While the Pre-Conception and Pre-Natal Diagnostic Techniques (PC-PNDT) Act was introduced to check female foeticide, its provisions about not maintaining records routinely land doctors and clinics in trouble. Here we cover the finer details of the provisions of the act that needs to be paid strict attention to.

This April 2018, 71 sonography centres and 46 abortion centres in Maharashtra were found to be violating the PC-PNDT Act. In many cases, the erring centres were found guilty of incomplete record-keeping.

The Family Health Welfare Bureau checked more than 7,500 sonography centres and about 4,500 abortion centres to verify recognition, documentation, name, and credentials of the doctors performing sonography and abortion and other details. While many centres were served a show-cause notice, those found guilty of serious lapses are staring at criminal cases.

Around the same time, 52 such centres were inspected in Patna. Two ended up with an FIR against them, two were suspended for functioning without getting registered under the Act and eight were served show-cause notice.

Since even clerical and administrative errors can land doctors and clinic owners in trouble, it's advisable that radiologists, sonography specialists, and gynaecologists who come under the ambit of the Act familiarise themselves with its provisions to ensure compliance. The PC-PNDT Act has mainly two components, one pertaining to diagnosis and the other about maintaining records.

On the documentation front, it is important that the possible side-effects of diagnosis are explained to the pregnant woman and her written consent be obtained for the procedure. The Act mandates exhaustive paperwork and a host of other tasks, some of which are listed below.

Points to remember

• Wherever an ultrasonography machine is used, the specialist operating the device should had themselves registered at least 3 months in advance.
• All doctors/radiologists/sonologists using the machine need to have their names registered in the PC-PNDT certificate.
• In case of a locum (ad hoc) doctor using the machine, the owner of the clinic has to send a cover letter along with specific details of the locum, to request using of the machine by the locum on the specified dates.
• The ultrasonography machine should not be shifted to another centre without informing the appropriate authority at least 30 days in advance.
• Application to renew registration should be made one month in advance. Failure may attract a penalty of Rs. 15,000.In an event where the registration is not renewed, the centre will have to apply for a fresh registration.

Penalty

Those found violating the Act can be jailed for a term that may extend up to three years and asked to pay a fine of Rs 10,000. Subsequent violations may attract up to five years of jail term and a penalty of Rs 50,000. Also, at first offence, the government body concerned advises the state medical council to cancel the doctor's registration for five years. At second offence, it's recommended that the doctor's name be struck off the register permanently.

Doctors' organisations--including Indian Radiological & Imaging Association (IRIA) and Indian Medical Association--have often held protests against the Act's punitive measures, which equate form-filling errors with sex determination. IRIA had launched a nationwide strike in 2016, pointing out that not wearing apron and not displaying the notice board were also landing doctors in serious legal trouble, which is too harsh and not in accordance with the lapse.

IRIA has filed a petition in the Delhi High Court in this regard, seeking changes in the Act. While the petition is still pending, the specialists concerned would do well to learn all that is required of them so they don't land in trouble.

This story was contributed by Sonali Desai, a Mumbai-based freelance writer and a member of 101Reporters.com, a pan-India network of grassroots reporters.