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.
§ 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.
National Commission for Human Resources in Health (NCHRH) Bill
National Commission for Human
Resources in Health (NCHRH)
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§ 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
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National Board for Health Education
(NBHE)
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§ 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.
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National Evaluation and Assessment
Council (NEAC)
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§ Its recommendation necessary to
open new educational
institutions in medical and
paramedical
courses.
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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
National Population Policy 2000 (NPP)
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§ Provide contraception, health care infra, personnel,
childcare
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§ Bring Total fertility rate to replacement level (=2.1)
by 2010
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§ Achieve stable population by 2045
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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
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By
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supply of narcotic drugs
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§ use of satellite imageries to detect illicit cultivation of po
-ppy and cannabis
§ strategy to address drugs-peddlers at street level.
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demand for narcotic drugs
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§ periodic surveys of drug abuse
§ recognition of de-addiction centers,
§ provisions for treatment, rehabilitation and social re-integration of
victims of drug abuse.
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National Pharmaceutical Pricing Policy (NPPP) 2012
1962
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Government started drug price
control after China war
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2004
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Drug policy
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2012
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New pharmaceutical pricing policy.
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§ 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
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Drugs Regulatory System, spurious
drugs.
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Pranab Sen
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Drug pricing
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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).