HYDERABAD: In order to prevent unscrupulous elements from establishing and running ill-equipped fake hospitals, the Hyderabad High Court suggested that the Telangana government should explore the possibilities of incorporating deterrent provisions in the Telangana State 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.
“Though establishing and running a medical facility without license is punishable, the accused has to just pay a fine, which is hardly a deterrent for them,” the court observed.Justice Challa Kodanda Ram made these observations recently while hearing a petition filed by Sri Krishna Nursing Home at Pebbair in Mahabubnagar district challenging its closure by authorities.
The judge, in his order, said that these are only prima facie observations, which require attention by the law-making authorities, who may in consultation with the experts in the field, find various other gaps which would ensure the safety of the public. In Section 5(2) of the MTP Act, punishment is provided for a person carrying out termination of pregnancy by someone other than a registered practitioner, but there was total absence of any provision dealing with a medical practitioner transgressing the provisions of the MTP Act and its rules, the judge pointed out.
While granting the certificate to the petitioner’s nursing home, the government mentioned that the nature of medical services provided by it were ‘general’, but there was no such qualification provided in Rule 4 under the Act 2002. It shows non-application of mind by the registering authority, the judge pointed out.
Later, the judge asked the state whether the District Medical and Health Officer (DMHO) would be competent to undertake such complicated exercise in ensuring compliance.