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Fw: What is Rule 22(v) in CEB?

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  • surendernikhil gupta
    Rule 22(v)--“(v) All emergency patients attending a clinical establishment, wherever registered medical practitioner / s are engaged, must be attended
    Message 1 of 1 , Oct 1, 2010
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      "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,
       
      Nikhil
      Dr. 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.
                        drnikhilsurender@...
       


      From: Dr.M.C. Gupta <mcgupta44@...>
      Subject: Re: [ima-punjab] Regarding CEB
      To: ima-punjab@yahoogroups.com
      Date: Friday, October 1, 2010, 4:19 PM

       
      Dear 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 All
                  CONGRATULATIONS
                                       on this D' Day !
          My Special Thanx to Dr Parmar,Dr Yash,Dr Wig,Dr Sanjeev
              Dr Sudhir,Dr MC Gupta & All Members of IMA.
                                              Heartiest Thanx 
                                                         to
                            Dr Rajinder Sharma
                                                 4 all His efforts
                                   Long Live IMA
                                                                                   Dr Maan Paramjit
                                                                    President,IMA Nawanshahr.

      From: rs parmar <rsparmar1946@...>
      To: ima-punjab@yahoogroups.com
      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 


      --
      with regards,


      Dr. R S Parmar
      President IMA Punjab 2010
      Parmar Nursing Home
      Bela Road, Ropar
      98140 14799




      --
      (Ex)Prof. M C Gupta
      MD (Medicine), MPH, LL.M.,
      Advocate & Medico-legal Consultant
      www.writing.com/authors/mcgupta44



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