Monday, May 5, 2014

Bills/ Laws

Bills/ Laws

Draft National Health Bill 2009.
§  It aims to provide “right to health” as a legal right.
§  Regulations related to good treatment, emergency care, etc.
§  No individual should be denied emergency treatment because of he doesn’t have the fees / cannot get police clearance.
§  Compulsory for the hospitals to address patient complaints.
§  patient has the right to know name of doctor / nurse involved in his treatment, summary of the treatment. He can also complaint for over-charging of fees.
§  A body to enforce the right to health.
Transplantation of Human Organs (Amendment) Bill, 2009
§  Originally the Act was made in  1994: Transplantation of Human organ Act, 1994
§  It’ll rename that act to “Transplantation of Human Organs and Tissues Act”.
§  To regulate the removal, storage and transplantation of human organs and tissues.
§  “near relative” can donate organ
§  If the donor is not a “near relative” of the patient, then permission required from state Committee.
§  Doctor has to inform and seek consent of donor
§  Organ swapping allowed between a pair of donor-recipient. (e.g. family A has donor and willing recipient but their organs donot match medically then they can swap with another family B in similar situation IF donor from familyB’s organ is compatible with patient from family A and vice versa).
§  Increased penalty for illegal organ removal and trade.
PCPNDT 2004
§  Pre-conception and pre-natal diagnostic technique (PCPNDT)
§  This act prohibits sex determination tests.
§  Regulating the sale of ultrasound machines.
§  Authorities can search, seizure and seal the machines and equipment of the clinics.
NCHRH Bill 2011
National Commission for Human Resources in Health (NCHRH) Bill
National Commission for Human Resources in Health (NCHRH)
§  This Commission will replace four
existing (statutory) bodies for
 healthcare professionals viz.
1.      Medical Council of India,
2.      Dental Council of India,
3.      Pharmacists’ Council of India
4.      Nursing Council of India
National Board for Health Education (NBHE)
§  to facilitate academic studies and
research.
§  conduct a screening test doctors.
§  An Indian citizen who wants to
study medicine abroad has to obtain
an eligibility certificate from
NBHE.
National Evaluation and Assessment Council (NEAC)
§  Its recommendation necessary to
 open new educational
institutions in medical and paramedical
 courses.
Bill also provides for
§  Setting up a fund to finance above bodies.
§  Penalties for educational institutes if they run courses without permission etc.
Parliamentary Standing Committee on Health and Family Welfare has rejected this bill in late 2012. WHY?
1.     The new regulatory body doesn’t have provides any representation to state governments. (Even when Health is state subject)= federalism ignored.
2.     Members will not be elected but nominated = democracy ignored.
Draft Mental Healthcare bill, 2012
§  Provides the mental patients with right to treatment, information, Confidentiality. Legal aid etc.
§  Provision for regulatory bodies at national and state level to enforce these rights.
§  No punishment for Suicide Attempt
§  Registration of mental healthcare establishments.
Draft DNA profiling Bill, 2012
§  provides for a national database of DNA profiles. This database will be used for
1.     crime detection
2.     as an evidence in judicial proceedings
more details in old article clickme
Policies
National Population Policy 2000 (NPP)
             Short term
§  Provide contraception, health care infra, personnel, 
childcare
             Medium term
§  Bring Total fertility rate to replacement level (=2.1)
 by 2010
             Long term
§  Achieve stable population by 2045
To achieve above things, NPP policy formed National Socio-Demographic Goals for 2010.
1.     Reduce IMR, MMR, school dropouts
2.     Achieve universal immunization of children against all vaccine preventable diseases.
3.     Promote delayed marriage for girls, not earlier than age 18 and preferably after 20 years of age.
4.     Achieve 80 percent institutional deliveries and 100 percent deliveries by trained persons.
5.     Provide contraceptives, counseling for family planning.
6.     100 per cent registration of births, deaths, marriage and pregnancy.
7.     Reduce the spread of STD, HIV, communicable diseases.
National Blood Policy, 2002
1.     National Blood Transfusion Council (NBTC) shall be the policy formulating apex body. NACO will give them money.
2.     Similarly bodies @State/UT level
3.     Drugs Controller General India will enforce the standards for blood products.
4.     Trading in blood i.e. Sale & purchase of blood shall be prohibited.
5.     All blood centres shall adhere to guidelines  given by Health ministry
6.     Each blood centre shall create and update a blood donor’s directory which shall be kept confidential.
7.     awareness, education, motivation to promote blood donation
8.     strengthen manpower, encourage research –development, NGO involvement and other filler points.
Drugs & Cosmetics Act provides mandatory testing of blood for five major infections viz. HIV, Hepatitis B, Hepatitis C, Syphilis & Malaria. Every unit of blood is tested for all these infections.
National Policy on NDPS 2012
§  NDPS= Narcotic Drugs and Psychotropic Substances
§  drafted by the Ministry of Finance (and not health ministry)
§  private sector may be allowed production of alkaloids (medical compounds) from opium.
§  At present alkaloids from opium are produced only in Government Opium and Alkaloid Factories
§  Policy also aims to reduce
Reduce
By
supply of narcotic drugs
§  use of satellite imageries to detect illicit cultivation of po
-ppy and cannabis
§  strategy to address drugs-peddlers at street level.
demand for narcotic drugs
§  periodic surveys of drug abuse
§  recognition of de-addiction centers,
§  provisions for treatment, rehabilitation and social re-integration of victims of drug abuse.
National Pharmaceutical Pricing Policy (NPPP) 2012
1962
Government started drug price control after China war
2004
Drug policy
2012
New pharmaceutical pricing policy.
§  At present, the government through the National Pharmaceutical Pricing authority (NPPA) controls prices of 74 bulk drugs and their formulations.
§  With this new policy, 348 essential drugs will be put under price control.
Committees related to drugs
Mashelkar
Drugs Regulatory System, spurious drugs.
Pranab Sen
Drug pricing
Departments
Health ministry has only four departments
1.     Health And Family Welfare
2.     AYUSH
3.     Health research
4.     AIDS control

Department of Pharmaceuticals falls under Chemical and fertilizer ministry (and not under Health ministry).

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