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Report No. 196

8. Medical Practitioner to maintain register and inform patient, parents etc:-

(1) The medical practitioner who is bound to follow the decision of a competent patient given under section 3 or who takes a decision under section 5, shall maintain a record in a register as to why he is satisfied that

(a) the patient is competent or incompetent;

(b) the competent patient has or has not taken an informed decision about withholding or withdrawing or starting or continuance of medical treatment;

(c) the best interests of an incompetent patient or of a competent patient who has not taken an informed decision, require medical treatment to be withheld or withdrawn; and shall maintain record of age, sex, address and other particulars of the patient and as to the expert advice received by him under section 6 from the three experts selected by him out of the panel referred to in section 7.

(2) Before withholding or withdrawing medical treatment under section 5, the medical practitioner shall inform in writing the patient (if he is conscious), his parents or other relatives or guardian about the decision to withhold or withdraw such treatment in the patient's best interests.

(3) Where the patient, parents or relatives stated in subsection (2) inform the medical practitioner of their intention to move the High Court under section 14, the medical practitioner shall postpone such withholding or withdrawal by fifteen days and if no orders are received from the High within that period, he may proceed with the withholding or withdrawing of the medical treatment.

(4) A photocopy of the pages in the register with regard to each such patient shall be lodged immediately, as a matter of information, on the same date, with the Director General of Health Services or the Director of Medical Services of the Union Territory or State, as the case may be, in which the medical treatment is being given or is proposed or is proposed to be withheld or withdrawn and acknowledgement obtained and the contents of the register shall be kept confidential by the medical practitioner and not revealed to the public or media.

(5) The authorities referred to in subsection (2) shall on receipt of such photo copies, maintain the said photocopies in a register in the offices of the said authorities and shall keep the information confidential and shall not reveal the same to the public or the media.

(6) The said Authorities may make Rules for the purposes of sections 7 and 8 and publish the said Rules in the appropriate Gazette or on their websites.

Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners) Back

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