PCPNDT ACT

 

      HOW TO SAVE ONESELF FROM JAWS OF LEGAL ACTION 

                             PCPNDT ACT

      HOW TO SAVE ONESELF FROM JAWS OF LEGAL ACTION

Dr. Meenakshi  Deshpande                                  

IMA  M.S Chairperson PCPNDT COMMITTEE  

                                     Cell : 9922464365 ,  Emailid : meenakshideshpande3@gmail.com

 

This writeup is  for ALL CLINICIANS AND PRACTISING DOCTORS .

Friends , as you all know by now , this ACT  is applicable not only to  Obgyn.Sonologists and Radiologists but also to Referring Clinicians  , GPs  and  other specialties who utilize this marvelous tool for delivery of health care, and if one reads the fine clause of PCPNDT act ,  it also implicates the hand held Doppler , Echo machine , Colour Doppler/2D/3D/4D /CT/MRI/Opthalm.scans/Lithotripsy/anaesthesia usg .

 

 

● DO ALL USG OR USG LIKE INVESTIGATIONS IN A REGISTERED CENTRE , BY REGISTERED DOCTORS AND ON REGISTERED MACHINES. KEEP ALL REQUIRED RECORDS PERFECTLY AS GIVEN IN THIS ARTICLE .

● Non-Maintenance of records is cognizable, non-bailable and non-compoundable offence.

 

● Section 4 & 23 of the ACT says  any deficiency or inaccuracy found therein shall amount to contravention of the provisions of section 5 or section 6 [ i.e offence of sex determination and disclosure ]

● Penalty – 3 yrs imprisonment + Fine of 50,000/- & subsequent conviction also entails:  Imprisonment which may extend to 5 years and • Fine which may extend to Rs.1 lakh.

FOLLOWING ARE THE STANDARD GUIDELINES TO PREVENT ANY LEGAL ACTION :  

 Practice USG  keeping always the PCPNDT law in mind .  

⮚ Remember even in busy OPD and for simple just look USG s  – PCPNDT Law has to be followed

⮚ Charge likewise and keep extra staff for record keeping of USG in busy OPD.

⮚ REGISTERED CENTRE :  

● Centre should be Duly Registered before starting.

● Certificate of registration to be displayed at conspicuous place of the clinic/centre in original in the reception area and the USG room. If there are more than two rooms where sonography is performed, the original has to be displayed in both rooms as well as the reception area.

▪ Certificate of registration non-transferable.

▪ Registration is valid for 5 years.

▪ For renewal ,application has to be made 30 days before the expiry of existing registration. Fee charged for renewal of registration is half of the fee charged for new registration.

▪ Applicant must be informed about renewal within 90 days , in case applicant is not informed, the registration is deemed to be renewed.

▪ The PC-PNDT board, on 3’x3’ prominently displayed, with the message in English and the local language that ‘sex selection and detection is not done in this Centre and is punishable under the PC-PNDT Act’. This should be displayed in the waiting area and the USG room. No specific size for the message is suggested. But it should be visible to all.

▪ A copy of the PC-PNDT Act should be maintained in the center and needs to be displayed in the waiting room/reception area as well as in the USG room.

⮚ REGISTERED DOCTORS

▪ All radiologists / sonologists / doctors using USG machines need to have their names entered in the PC-PNDT certificate or on a separate sheet that must be displayed along with the PC-PNDT registration certificate. These doctors should be qualified to perform ultrasound according to their degree/ diploma certificate. Name plate of sonologist performing USG is essential .

▪ No doctor other than the one registered in that particular center may use the machine installed there. Other qualified doctors may use the machine at that Centre only after notifying the appropriate authority (AA).

In the case of a locum doctor, the doctor’s name and personal details, Affidavit, Maharashtra Medical  Council registration number, and his/her degree certificate need to be sent to the Appropriate Authority office, accompanied by a covering letter from the clinic owner requesting permission for the use of the machine by the locum on the specified dates.

