Doctors protest Bengal bill regulating private hospitals

Demanding the repeal of the "draconian" new medical Act passed by the West Bengal government, a section of doctors on Friday publicly debated on whether they should refuse to treat patients given the punitive measures introduced in the legislation.

The All Bengal Doctors Convention, which saw participation of a large number of practitioners from various medical disciplines from the state, including from Bengal branches of the Indian Medical Association (IMA), also drove home the message that IMA members with political associations must be removed.

"We will not refuse emergency patients. We can see patients in emergency but we have the right to refuse to treat the patients by telling them that we are afraid to treat them. Let us see what happens for a week," a specialist said here at the All Bengal Doctors Convention in protest against the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Bill 2017, and assault on doctors.

However, another section of doctors present at the convention said they would turn away patients even from emergency wards.

Referring to the West Bengal Regulatory Health Commission envisaged by the legislation, the doctors contended that they were not against any monitoring body, but expressed dismay over the commission having no powers to rein in mal-practices in government hospitals.

"The private hospitals as well as the government hospitals are already regulated by the West Bengal Medical Council. What is the use of the bill? Why doesn't the new regulatory body consider the state-run hospitals," posed S. Daga, a retired physician and IMA member.

The IMA has demanded its "immediate repeal".

According to doctors attending the convention, some of the top bosses in the various Bengal branches of IMA are affiliated to the ruling Trinamool Congress and are therefore, supporting the bill.

"The IMA in every state has passed a resolution against the bill but a section in Bengal are supporting it," said President of IMA (south Kolkata branch) R.D. Dubey, who is also a member of the West Bengal Medical Council.

The physicians also discussed and debated the possibility of filing PILs and fighting it out in court.

"There is an apprehension that the same could be executed in other states. Just because a section in the medical fraternity are indulging in unethical practices, the entire fraternity is suffering. We have to find out possible amendments because there are loopholes in the bill. We will suggest the amendments and if they don't accept it then we will fight tooth and nail," a doctor said.

On March 3, the state assembly passed a tough bill regulating functioning of private health facilities, providing up to three year jail terms and trials under the culpable homicide section of the IPC, and also a maximum fine of Rs 50 lakh for patients' deaths due to severe medical negligence.

The legislation, aimed at bringing transparency, ending harassment of patients and checking medical negligence in private hospitals and nursing homes, draws under its ambit all other private medical set ups -- irrespective of whether they are registered or not.

The bill stipulates setting up a high power 13-member West Bengal Clinical Establishment Regulatory Commission to monitor activities of private hospitals.

--IANS

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