Hyderabad: The Hyderabad High Court has suggested that the Telangana state government explore the possibility of incorporating deterrent provisions in certain laws to curb unscrupulous elements from establishing and runing ill-equipped fake hospitals.
The laws mentioned were the TS Allopathic Medical Care Establishments (Registration and Regulations) Act (TSAPMCE), 2002 and its Rules, 2007 and the Medical Termination of Pregnancy Act (MTP), 1971 and its Rules 2003
Justice Challa Kodandaram was disposing of a petition filed by Sri Krishna Nursing Home at Pebbair, Mahbubnagar district, challenging its seizure. The judge noted that the punishment for running a medical facility without licence was a fine, hardly a deterrent to unscrupulous elements.
Justice Kodandaram said the court had occasion to study the TSAPMCE Act and Rules and MTP Act and Rules and was constrained to make certain observations to sensitise the government on the need to bring in certain statutory changes.
The judge pointed out that the nature of medical service provided by the Pebbair nursing home was mentioned in the certificate as “general”, which was not in Rule 4 under the Act 2002. It showed non-application of mind by the registering authority, he said.
The judge found that the Rule 4 of the TSAPMCE Act and its Rules provides for the district health and medical officer along with a member of the district registering authority to be part of the inspection team, but there was no clarity with respect to the qualifications of team members.
He said that Section 5(2) of the MTP Act provided for punishment to a person other than a registered practitioner for carrying out termination of pregnancy. There was no provision dealing with a medical practitioner transgressing the MTP Act.
The judge said these were prima facie observations which require attention from law-making authorities.
