Lok Sabha Question No. 82 (UNSTARRED), answered on 2019-06-21
Subject: Malpractices by Doctors
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Naranbhai Bhikhabhai Kachhadiya, Ramdas Chandrabhanji Tadas, Ranjanben Dhananjay Bhatt

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

## LOK SABHA UNSTARRED QUESTION NO. 82 TO BE ANSWERED ON 21 ST JUNE,2019

## MALPRACTICES BY DOCT ORS

## 82. SHRI NARANBHAI KACHHADIYA: SHRI RAMDAS C. TADAS: SHRIMATI RANJAN BEN DHANANJAY BHATT:

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

- (a)  whether  any  national  policy  has been  formulated  for  taking  action  against hospitals  and doctors involved in cases of negligence and criminal activities, if so, the details thereof;
- (b) if not, the reasons therefor;
- (c) the details of complaints received against hospitals regarding their involvement in kidney rackets during the last five years;
- (d) the action taken by the Government so far on such complaints, hospital - wise; and
- (e) the other corrective measures taken/ proposed by the Government in this regard?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SHRI ASHWINI KUMAR CHOUBEY)

(a) & (b) : As per the constitutional provisions, 'Health' is a State subject. It is, therefore, within  the  domain  of  State  Government  /Union  Territory  (UT)  Administration  to  formula policy  regarding  action  to  be  taken  against  the  hospitals  and  doctors  who  are  found care less and involved in criminal acts.

The  Government  of  India  has  enacted  the  Clinical  Establishments  (Registration  a Regulation)  Act,  2010  (CE  Act)  and  notified  Clinical  Establishments  (Central  Governmen Rules,  2012  for  registration  and  regulation  of  clinical  establishments  including  thos e  in  the private sector. The implementation and enforcement of the said Act is within the purview State/UT Governments.  In terms of the provisions of the CE Act, the State Governments required to constitute a Council for clinical establishments and set up an authority called District Registering  Authority  (DRA)  for  each  district  for  registration,  regulation  and  monitor clinical establishments within their jurisdiction.

DRA is authorised for registration and renewal of the clinical establ ishments under their jurisdiction,  cancellation  of  registration,  inspection  of  registered  clinical  establis levying penalty in case of non - compliance or any contravention, etc.

The Medical Council of India (MCI) and the State Medical Councils are empowered to take action against the doctors for violation of the provisions of the Indian Medical (Professional  Conduct,  Etiquette  and  Ethics)  Regulation,  2002.  The  complaints  relate overcharging,  deficiency  in  medical  care,  etc.  can  also be  filed  in  District/State/National Consumer Disputes Redressal Forums under the Consumer Protection Act. Further, depending upon  the  nature  of  carelessness  and  criminal  act,  the  relevant  sections  of  Indian Code/Criminal Procedure Code are also appli cable on merit of each case.

(c) & (d): Since, 'Health' is a State subject, whenever instances of illegal organ trade come to the notice of the Ministry of Health and Family Welfare through complaints/media rep such  matters  are  forwarded  to  the  conce rned  State  Government  for  investigation  and  further action as per the provisions of the Transplantation of Human Organs and Tissues Act, 1 The  Management  Information  System  of  the  Ministry  does  not  maintain  /  generate  suc information.

(e) : The Government of India had enacted the Transplantation of Human Organs and Tissue Act (THOTA), 1994 to ensure the retrieval and transplantation of human organs and tis Further, Government of India has made the Transplantation of Human Organs and Tiss ues Rules, 2014 under this Act for regulation of removal, storage and transplantation of human orga tissues for therapeutic purposes. THOTA has provisions for imprisonment upto 10 years and fine upto Rs. One crore for commercial dealings in human or gans. However, the enforcement of provisions of the Act falls within the ambit of the respective State/UT Government. Und National Organ Transplant Programme (NOTP). All stakeholders including private hospitals sensitized regarding provisions of the Act and to prevent commercial dealings in human organs and criminal acts related to organ transplantation.