Bare ActsThe KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007

Section 28

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Repeal and Savings:- (1) The Karnataka Private Nursing Homes (Regulation) Act, 1976 (Karnataka Act 75 of 1976) is hereby repealed. (2) Notwithstanding such repeal,- (a) anything done or any action taken under the repealed Act shall be deemed to have been done or taken under the corresponding provisions of this Act; 32 (b) all applications made under the repealed Act for registration or renewal prior to the commencement of this Act and pending consideration on the date of commencement of this Act shall abate and the fee paid, if any, in respect of such application shall be refunded to the applicant and such applicants may apply afresh for Registration under the provisions of this Act. 1[SCHEDULE (see clause (s) of section 2 and section 11B) PATIENT'S CHARTER AND ESTABLISHMENT CHARTER I. PATIENT’S CHARTER A. PATIENT’S RIGHTS: (1) Care.- Every Patient shall have,- (i) a right to receive treatment irrespective of the type of primary and associated illnesses, socio-economic status, age, gender, sexual orientation, religion, caste, cultural preferences, linguistic and geographical origins or political affiliations; (ii) right to receive treatment in cases listed at sub-section (i) of section 11 without being asked for advance payment; (iii) right to be heard of his medical problem and concerns; (iv) expectation from the doctor to write the prescription legibly and explain him on the details on dosage, dos and don’ts and generic options for the medicines; (v) to be provided with information and access on whom to contact in case of an emergency; (vi) right to be treated as per the standard protocol prescribed under clause (c) of sub-section (2) of section 9A; (vii) right to know the information regarding the schedule of charges in the manner prescribed under sub-section (1) of section 10 33 (viii) right to be charged not more than the rates notified under sub- section (1) of section 10; and (ix) right to receive clinical records in accordance with sub-section (3) of section 12. (2) Confidentiality and Dignity.- (a) Every Patient shall have,- (i) right to personal dignity and to receive care without any form of stigma and discrimination; (ii) privacy during examination and treatment; (iii)protection from physical abuse and neglect; (iv) provision for spiritual and cultural preferences; and (v) right to confidentiality about their medical condition. (b) In the event of death of a patient, his family members shall have the right to receive the dead body immediately without being asked for prior payment of the dues in accordance with clause (vi) of section 11. (3) Information.- Every Patient or his authorised family member shall have right to,- (i) information to be provided to him which are meant to be and in a language of the patient’s preference and in a manner that is effortless to understand,- (ii) receive complete information on the medical problem, prescription, treatment and procedure details; (iii) a documented procedure for his informed consent to enable him to make an informed decision about his care to be practiced with utmost diligence and transparency; (iv) be educated on risks, benefits, expected treatment outcomes and possible complications to enable him to make informed decisions and involve him in the care planning and delivery process; (v) request information on the names, dosages and adverse effects of the medication that they are treated with; 34 (vi) request access and receive a copy of his clinical records; (vii) complete information on the expected cost of treatment presented as an itemised structure of the various expenses and charges; (viii) information on hospital rules and regulations; and (ix) information on organ donation. (4) Preferences.- Every Patient shall have right to,- (i) seek a second opinion on his medical condition; and (ii) get his treatment options, so that he can select what works best for him. (5) Right to redress.- Every Patient shall have right to,- (i) justice through an authority dedicated for this purpose by the healthcare provider organization or with Government Grievance Redressal authorities; (ii) a fair and prompt hearing of his concern; and (iii)appeal to a higher authority in the private medical establishment and insist in writing on the outcome of the complaint. B. PATIENTS’ RESPONSIBILITIES.- (1) Honesty in Disclosure.- Every Patient shall be honest with the treating Doctor in disclosing family or medical history. (2) Treatment Compliance.- Every patient shall,- (i) be punctual for appointments; (ii) do the best to comply with the doctor’s treatment plan; (iii) have realistic expectations from the doctor and his treatment; (iv) inform and bring to the doctor’s notice if it has been difficult to understand any part of the treatment or of the existence of challenges in complying with the treatment; and 35 (v) display intent to participate intelligently in medical care by actively involving in the prescribed do-at-home activities. (3) Intent for Health Promotion.- Every patient shall do everything in capacity to maintain healthy habits and routines that contribute to good health and take responsibility for health. (4) Transparency and Honesty.- Every patient shall,- (i) make a sincere effort to understand therapies which include the medicines prescribed and their associated adverse effects and other compliances for effective treatment outcomes; (ii) not ask for surreptitious bills and false certificates, and/or advocate forcefully by unlawful means to provide with one; (iii)in the event of not being happy, shall inform and discuss with doctor; and (iv) report fraud and wrong-doing. (5) Conduct.- Every patient shall,- (i) respect the doctors and medical staff caring and treating; (ii) abide by the Hospital or facility rules; (iii)bear the agreed expenses of the treatment that is explained to in advance and pay bills on time in accordance with section 10; and (iv) not involve in abusing, assaulting or causing harm to the Doctor or staff of Hospital. (any contravention may attract penalty under the Karnataka Prohibition of Violence Against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 2009 (Karnataka Act 01 of 2009)) II. PRIVATE MEDICAL ESTABLISHMENT’S CHARTER:- (1) Transparency and Honesty.-Every Private Medical Establishment shall,- 36 (i) provide a printed schedule of fee for office visits, procedures, testing and surgery and provide itemized bills; and (ii) inform the doctor's qualifications to perform the proposed diagnostic measures or treatments. (2) Patient Friendly.-Every Private Medical Establishment shall,- (i) schedule appointments in such a manner that it may allow patient the necessary time to interact and examine him with minimal waiting times and listen to his problems and concerns without interruptions or distractions; and (ii) encourage patient to bring a friend or relative into the examining room with him. (3) Effective Communication for Patient Education.- Every Doctor shall,- (i) explain the patient prognosis, further diagnostic activity and treatment in simple terms such that it facilitates easy understanding to him; (ii) prescribe an Information, Therapy and discuss with the patient diagnostic treatment and medication options, to enable him to make well-informed of decisions; and (iii) not proceed until the patient is satisfied and convinced that he understands the benefits and risks of each alternative and he has his agreement on a particular course of action. (4) Implementation of the patient charter.- Every Private Medical Establishment shall,- (i) publish the patient charter in Kannada and English; (ii) display the patient charter prominently and at multiple locations in the healthcare provider setting; and 37 (iii) implement the patient charter in its true spirit in everyday medical practice.]1

Section 28 – The KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007 | DailyLaw.ai