2940Fw: What is Rule 22(v) in CEB?
- Oct 1, 2010
"Rule 22(v)--“(v) All emergency patients attending a clinical establishment, wherever registered medical practitioner / s are engaged, must be attended primarily without considering the financial capability of the patient to save the life, and.. then, may be referred with suitable medical report about the ailments, as early as possible, to the nearest Government hospital if, necessary. It is also the responsibility of the patient or his party to pay all the dues before being released from the clinical establishment.”Thank you very much.With warm personal regards,NikhilDr. Surender N. Gupta,MBBS; PGDHHM;PGDMCH;PGCHFWM;
FAIMS;FIMS;MA (Phil);MAE (Epidemiology)
Faculty, Regional Health and Family Welfare Training Centre,
CHHEB, Kangra-Himachal Pradesh, India.
Pin-176001.01892-265472 (Fax); 01892-263472 (Office)
Mobile: 094181-28634.E-mail IDs: drsurendernikhil@...
From: Dr.M.C. Gupta <mcgupta44@...>
Subject: Re: [ima-punjab] Regarding CEB
Date: Friday, October 1, 2010, 4:19 PMDear Dr. Mann and others,
Thanks for your kind words.
I must admit I was sceptical whether meeting ministers in Punjab would be of any use. Happily, I was proved wrong. That attests to the high motivation and energy and commitment level in Punjab IMA as a whole. Let me hope Punjab shows a way o other state IMAs and also wins in the forthcoming national IMA elections.
A word of caution. Don't rest. The major task is ahead--How to forestall imposition of the central CEA with its section 12(2). I think the state IMA should work very very hard to get the revised CEB passed at the earliest. If that becomes possible, like Bhagat Singh, the name of Punjab IMA will taken with great respect in the whole of Indian meical community. I will be glad to extend any help if asked.
Let me tell you all about an actual incident.
I am working right now on a case related to WB CEA, 1950. My client is a hospital in Calcutta. In April 2010, a traffic accident occurred 1-2 km. from the hospital. About a dozen patients were brought to the hospital emergency. A couple of patients were declared brought dead. Public got furious. Large scale vandalism, ransacking, assault on doctors and nurses, breakage of costly equipment and even arson ensued. Police had to open fire. Doctors and nurses had to hide in toilets to save themselves. Documents related to treatment were lost in the melee. All this was shown on TV by a major news channel prominently. Some
The Appropriate Authority under the CEA sent a notice to the hospital why action should not be taken against it for not attending to emergency patients and causing their death in consequence. A copy of WB CE Rules, 2003, is reproduced below:
"Rule 22(v)--“(v) All emergency patients attending a clinical establishment, wherever registered medical practitioner / s are engaged, must be attended primarily without considering the financial capability of the patient to save the life, and.. then, may be referred with suitable medical report about the ailments, as early as possible, to the nearest Government hospital if, necessary. It is also the responsibility of the patient or his party to pay all the dues before being released from the clinical establishment.”
Section 12(2) of the new CEB is much worse.
--FIRSTLY, it is a section of the Act, not a rule.
-- SECONDLY, it does not have the words "It is also the responsibility of the patient or his party to pay all the dues before being released from the clinical establishment.”
--THIRDLY, it is coupled with the "stabilisation " clause as defined in section 2(o).
--FOURTHLY, violation has to be judged by the district committee which does not have any legal member.
--FIFTHLY, the penalty can go up to Rs. 5 lakh.
The first casualty of the new CEA are going to be the doctors of Delhi and Chandigarh, both of which are UT. The Act has been signed by the President. Notification can be done any day by the government. I have not heard any voice of protest from IMAs of Delhi and Chandigarh. I feel concerned for them.
Who can awake those who are not sleeping? Who can teach the learned? That is why I say, though some doctors don't like it, that doctors don't get any sympathy from the public because they don't deserve it. Sympathy can be there for the weak and the helpless, but not for the careless or the foolish.
M C Gupta
1 October 2010.
=================================================On 1 October 2010 13:48, Paramjit Maan <maanparamjit@...> wrote:Hai AllCONGRATULATIONSon this D' Day !My Special Thanx to Dr Parmar,Dr Yash,Dr Wig,Dr SanjeevDr Sudhir,Dr MC Gupta & All Members of IMA.Heartiest ThanxtoDr Rajinder Sharma4 all His effortsLong Live IMADr Maan ParamjitPresident,IMA Nawanshahr.
From: rs parmar <rsparmar1946@...>
Sent: Fri, 1 October, 2010 1:21:39 PM
Subject: [ima-punjab] Regarding CEB
THE ABOVE SAID RESOLUTION HAS BEEN PASSED BY PUNJAB VIDHAN SABHA UNANIMOUSLY Thanks to Chief Minster, Deputy Chief Minster, Dr Daljeet Singh Cheema, all members of cabinet and all MLA’s
Dr. R S Parmar
President IMA Punjab 2010
Parmar Nursing Home
Bela Road, Ropar
(Ex)Prof. M C Gupta
MD (Medicine), MPH, LL.M.,
Advocate & Medico-legal Consultant