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Report No. 201

2. Definitions.-

In this Act, unless the context otherwise requires:

(a) 'accident' means any accident giving rise to severe bodily pain or serious injury to human beings who are in emergency medical condition;

(b) 'emergency medical condition' means a medical condition manifesting acute symptoms of sufficient severity (including severe pain) where the absence of emergency medical treatment could reasonably be expected to result in

(i) death of the person, or

(ii) serious jeopardy in the health of the person (or in the case of a pregnant woman, in her health and the health of the unborn child), or

(iii) serious impairment of bodily functions, or

(iv) serious dysfunction of any bodily organ or part.

Explanation: In the case of a pregnant woman who is having contractions, an 'emergency medical condition' shall be deemed to exist where-

(i) there is no adequate time to effect a safe transfer of the person to another hospital before delivery, or

(ii) the transfer may pose a threat to the health or safety of the woman or her unborn child.

(c) 'emergency medical treatment' means the action that is required to be taken, after screening of a person injured in an accident or who is in an emergency medical condition, as to the stabilization of the person and the rendering of such further treatment as may, in the opinion of the hospital or medical practitioner be necessary for the purpose of preventing aggravation of the medical condition of the person or his death and in the case of a pregnant woman, for the purpose of a safe delivery and safeguarding the life of the woman and the child.

(d) 'medical practitioner' means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and who is enrolled in a State Medical Register as defined in clause (k) of that section and includes a private medical practitioner;

(e) 'hospital' includes a nursing home, clinic medical center, medical institution having hospital emergency department or facilities for emergency medical treatment;

(f) 'prescribed' means prescribed by Rules made under this Act;

(g) 'stabilize' means, with respect to an emergency medical condition-

(i) to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility, or

(ii) to provide, with respect to a pregnant woman who is having contractions, for the safe delivery of the child (including the placenta), and the word 'stabilized' shall be understood accordingly.

(h) 'transfer' means the movement (including the discharge) of an individual outside a hospital's facilities at the direction of any designated medical practitioner employed by a hospital but does not include an individual who has been declared dead or leaves the facility without the permission of the doctor attending on him.

Explanation: 'designated medical practitioner' means any practitioner employed by the hospital for directing transfer outside a hospital's facility and includes any other medical practitioner temporarily discharging the functions of such designated medical practitioner.

Emergency Medical Care to Victims of Accidents and during Emergency Medical Condition and Women under Labour Back

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