INJURED PERSONS
(MEDICAL AID) ACT, 2004
( XII OF
2004)
[16th December, 2004]
An
Act
to
make provisions for medical aid and treatment of injured persons
WHEREAS there is misconception about
the law and procedure with regard to medical aid and treatment of injured
persons before completion of medico-legal formalities;
WHEREAS due to this misconception the
medical aid and treatment of injured persons is very often delayed and many
casualties have occurred because of delayed treatment;
AND WHEREAS it is necessary to make
provisions for medical aid and treatment of injured persons to save their lives
and protect their health during emergency; It is hereby enacted as follows:-
1.
Short title,
extent and commencement.— (1) This Act may be called the Injured Persons
(Medical Aid) Act, 2004.
(3)
It shall come into force at once.
2.
Definitions.—
In this Act, unless there is anything repugnant in the subject or context,–
(a) “doctor” means a medical
practitioner registered under the Medical and Dental Council Ordinance, 1962 (
XXXII of 1962);
[2][“(b) “Government” means Government of the Punjab;]
(c)
“hospital” means a hospital notified under section 7;
and
(d)
“injured person” means a person injured due to traffic
accident, assault or any other cause who is in need of an immediate treatment.
3.
Injured
persons to be treated on priority basis.— Where an injured person is
brought to a hospital, he shall be provided medical aid without delay on
priority basis over all other medico-legal formalities.
4.
Non-interference
by the police.— No police official or officer shall interrupt or interfere
during the period an injured person is under treatment in a hospital except
with the written permission of the Incharge of the hospital:
Provided that such
permission shall not be given unless it is necessary in connection with an
investigation which may be carried out in the hospital so long as the injured
person is under treatment.
5.
Consent of
relatives not required in certain cases.— Where an injured person requires
emergency treatment or operation, the doctor treating or operating the injured
person need not wait for the consent of the relatives:
Provided that if the relatives are present it would be
preferable that such treatment or operation may be carried out with the consent
of such relatives.
6.
Shifting of
an injured person to another hospital.— (1) An injured person shall not be
shifted from a hospital until he is stabilized or the requisite treatment is
not available in such hospital and while shifting him to another hospital, the
doctor concerned shall complete the relevant documents with regard to the
clinical conditions of the patient and hand over such documents to the
concerned doctor of the receiving hospital.
(2)
The record referred to in subsection (1) shall be
maintained by the referring hospital as well as the receiving hospital and the
incharge of the hospital shall be responsible for ensuring that such record is
kept in a safe custody where it cannot be tampered with:
Provided that
where necessary an injured person shall not be shifted unless he is accompanied
by a doctor of the referring hospital.
7.
Hospitals to
be notified.— The Government shall, by notification in the official
Gazette, notify the Government hospitals having in-patient beds and also having
facilities to deal with the emergencies to provide medical aid and treatment to
the injured persons:
Provided that in
areas where above referred facility is not available, a rural health center
established by a Government or a local government in that area having facility
to deal with the emergencies, may be notified a hospital for the purposes of
this Act.
8.
The injured
person not to be taken to police station.— (1) Under no circumstances an
injured person be taken to a police station before necessary medical aid and
treatment is given.
(2)
The police officer is bound to ensure that the injured
person is treated in a hospital as provided in this Act before any medico-legal
procedure is undertaken. The police officer shall not in any way influence the
doctor or to give any opinion about the type and details of injury of the
injured person.
9.
The person
bringing the injured person to hospital not to be harassed.— The person who
on humanitarian basis, in particular in traffic accident cases, brings an injured
person to a hospital shall not be harassed and shall be shown due respect and
acknowledged for helping the injured. He should be allowed to leave the
hospital after taking down his name, address, telephone number and he shall
provide a copy of his National Identity Card within three days; if the same is
not immediately available with him or any other proof to the satisfaction of
Incharge of the hospital:
Provided that
nothing herein contained shall absolve the person bringing an injured person to
hospital from any liability under any law for the time being in force for
causing injury to such person.
10.
Awareness
campaign.— An awareness campaign shall be carried out regularly to educate
the public, medical professionals and the police about medico-legal procedures.
11.
Penalty.—
Whoever contravenes or violates the provisions of this Act or the rules made
there under shall be punishable with imprisonment which may extend to two
years, or with fine not less than ten thousand rupees, or with both, in
addition to any other penalty to which he may be liable under any other law for
the time being in force:
Provided that
where penalty of fine is imposed half of such fine shall be paid to injured
person or his heirs, as the case may be, as compensation:
Provided further
that the Court may direct the Medical and Dental Council under the Medical and
Dental Council Ordinance, 1962 (XXXII of 1962) to cancel the registration of a
doctor convicted by the Court.
12.
Cognizance
of cases.— (1) No Court shall take cognizance of a case under this Act,
except upon a complaint made by an officer authorized in writing in this behalf
by the Government.
(2)
The Government shall notify authorized officers under
sub-section (1) within thirty days of the commencement of this Act.
13.
Instructions.—
The Government may issue instruction from time to time to carry out the
purposes of this Act and the defaulting doctor or the police official or
officer shall be liable to disciplinary action for contravention of such
instructions, besides the penalty to which he may be liable under section 11.
[3][14.
Rules making power.— The Government
may make rules to carry out the purposes of this Act].
[1]
The word “Pakistan” is substituted by the words “The Punjab” by the Injured
Persons (Medical Aid) ( Amendment) Act, 2012 (III of 2012).
[2] Section 2 clause
(b) is substituted as “Government” means Government of the Punjab by the
Injured Persons (Medical Aid) (Amendment) Act, 2012 (III of 2012)
[3] Section 14 is
substituted as “Rules making power.— The
Government may make rules to carry out the purposes of this Act” by the Injured
Persons (Medical Aid) (Amendment) Act, 2012 (III of 2012).
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