⮚ REGISTERED MACHINES  :  Total number of machines,  company name & make of every USG  Serial no. of machine should be noted in PCPNDT registration certificate in original PCPNDT Certificate. All machines are to be registered and every machine is given machine registration number and certificate and the MRC No. should be embossed or sticker be fixed on every machine.

 

⮚ Complete Record Keeping includes these 10 commandments:

 

● All records & documents required shall be preserved for a period of two years or for such period as may be prescribed [ in event of any court proceedings , till the end.].

● Referral slips with stamp and signature of referring doctor [ any pathy doctor allowed with registration number ] and indication & Date,Patient’s name.

● 5 column Register [ Pt. Name , husband’s name , address age , mobile number and  date of 1st USG ]

● Form F must be filled with all information [ no blanks ] signature, stamp     [ signed by doctor conducting sonography.]

● All case related OPD records, consent forms , sonography  plates or slides, recommendations & letters shall be preserved.

● If records are maintained on computer or online submission, printed copy of the record shall be taken & preserved after authentication by a person responsible for such record.

● Keeping monthly record in hard copies is mandatory by sending complete report by 5th day of following month, getting its acknowledgement from AA office .

● The AA must be informed, in writing about the changes in any machine or Radiologist. A copy of the same with the signature of AA must be preserved.

● If a locum Radiologist is appointed for emergency illness, the AA must be informed in advance.. its copy kept with doctor.

● Various forms under PCPNDT Act-

● A”-Fom-    Application form to be submitted in duplicate certificate.

● “B”-Form-   Registration certificate

● “C”form-   Rejection certificate if application is not recommended to be given within 90 days.

● “D” Form – To be maintained by Genetic Counseling Centres only.

● “E” Form-To be maintained by Genetic Laboratories  monthly report is mandatory

● “F” Form to be maintained by USG Centre / Genetic Clinic as per PCPNDT Act  for all pregnant patients only.  

● G Form to be filled by Genetic Clinic as a consent of woman for doing invasive procedure.

● Name of referral doctor, indication, results of USG must be mentioned whichever  column is not required must be filled up as not applicable /No.

● Declaration of the patient and doctor should be signed before doing the Sonography and after explaining the patient in her own language as per the Act.

 

 3/5/2019 S.C. upholds Constitutionally of sec.23 of PCPNDT at complete content of Form F is mandatory.

For more information refer PCPNDT ACT Book of Guidelines .

[ This above article is authenticated and approved by Appropriate Authority PMC , Dr.Kalpana Baliwant]

 

• We from IMA MS are insisting on the following :  

❖ Correct directives and uniform checklists to be issued by the State Appropriate Authorities so that uniform implementation and record maintenance can be done.

❖ Having IMA medicolegal experts in the ADVISORY Committee , who can suggest good valuable  opinions and  timely  help .

❖ Clarity in the monthly online reporting methods, machine scrapping and disuse methods.

❖ Fixed protocol for inspection of all such centers [ eg. Even Veterinary , non allopathic etc , not only allopathic ] where misuse is possible  and dignity should be preserved at all times .

❖ Information obtained be collated and analyzed which should help authorities to track ALL possible wrong doers and family members, who should also be penalized.

❖ Requesting help from IMA doctors who are willing to assist in implementation of this act (there are instances where doctors have pointed out names of erring colleagues and no action was taken on them.)

❖ There should be a helpline for doctors in case an appropriate authority demands unreasonable and uncalled for records and actions which are outside the purview of the act and also when patients come in OPD and demand S.D

❖ Appropriate Authorities are requested not to harp on trivial and non-significant mistakes in Records and seal the machines which further leads to prolonged court cases and even cancellation of registration. These actions of depriving the doctor of his livelihood, and  for a trivial mistake shows  this is clearly a  draconian act. And hence discretion has to be shown regarding the type and significance of errors and maintain the spirit of the LAW

 

Dr. Meenakshi  Deshpande

Consulting Obstetrician & Gynaecologist  IMA  MS Chairperson – PCPNDT Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dr. Meenakshi  Deshpande                                  

IMA  M.S Chairperson PCPNDT COMMITTEE  

                                     Cell : 9922464365 ,  Emailid : meenakshideshpande3@gmail.com

 

This writeup is  for ALL CLINICIANS AND PRACTISING DOCTORS .

