Dr. MC Gupta, a doctor turned lawyer offers his commentary as a medicolegal expert on the proposed Healthcare Service Protection Bill, 2019. But, before you begin, take the poll to let us know what you think.

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What are your comments about the proposed Healthcare Service Protection Bill, 2019?

Dr. MC Gupta answers—

1—The full title of the Bill is –“Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property) Bill, 2019”.

2—The draft of the Bill has been notified by the government vide notification dated 2nd September, 2019, so as to solicit objections and suggestions from public with regard to said draft legislation before the finalisation of the draft Bill. The notification and the Bill can be viewed at on the Ministry of Health Family Welfare website.

Comments / objections / suggestions can be sent within 30 days by email at <us-ms-mohfwnic.in> or to Shri. Rajeev Attri, Under Secretary (Medical Services Division), Ministry of Health and Family Welfare, Room No. 514(B), A-Wing, Nirman Bhawan, New Delhi-110011.

3—The purpose of the Bill is to bring out a central legislation on this subject, which is so far covered only by state legislation in about 20 states.

4—On the whole, the proposed draft bill is fine but I have the following comments/suggestions.

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COMMENT/SUGGESTION ONE

Section 1(1) reads—“This Act may be called the Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property) Act, 2019. It extends to the whole of the India. It applies to clinical establishments as defined in clause (a) of section 3 and registered under the Clinical Establishments (Registration and Regulation) Act, 2010 or under any State Act for the time being in force. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.”

COMMENT—There are many states, including Delhi, where private single doctor OPD type clinics are not registered under any Act. In view of section 1(1), these clinics (lakhs of them) will be excluded from the ambit of the proposed Act.

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COMMENT/SUGGESTION TWO

Section 7 reads—“

“7--Offence to be cognizable and non-bailable- Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable.”

COMMENT—The following proviso should be added to this section:

“Provided that in case bail is granted by a court, the grant of such bail shall be subject to prior payment to the hospital of all hospital bills / dues”.

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COMMENT/SUGGESTION THREE

Need for a new section:

A new section 10 needs to be added as follows:

“10—Denial of rights / privileges—

(1)--The Clinical Establishment which is the victim of violence and which has filed an FIR for such violence shall be within its rights to deny in future any healthcare services to the accused and such denial shall not be deemed as violative of any laws / rules / regulations etc. that might be in force.

(2)—Other private Clinical Establishments in the District shall be within their rights to deny any healthcare services to persons who have been convicted under this Act and such denial shall not be deemed as violative of any laws / rules / regulations etc. that might be in force.

Disclaimer- The views and opinions expressed in this article are those of the author's and do not necessarily reflect the official policy or position of M3 India.

Content from the writer has been directly replicated on the website. No edits have been made.

The writer, Dr. MC Gupta is a practising lawyer specialising in medical negligence cases. He also has an MD Medicine from AIIMS, Delhi where he also worked as a faculty member for 18 years, later working another 10 years as a Professor and Dean at National Institute of Health and Family Welfare, New Delhi, before pursuing law.