BE ANSWERED ON THE 31 ST MARCH, 2017 UNETHICAL PRACTICES IN MEDICAL SECTOR

## *429. KUMARI SHOBHA KARANDLAJE:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a)  whether  the  Government  has  taken  note  of  the  nexus  between  corpora hospitals, pharma companies and doctors thereby increasing the health risk the cost of treatment and if so, the c rrective steps taken by the Government in this regard;
- (b)  whether  the  Government  proposes  to  formulate  effective  plans accountable regulation of the private medical sector in the country and if details thereof;
- (c) the steps taken fo r regulation of medical sector/transformation of healthca system in the country;
- (d)  whether  the  Government  proposes  to  formulate  a  patient - friendly  and accessible grievance redressal forum to curb such unethical medical practi private medical se ctor; and
- (e) if so, the details thereof and if not, the reasons therefor?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE ( SHRI JAGAT PRAKASH NADDA )

- (a) to ( e):  A statement is laid on the Table of the House

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 429* FOR 31 ST MARCH , 2017

(a) The Department of Pharmaceuticals has, keeping in view the reports t pharmaceutical companies indulge in unfair practices, formulated the 'Uniform Code  for  Pharmaceutical  Marketing  Practices  (UCPMP)'.  It  has  come  into operation with effect from 01.01.20 15.

(b)&  (c) Health  is  a  State  subject.  The  Government  of  India  has,  howeve enacted  the  Clinical  Establishments  (Registration  and  Regulation)  Act, and notified Clinical Establishments (Central Government) Rules, 2012. Th provide  for  registrati on  and  regulation  of  Clinical  Establishments  includin those  in  the  private  sector  belonging  to  Allopathic  and  AYUSH  systems medicine. Therapeutic as well as diagnostic establishments are covered u this Act. The Act is currently applicable in ten St ates and all Union Territories except Delhi. In the States/Union Territories where the said Act is in fo clinical  establishments  are  required  to  meet  the  norms  such  as  minim standards  of  facilities  and  services,  minimum  requirement  of  person maintenance of records and reports  and displaying of rates at a conspi place.  The  clinical  establishments  are  also  required  to  follow Standard Treatment Guidelines i sued by the Central/State Governments and charge rates for  each  type  of  procedure  an d  service  within  the  range  of  rates  determined from  time  to  time.  The  enforcement  of  this  Act  is  with  the  States/U Territories.

(d) & (e) The Clinical Establishments (Registration and Regulation) Act, 20 providessufficient  scope  for  the  States  and  Union  Territories  for  effec redressing public grievances and curb unethical medical practices. Furthe MCI and State Medical Councils are empowered to take action against a doc for  violation  of  the  provisi ons  of  the  Indian  Medical  Council  (Professional Conduct,  Etiquette  and  Ethics)  Regulation,  2002.  The  complaints  relate overcharging, deficiency in medical care, etc. can also be file District/State/National Consumer Disputes Redressal Forums theunder Consumer Protection Act.