Friends , as you all know by now , this ACT  is applicable not only to  Obgyn.Sonologists and Radiologists but also to Referring Clinicians  , GPs  and  other specialties who utilize this marvelous tool for delivery of health care, and if one reads the fine clause of PCPNDT act ,  it also implicates the hand held Doppler , Echo machine , Colour Doppler/2D/3D/4D /CT/MRI/Opthalm.scans/Lithotripsy/anaesthesia usg .

 

 

● DO ALL USG OR USG LIKE INVESTIGATIONS IN A REGISTERED CENTRE , BY REGISTERED DOCTORS AND ON REGISTERED MACHINES. KEEP ALL REQUIRED RECORDS PERFECTLY AS GIVEN IN THIS ARTICLE .

● Non-Maintenance of records is cognizable, non-bailable and non-compoundable offence.

 

● Section 4 & 23 of the ACT says  any deficiency or inaccuracy found therein shall amount to contravention of the provisions of section 5 or section 6 [ i.e offence of sex determination and disclosure ]

● Penalty – 3 yrs imprisonment + Fine of 50,000/- & subsequent conviction also entails:  Imprisonment which may extend to 5 years and • Fine which may extend to Rs.1 lakh.

FOLLOWING ARE THE STANDARD GUIDELINES TO PREVENT ANY LEGAL ACTION :  

 Practice USG  keeping always the PCPNDT law in mind .  

⮚ Remember even in busy OPD and for simple just look USG s  – PCPNDT Law has to be followed

⮚ Charge likewise and keep extra staff for record keeping of USG in busy OPD.

⮚ REGISTERED CENTRE :  

● Centre should be Duly Registered before starting.

● Certificate of registration to be displayed at conspicuous place of the clinic/centre in original in the reception area and the USG room. If there are more than two rooms where sonography is performed, the original has to be displayed in both rooms as well as the reception area.

▪ Certificate of registration non-transferable.

▪ Registration is valid for 5 years.

▪ For renewal ,application has to be made 30 days before the expiry of existing registration. Fee charged for renewal of registration is half of the fee charged for new registration.

▪ Applicant must be informed about renewal within 90 days , in case applicant is not informed, the registration is deemed to be renewed.

▪ The PC-PNDT board, on 3’x3’ prominently displayed, with the message in English and the local language that ‘sex selection and detection is not done in this Centre and is punishable under the PC-PNDT Act’. This should be displayed in the waiting area and the USG room. No specific size for the message is suggested. But it should be visible to all.

▪ A copy of the PC-PNDT Act should be maintained in the center and needs to be displayed in the waiting room/reception area as well as in the USG room.

⮚ REGISTERED DOCTORS

▪ All radiologists / sonologists / doctors using USG machines need to have their names entered in the PC-PNDT certificate or on a separate sheet that must be displayed along with the PC-PNDT registration certificate. These doctors should be qualified to perform ultrasound according to their degree/ diploma certificate. Name plate of sonologist performing USG is essential .

▪ No doctor other than the one registered in that particular center may use the machine installed there. Other qualified doctors may use the machine at that Centre only after notifying the appropriate authority (AA).

In the case of a locum doctor, the doctor’s name and personal details, Affidavit, Maharashtra Medical  Council registration number, and his/her degree certificate need to be sent to the Appropriate Authority office, accompanied by a covering letter from the clinic owner requesting permission for the use of the machine by the locum on the specified dates.

