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LAW RELATING TO MEDICAL PRACTICE

LAW RELATING TO MEDICAL PRACTICE. Allopathic system Homeopathic system Ayurvedic system Unani Tib. Available systems of medical practice are. HISTORICAL BACKGROUND. Previously anyone could practice medicine under common law but now in all communities of the

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LAW RELATING TO MEDICAL PRACTICE

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  1. LAW RELATING TO MEDICAL PRACTICE Allopathic system Homeopathic system Ayurvedic system Unani Tib Available systems of medical practice are

  2. HISTORICAL BACKGROUND Previously anyone could practice medicine under common law but now in all communities of the world it is governed through statues 1828 Registration 1858 British Parliament passed an act to form GMC to register doctors, prescribe qualifications and frame rules to practice medicine

  3. 1916 Indian Medical Degree Act floated to control doctors practicing Allopathic system and penalized wrongdoers (Hakims, Vaids left out) 1933 Indian Medical Council Act passed to form council in each province with a medical college 1947 West Pakistan Medical Council Act passed for registration of doctors

  4. Proficiency (Knowledge & Skill) Moral character Citizenship Authority once conferred is usually not taken back Concept of Registration is new and Criteria differ from country to country but the General Provisions are same

  5. Situation in Pakistan(Statute laws of Allopathic System) • Allopathic System (Prevention of misuse) Act 1962 • Pakistan Medical and Dental Council Ordinance 1962 • Medical and Dental degree Ordinance 1980 • Dangerous Drug Act 1930 • Drug Act 1976

  6. Allopathic System (Prevention of misuse ) Act 1962Objectives are • Defining registered medical practitioner • Preventing misuse of allopathic system • Proceedings for contravention of this Act

  7. Pakistan Medical & Dental Council Ordinance 1962 • PM&DC was duly established under Act XXXII of Medical & Dental Council Ordinance 1962 which was implemented in 1964 and amended under Act X in 1973 • It is a statuary body (not a union or association) for protection of professional interests

  8. Pakistan Medical & Dental Council Ordinance 1962 (36 sections and 5 schedules) Objectives are Establishment of official body of Medical and dental Practitioners Functions are to Look after public interest

  9. Establishment(sec 3-5) Body of registered practitioners (except the legal member) residing in Pakistan, either nominated or elected Nominated Members are: 1 Member legal 1 DG Health Pakistan 4 Federal Government (one must from army) 4 Provincial Government (Secretary Health)

  10. Elected Members are: 1 Member National Assembly 1 From each recognized medical & dental college (Principal) 1 From each university / syndicate to which it is attached 4 Medical Practitioners 2 Dental Practitioners Term of Office Quorum / Meetings

  11. Functions of PM&DC Supervision of standard of proficiency sec 11-22) • Evaluate and recognize medical qualifications and courses of Graduate and Postgraduate studies • Appoint inspectors for medical institutions / examinations • Grant, refuse, withdraw (if already granted) recognition • Prescribe (for both Graduate / Postgraduate qualifications) • Extent and standard of teaching • Method and standard of examination • Qualifications / experience of teachers / examiners

  12. Maintenance of official register of medical and dental practitioners(sec 23-27) • List I Provisionally registered (residents) • List II Fully registered (independent practice) • List III Registered Specialists Registration application is supported with • Fee (registration / maintenance) • Certificates (proficiency, character, citizenship)

  13. Privileges of Registration(sec 29) • Employment( permission for independent practice) • Medical certificate(administrative /judicial purpose) • Fee(for attendance)

  14. Obligations of Registrations(sec 30) • Shall notify, within 30 days, change of address • Shall not use / publish title or symbol, unless conferred upon him

  15. Disciplinary jurisdiction over registered practitioners to control deteriorating medical standard(sec 28, 31) 1 Warning / explanation / removal of name (temporary / permanent) due to: • Non payment of fee • Defect of character (guilty of infamous conduct --5As) 2 Punishment for fraudulent registration in the form of: • Fine • Imprisonment

  16. Medical & Dental Degree Ordinance 1980 10 sections and 1 schedule Objectives are: • Define scientific medical and dental system that should prevail in the country (sec 1) • Identify authorities, having right to confer medical degree / diploma (sec 3) • Prohibit unauthorized conformant of medical degree / diploma and deals with falsely assuming or using medical and dental title ( sec 4) • Prescribe penalties for falsely assuming or using medical or dental title (sec 6)

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