Laws Applicable to Medical Practice and Hospitals in India
Healthcare in India features a universal healthcare care system run by the constituent states and territories. Law is an obligation on the part of society imposed by the competent authority, and noncompliance may lead to punishment in the form of monetary fine or imprisonment or both.
The earliest known code of laws called the code of Hammurabi governed the various aspects of health practices including the fees payable to physician for satisfactory services. The first ever code of medical ethics called the Hippocratic oath was laid down 2500 years ago, in the 5th century BC, by Hippocrates—the Greek physician. The modern version of Hippocratic Oath (called the declaration of Geneva), devised by the WHO after the second world war and is accepted by international medical fraternity.
The process of establishment of healthcare system during the colonial rule also necessitated creation of legislative framework for practitioners of medicine. As the number of doctors qualified in Indian medical colleges increased, creation of laws for them became necessary.
The medical council of India, a national level statutory body for the doctors of modern medicine, was constituted after the enactment of Indian Medical Council Act 1933. The first legal recognition and registration for the Indian systems of medicine came when the Bombay Medical Practitioner’ Act was passed in 1938.Laws governing the commissioning of hospital are the laws to ensure that the hospital facilities are created after due process of registration, the facilities created are safe for the public using them, have at least the minimum essential infrastructure for the type and volume of workload anticipated and are subject to periodic inspections to ensure compliance.
There are other laws pertaining to governing to the qualification/practice and conduct of professionals, sale, storage of drugs and safe medication, management of patients, environmental safety, employment and management of manpower, medicolegal aspects and laws pertaining to safety of patients, public and staff within the hospital premises. There are laws governing professional training and research, business aspects, licences/certifications required for hospitals, etc. A hospital administrator should be aware about all these laws, regulations, policies, procedures, reports and returns and keep abreast with the latest amendments to be on the safe side of law and provide quality care to the patients.
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