Jaipur: Doctors cannot be arrested without prior approval from SP level officer and FIRs against alleged instances of violence against doctors and medical professionals have to be filed within six hours of receiving a complaint from the institute’s nodal officer, as per the recently issued revised standard operating procedures (SOPs) by the Rajasthan Home Department
The State Home Department recently issued the SOPs to protect medical professionals from harassment and false allegations by strengthening the security measures at the healthcare institutes, TOI has reported.
These SoPs focus mainly on security at large hospitals and specialized medical facilities. By identifying such institutes, the Health and Medical Education Departments will work with the local police to ensure regular patrolling at such institutes.
FIRs within 6 Hours:
As per the latest media report by the Times of India, the SoPs further state that the Station in-charges must act swiftly in cases of violence against medical professionals. They further require that the FIRs be lodged within six hours of a complaint received from the nodal officer of the concerned institute.
Medical Dialogues had earlier reported that last year after the RG Kar incident, the Union Health Ministry had also issued strict directions to medical institutes and hospitals across the country asking them to file an institutional FIR within six hours of an incident of violence against any healthcare worker on duty,
The Director General of Health Services (DGHS) Dr. Atul Goel shared this Office Memorandum with the directors and medical superintendents of central government hospitals, including AIIMS, and the directors/principals of all medical colleges across the country.
The new SoP issued by Rajasthan Home Department further states that if a hospital does not come under the police station then a zero FIR will be registered there and be sent forward, ETV Bharat has reported.
Regular Police Patrolling to Monitor Security Measures:
The SOP also states that the concerned police station will have to monitor the security arrangements in the hospital by regularly patrolling the facility from time to time.
Prior Approval from SP Level Officer Before Arresting Doctors:
Aiming to protect medical professionals from frivolous complaints, the SoPs have also made it mandatory for the concerned police station to get approval from an SP Level officer for the arrest of the doctors, even if a case has been registered against the doctors, ETV Bharat has reported.
According to the SOP issued by the Additional Chief Secretary of the Home Department, Anand Kumar, many times, the patient’s relatives register criminal cases against medical personnel based on incomplete information during the patient’s treatment. In such cases, the doctors have to suffer mental harassment resulting in a negative impact on their working capacity and reputation.
Under the revised protocol, if gross medical negligence is found during the treatment provided by a doctor and it is found necessary to arrest him, then the concerned police station will have to get approval from the Superintendent of Police and Deputy Commissioner of Police.
Postmortem Mandatory for Patient’s Death:
They further state that the complaints of medical negligence would not be treated as routine cases and if a patient’s death is involved, it would be mandatory to conduct a postmortem.
As per the SoP issued by ACS Anand Kumar, if a patient dies due to alleged medical negligence and its report is registered in the police station then under Section 194 of the Indian Civil Protection Code 2023 Act, Videography of the post-mortem should be done compulsorily in such a situation.
Preliminary Probe Through Independent Panel within 14 Days:
Besides, the SoPs also state that the police must conduct a preliminary probe through an independent panel of medical experts within 14 days before proceeding with legal action such as lodging an FIR. However, it also states that legal action would be taken against the complainant if the allegations are found to be baseless.
Expert Panel Opinions Required for Medical Negligence Cases:
Under the revised SoPs, the medical colleges and chief medical officers have been asked to set up expert panels within three days to provide unbiased opinions on cases of medical negligence. However, in serious cases involving deaths and grievous injuries, it is required to convene a specialized board of experts.
Boycotting Work Not Allowed:
ETV Bharat has reported that as per the new SoP, in case of any untoward incident or to get any of their demands accepted, the medical staff will not boycott work and put forth their views and demands before the Government per the law.
These SoPs have been issued by the State Home Department in response to the Supreme Court directives issued after the brutal rape and murder case of a PG trainee doctor at RG Kar Medical College and Hospital in Kolkata.
