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LAWS AND REGULATION IN PHYSIOTHERAPY

WHAT IS A LAW?

  1. Law : A law is a system of regulations that are made to govern people, to help them in their conduct according to the norms of the society.
  2. Law is a generic term that refers to all rules and regulations passed by the parliament and are meant to guide the conduct of people.

What is ACT?

  1. Acts are a type of Laws that pertain to specific situations and circumstances. They are passed by the government, to let people know the rules and regulations about specific situations.

Laws are generally :

  1. to guide for the protection of people and
  2. to maintain public order.

What is Regulations?

  1. Regulation is a rule or directive made and maintained by an authority - "planning regulations“ according to the law.

LAWS AND REGULATION IN PHYSIOTHERAPY

  1. The Physiotherapists have no such independent legal existence except being practitioners.
  2. There is no single legislation/law covering all aspects of Physiotherapy practice.

Ministry of Health and Family Welfare, Government of India
Allied Health Section 2015-16 -   Model Curriculum Handbook PHYSIOTHERAPY
Link: http://www.mohfw.nic.in/WriteReadData/l892s/5632211456985633.pdf

  1. Laws Governing the Qualifications / Practice and Conduct of Professionals
  2. Law Related to Governing the Commissioning of Hospital
  3. Law Governing The Safety of Patients, Public and Staff within the Hospital Premises and Environmental Protection.
  4. Laws Governing Medico Legal Aspects
  5. Laws Governing the Employment of Manpower.
  6. Regulations Governing the Business Aspects of Hospital.

Laws Governing the Qualifications / Practice and Conduct of Professionals

  • DELHI COUNCIL FOR PHYSIOTHERAPY & OCCUPATIONAL THERAPY
  • MAHARASHTRA STATE COUNCIL FOR OCCUPATIONAL
  • THERAPY AND PHYSIOTHERAPY ACT, 2004
  • GUJARAT STATE COUNCIL FOR PHYSIOTHERAPY -2011
  • RAJASTHANA PARAMEDICAL COUNCIL 2015
  • MADHYA PRADESH PARAMEDICAL COUNCIL-2003
  • THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003

Bill for the Establishment of Central Physiotherapy

Council of India is under process in Rajaya Sabha

that remains status quo.

    (Reference: 1. Standing Committee Report Summary: The Paramedical and Physiotherapy Central Councils Bill, 2007 dated January 15th 2009. Reference:2. Legislative Brief: The Paramedical and Physiotherapy Central Councils Bill, 2007, dated June 27th 2008. http://www.prsindia.org)

•In Karnataka State, the Physiotherapy Association “Karnataka State Physiotherapy Federation” submitted memorandum and a sample of draft to Government.

Law Related to Governing the Commissioning of Hospital

  • Society registration Act 1960
  • Companies Act 1956
  • Urban land Act 1976
  • National building code 2005
  • Building permit from municipality
  • Government Buildings Act, 1899
  • Karnataka Medical Registration (Amendment) Act, 2003
  • Karnataka Private Nursing Homes (Regulation) Act, 1976
  • Red Cross Society (Allocation of Property) Act, 1936
  • St. John Ambulance Association (India) Transfer of Funds Act, 1956
  • The Clinical Establishments (Registration and Regulation) Act, 2010 ("Act") has been enacted by the Central Government to provide for registration and regulation of all clinical establishments in the country with a view to prescribing the minimum standards of facilities and services provided by them.
  • http://clinicalestablishments.nic.in/cms/Home.aspx
  • Karnataka Private Medical Establishments Act,2007 /The Karnataka Private Medical Establishments (amendment) act, 2012

Law governing the safety of patients, public and staff within the hospital premises

  • No objection certificate from the chief fire officer.
  • Periodic fitness certification for operation of lifts.
  • Rules for provision of safe drinking water
  • The cigarettes and other Tobacco products (prohibition of advertisement and Regulation of trade and commerce , production , supply and distribution ) bill 2003
  • Prohibition of smoking in public places Rules 2008.
  • Rules for provision of safe drinking water.
  • Karnataka Prohibition of Violence against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 2009
  • Protection of Human Rights Act, 1993

Laws Governing Medico Legal Aspects

  • Law of privileged communications
  • Indian Evidence act ( disclosure of privileged / confidential patient related information before a court of law – under protest )
  • Law of torts

A tort means ‘wrong’. It is a violation of the general duty which every member of the society is obliged so as not to do any harm without lawful justification or excuse.
If by the act of an individual, an injury is caused to a third person, the affected person is entitled to claim compensation from the doer. Under the Torts, only the petitioner has to prove the case against the respondent.

  • Consumer protection Act 1986

Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.

  •  Protection of human rights Act

The medical and paramedical professionals hereto are questionable under Law of Torts and under Consumer Law too.
Liability for professional negligence-

    Tort,
    • standard of care,
    • problems of evidence,
    • contractual liability,
    • criminal liability,
    • Liability of doctors and hospitals under Consumer Protection Act.

    Laws Governing the Employment of Manpower.

    • TDS Act
    • Child labour Act
    • Citizenship Act 1955
    • Maternity Benefit (Amendment) Act, 2008
    • Workmen’s Compensation Act, 1923
    • Workmen's Compensation (Amendment) Act, 2009
    • Employees provident fund and misc provision Act 1952
    • ESI Act 1948
    • ESI ( central ) Rules 1950
    • Employment exchange ( compulsory notification of vacancies ) act 1959
    • Equal remuneration Act 1976
    • Minimum Wedge Act 1948
    • Payment of bonus Act 1965
    • Payment of Gratuity Act 1972
    • Payment of wages Act, 1963
    • PPF Act 1968

    Regulations Governing the Business Aspects of Hospital.

    Income Tax ACT 1961

    (Personal Tax, professional Tax, Company Tax, TDS)-  Quarterly, Annually

    1. Registration under States Sales Tax Act, and Central and State Excise Act ( i. Sales Tax Department ii. Central and State Excise Depts.)
    2. From July 1, 2010, services provided by hospitals, nursing home or multi-specialty clinics to employees of business entities are taxable under the category “Health Services”.
    3. Service tax refers to tax collected by the government of India from certain service providers for providing certain services.
    4. The person who pays service tax can be either a service provider or a service receiver or any other person who is responsible for providing certain services.

    INSURANCE

    1. The Public Liability Insurance Act, 1991, amended 1992
    2. The Public Liability Insurance Rules, 1991, amended 1993 Various licenses / certificate required with sanctioning authority
    3. Professional Indemnity Insurance