Medical treatment is not a business it's a seva but in the actual bill it is referred to as business

Dr. Rezaul Karim
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After going through the bill I am literally aghast. This bill is draconian, prejudicial to fair practice and is a calculated attempt to criminalise medical practice.

Clause 2 b (ii) single doctor establishment tending treatment is included in the bill.
Chapter 2 clause 6 makes all facilities must be registered. It is illegal to run a CE without registration
The registered medical practitioners, nurses, attendants, the fitness centres and yoga Kendra are included in the definition of the CE. Rule 7 (3) (j) of the bill makes it mandatory to render emergency care by all such establishment. If the authorities "believe" that the conditions were not fulfilled they will attract punitive measures.
Will make further observation in next post. Those who are rejoicing that it's not so bad because the CM assured nothing will happen might bite their fingers when such occasion comes.

২.

Rule 27 (1) and (2) deals with penalty for non registration or serving wilfully in a non registered clinic
Rule 28 empowers appropriate authority to direct the service provider to certain norms, failures will attract penalty of Rs 5 lac
Rule 29 says that minor and major offenders for wilful negligence to follow standard norms of registration will be penalised up to Rs 5 lac.
Rule 30 says that any contravention of registration norms for 1st offender is Rs 50k and for subsequent offence is Rs100k
Rule 31 (1) says that when any contravention of rules occur in a company owned clinic all the persons present in the clinic at the time of such contravention will be deemed to be liable to the offence
The onus of proving innocence will lie on the accused as per explanation of subsection 1
Subsection 2 of rule 31 says that for any contravention of rules the director of the company and the secretary will also be liable for the offence
Rule 33 says that in case of substantive injury to the patient by the service provider or such other person on his behalf, the adjudicating authority will impose penalty to the offender (Not less than)
Rs 3 law for simple injury
Rs 5 lac for grievous injury
Rs 10 lac for death subject to maximum of Rs 50 lac
: The compensation must be paid within 6 months. Interim relief must be provided for death.
Rule 33 (2 ) says that the commission has jurisdiction to publish the name address offence and penalty of the person in newspaper at the cost of the accused.
Rule 33 (3) days that the accused may lose license and his property can be impounded by the commission
Rule 34 says that if anybody violates the condition of registration might be imprisoned for 3yrs
Rule 34 subsection 2 days that in case of death of patient the service provider can be prosecuted under IPC 1860
Subsection 1 of rule 34 says that offences will be dealt with under code of criminal procedures 1973
The bill has significantly used the word trade and business instead of seva as said by the CM.

The definition of service provider is given in section 2 subsection v.
Service provider means doctor, nurse, midwife, paramedics, social worker or other appropriately trained personnel necessary for the service
The registered clinic, dispensary, single doctor chamber etc are clinical establishment. As per rule 7 (3)(j) emergency treatment of road accidents or acid victims must be given irrespective of their ability to pay. This applies to ALL clinical establishment registered under this act.
Rule 7 (3) (k) says that irrespective of payments of outstanding dues bodies can't be kept in the establishment.
Rule n of 7 (3) days that every clinical establishment must implement e-prescription and maintain records electronically
Rule o of 7(3) states that each clinical establishment shall charge patient @package rates and can't charge for any additional treatment that might have been given.
Rule q of 7 (3) says repetitive tests can't be done
Rule 46 says that the commission has power of civil court
Rule 54 says that the commission is protected from prosecution
Rule 60 says that if any rule is found to be inconsistent with the present rule, then also these rules will apply.
Of all the members mentioned quorum will be deemed to have been present if any 3 members are present . This is the bill in a bit shell. At the end of the bill there is a sermon.
Medical treatment is not a business it's a seva but in the actual bill it is referred to as business
I am not going into any critical introspection right now and would give you our personal viewpoints afterwards
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ডা. রেজাউল করীম । বাংলার প্রখ্যাত লেখক কবি। লোকসেবী। সুচিন্তক।