⮚ REGISTERED MACHINES  :  Total number of machines,  company name & make of every USG  Serial no. of machine should be noted in PCPNDT registration certificate in original PCPNDT Certificate. All machines are to be registered and every machine is given machine registration number and certificate and the MRC No. should be embossed or sticker be fixed on every machine.

 

⮚ Complete Record Keeping includes these 10 commandments:

 

● All records & documents required shall be preserved for a period of two years or for such period as may be prescribed [ in event of any court proceedings , till the end.].

● Referral slips with stamp and signature of referring doctor [ any pathy doctor allowed with registration number ] and indication & Date,Patient’s name.

● 5 column Register [ Pt. Name , husband’s name , address age , mobile number and  date of 1st USG ]

● Form F must be filled with all information [ no blanks ] signature, stamp     [ signed by doctor conducting sonography.]

● All case related OPD records, consent forms , sonography  plates or slides, recommendations & letters shall be preserved.

● If records are maintained on computer or online submission, printed copy of the record shall be taken & preserved after authentication by a person responsible for such record.

● Keeping monthly record in hard copies is mandatory by sending complete report by 5th day of following month, getting its acknowledgement from AA office .

● The AA must be informed, in writing about the changes in any machine or Radiologist. A copy of the same with the signature of AA must be preserved.

● If a locum Radiologist is appointed for emergency illness, the AA must be informed in advance.. its copy kept with doctor.

● Various forms under PCPNDT Act-

● A”-Fom-    Application form to be submitted in duplicate certificate.

● “B”-Form-   Registration certificate

● “C”form-   Rejection certificate if application is not recommended to be given within 90 days.

● “D” Form – To be maintained by Genetic Counseling Centres only.

● “E” Form-To be maintained by Genetic Laboratories  monthly report is mandatory

● “F” Form to be maintained by USG Centre / Genetic Clinic as per PCPNDT Act  for all pregnant patients only.  

● G Form to be filled by Genetic Clinic as a consent of woman for doing invasive procedure.

● Name of referral doctor, indication, results of USG must be mentioned whichever  column is not required must be filled up as not applicable /No.

● Declaration of the patient and doctor should be signed before doing the Sonography and after explaining the patient in her own language as per the Act.

 

 3/5/2019 S.C. upholds Constitutionally of sec.23 of PCPNDT at complete content of Form F is mandatory.

For more information refer PCPNDT ACT Book of Guidelines .

[ This above article is authenticated and approved by Appropriate Authority PMC , Dr.Kalpana Baliwant]

 

• We from IMA MS are insisting on the following :  

❖ Correct directives and uniform checklists to be issued by the State Appropriate Authorities so that uniform implementation and record maintenance can be done.

❖ Having IMA medicolegal experts in the ADVISORY Committee , who can suggest good valuable  opinions and  timely  help .

❖ Clarity in the monthly online reporting methods, machine scrapping and disuse methods.

❖ Fixed protocol for inspection of all such centers [ eg. Even Veterinary , non allopathic etc , not only allopathic ] where misuse is possible  and dignity should be preserved at all times .

❖ Information obtained be collated and analyzed which should help authorities to track ALL possible wrong doers and family members, who should also be penalized.

❖ Requesting help from IMA doctors who are willing to assist in implementation of this act (there are instances where doctors have pointed out names of erring colleagues and no action was taken on them.)

❖ There should be a helpline for doctors in case an appropriate authority demands unreasonable and uncalled for records and actions which are outside the purview of the act and also when patients come in OPD and demand S.D

❖ Appropriate Authorities are requested not to harp on trivial and non-significant mistakes in Records and seal the machines which further leads to prolonged court cases and even cancellation of registration. These actions of depriving the doctor of his livelihood, and  for a trivial mistake shows  this is clearly a  draconian act. And hence discretion has to be shown regarding the type and significance of errors and maintain the spirit of the LAW

 

Dr. Meenakshi  Deshpande

Consulting Obstetrician & Gynaecologist  IMA  MS Chairperson – PCPNDT Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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