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Report No. 241

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

(1) The medical practitioner who is bound to follow the decision of a cmpetent 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 patient 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 who has not taken an informed decision. Require medical treatment to be withdrawn; and

Shall maintain record of age, sex, address and other particular 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 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, parent or relatives stated in sub-section (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 page in the register with regard to each such patient shall be lodged immediately, as a mater of information, on the same date. with the Director General of Health Services or the Director General medical Services of the Union territory or State, as the case may be, in which the medical treatment is being given or is proposed to be withheld or withdrawn and acknowledgement obtained and the contents of the register shall be kept confidential by the medical practitioner and not revelnt to the public or media.

(5) The authorities referred to in sub-section (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 public or the media.

(6) The said Authorities may make Rules for the purpose of section 7 and 8 and publish the said Rules in the appropriate GAzette or on their websites.



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