The medical termination of Pregnancy act and rules for the fulfillment of subject in B.Pharm V sem Pharmaceutical Jurisprudence as per PCI syllabus.
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The Medical Termination of Pregnancy Act and Rules Presented by Mr. Mukul Sharma Assistant Professor Faculty of Pharmacy, Medi-Caps University, Indore (M.P.) [email protected]
Terms RMP (Registered Medical Practitioner): A person who possesses any recognized medical qualification as defined under the Indian Medical Council Act and Whose name has been entered in a State Medical Register and Who has such experience or training in gynecology and obstetrics as may be prescribed by rules made under this act. Lunatic: A person who behaves in a stupid way doing crazy and often dangerous things, (Well defined in Section 3 of the Indian Lunatic act). Mentally ill person: A person who is in need of treatment by reason of any mental disorder other than mental retardation. Pregnancy is the condition in which an embryo or foetus is developing in the body. Abortion is the termination of pregnancy before the foetus is viable.
Why This Act is essential for Country? Massive growth of population Unwanted pregnancies Pregnancy due to Rape (crime) Good faith for the purpose to save life of mother. (Section 315 Indian Penal Code) This Act is not applicable in Jammu and Kashmir.
Termination justified under following conditions Health measure: danger to the life or risk to physical and mental health of the women. On humanitarian grounds - sex crime, intercourse with a lunatic women. Eugenic ground: where there is substantial risk that the child would suffer from deformities and disease. If physical or mental health suffer from pregnant lady.
Conditions No pregnancy shall be terminated without the consent of the pregnant women Except: If women less than 18 years/ minor Without the written consent statement of guardian if women is mentally retarded. Termination of pregnancy by a person other than RMP is an offence punishable under the Indian penal code.
Place where pregnancy may be terminated Established Government hospital A place where time being approved for the purpose of this act by Government/ A District level Committee constituted by the Government. Medical termination of pregnancy can be done by RMP only at approved place.
Termination of pregnancies *RMP=Registered Medical Practioner After 2 same opinions of RMPs take decision and terminate pregnancy, save life of pregnant women under hygienic conditions. Pregnancy duration Opinion of 2 RMPs Conditions matched Not exceeds 12 weeks When the length of pregnancies exceeds 12 weeks but does not exceed 20 weeks and if not less than two *RMPs are of opinion that- Pregnancy would cause serious risk to life of pregnant women or grave injury to its physical and mental health. Substantial risk if birth of child would suffer from physical or mental abnormalities or seriously handicapped.
Facilities at approved place Established Government approved Hospital/approved place. A gynaecology Examination/ Labour table Resuscitation and Sterilization Equipment Drugs, and Parenteral fluids Backup Facilities for the treatment of Shock Facility of transportation Surgical sterilized equipment’s Registered Medical Practitioners
Process Hierarchy Medical termination of Pregnancy request raised. The application approved by CMO of the district. Approval of Place by CMO*. Then certificate of approval issued. Approval given to requested applications by CMO only when safe and hygienic conditions maintained. CMO inspect often the approved place and may suspend or revised approval letter when conditions not maintained properly. Every head or owner of approved place shall maintain register for record of admission of pregnant women. Maintained year wise with serial number eg : 9/14 means serial number 9 of 2014. It’s a secret document and name or other detailed not disclosed to any person. The register kept in custody of head of hospital or authorized person of approval hospital. Consent given by pregnant women packed in envelop and marked SECRET send to Head of hospital and also send to CMO of the state (statement frequency- Weekly). Government of India have power to make rules and amendments. (CMO*= Chief Medical Officer)
Penalties and Offences Offences Penalties Termination other than RMP and any person is owner of a place which is not approved where termination happen. Rigorous imprisonment for not less than 2 to upto 7 years. Willful contravention or willful failure to comply with the requirement of any regulation Fine upto 1000rs.
References Jain N.K. (2018), “A text book of Forensic Pharmacy”, reprint 2018, Vallabh Prakashan , eighth edition, chapter-12, 318-325. http://www.egazette.nic.in https://www.indiacode.nic.in www.calr.in