Dear Reader, We are happy to share the most interesting legal and policy updates concerning health industry that we read today. We hope you enjoy reading it.
𝐃𝐨𝐜𝐭𝐨𝐫 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐯𝐢𝐜𝐚𝐫𝐢𝐨𝐮𝐬𝐥𝐲 𝐥𝐢𝐚𝐛𝐥𝐞 𝐭𝐨 𝐩𝐚𝐲 𝐜𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧 𝐞𝐯𝐞𝐧 𝐢𝐟 𝐡𝐢𝐬 𝐚𝐝𝐯𝐢𝐜𝐞 𝐰𝐚𝐬 𝐩𝐫𝐨𝐩𝐞𝐫 𝐛𝐮𝐭 𝐰𝐚𝐬 𝐧𝐨𝐭 𝐟𝐨𝐥𝐥𝐨𝐰𝐞𝐝 𝐛𝐲 𝐡𝐨𝐬𝐩𝐢𝐭𝐚𝐥 𝐬𝐭𝐚𝐟𝐟: 𝐍𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐨𝐧𝐬𝐮𝐦𝐞𝐫 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧
India’s apex consumer forum, the National Consumer Disputes Redressal Commission (NCDRC), has imposed a compensation of Rs. 30 Lakhs on a hospital and its doctors for deficiency in providing post operative care to patient. The NCDRC observed that failure to intubate the patient by hospital staff, including anaesthetist, despite the written advice of reintubation by the surgeon who had performed the surgery on the patient, amounted to medical negligence which left the patient in permanent vegetative state. The commission held that the surgeon was vicariously liable for the negligent actions of the hospital staff, along with the hospital.
Source: bit.ly/3THv6id
𝐁𝐫𝐢𝐜𝐤 𝐚𝐧𝐝 𝐦𝐨𝐫𝐭𝐚𝐥 𝐫𝐞𝐭𝐚𝐢𝐥 𝐩𝐡𝐚𝐫𝐦𝐚𝐜𝐢𝐞𝐬 𝐚𝐫𝐞 𝐩𝐫𝐨𝐩𝐨𝐬𝐢𝐧𝐠 𝐭𝐨 𝐜𝐫𝐞𝐚𝐭𝐞 𝐬𝐢𝐧𝐠𝐥𝐞 𝐩𝐫𝐨𝐜𝐮𝐫𝐞𝐦𝐞𝐧𝐭 𝐞𝐧𝐭𝐢𝐭𝐲 𝐚𝐭 𝐝𝐢𝐬𝐭𝐫𝐢𝐜𝐭-𝐥𝐞𝐯𝐞𝐥 𝐢𝐧 𝐞𝐚𝐜𝐡 𝐒𝐭𝐚𝐭𝐞 𝐭𝐨 𝐛𝐞 𝐚𝐛𝐥𝐞 𝐭𝐨 𝐩𝐚𝐬𝐬 𝐝𝐢𝐬𝐜𝐨𝐮𝐧𝐭𝐬 𝐭𝐨 𝐜𝐮𝐬𝐭𝐨𝐦𝐞𝐫𝐬, 𝐚𝐧𝐝 𝐜𝐨𝐮𝐧𝐭𝐞𝐫 𝐞-𝐩𝐡𝐚𝐫𝐦𝐚𝐜𝐢𝐞𝐬: 𝐑𝐞𝐩𝐨𝐫𝐭
India’s biggest association of brick and mortal retail pharmacies, The All India Organization of Chemists and Druggists (AIOCD), has reportedly proposed that it will guide its state branches to form a single entity, ‘distribution entity’ at every district or taluka level. AIOCD believes that having a single procurement and distribution entity will result in reduction of operational expenses, multiple licensing and tax payments for the unorganized distributors and chemists. It should also result in ability of retailers to pass more discounts to end consumers to ward-off the threat of e-pharmacies.
Source: bit.ly/43uy3G9
𝐄-𝐰𝐚𝐬𝐭𝐞 𝐄𝐏𝐑 𝐪𝐮𝐚𝐫𝐭𝐞𝐫𝐥𝐲 𝐚𝐧𝐝 𝐚𝐧𝐧𝐮𝐚𝐥 𝐫𝐞𝐭𝐮𝐫𝐧 𝐟𝐢𝐥𝐢𝐧𝐠 𝐭𝐢𝐦𝐞𝐥𝐢𝐧𝐞𝐬 𝐦𝐚𝐲 𝐛𝐞 𝐫𝐞𝐥𝐚𝐱𝐞𝐝
India’s Ministry of Environment has notified the E-Waste (Management) Amendment Rules, 2024. The amendment has given the Ministry the power to relax the timelines for the filing of returns and reports by the manufacturer, producer, refurbisher or recycler, up to a period of nine months. As of now, the annual return filing date for manufacturers and producers of electrical and electronic equipment (EEE) is 30th April 2024.
Source: bit.ly/48Z5npS
𝐌𝐚𝐫𝐤𝐢𝐧𝐠 𝐟𝐞𝐞 𝐟𝐨𝐫 𝐮𝐬𝐞 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚𝐧 𝐒𝐭𝐚𝐧𝐝𝐚𝐫𝐝 (𝐈𝐒) 𝐦𝐚𝐫𝐤 𝐫𝐞𝐝𝐮𝐜𝐞𝐝 𝐟𝐨𝐫 𝐬𝐭𝐚𝐫𝐭-𝐮𝐩𝐬, 𝐦𝐢𝐜𝐫𝐨, 𝐬𝐦𝐚𝐥𝐥 𝐚𝐧𝐝 𝐰𝐨𝐦𝐞𝐧-𝐥𝐞𝐝 𝐞𝐧𝐭𝐞𝐫𝐩𝐫𝐢𝐬𝐞𝐬
India’s Department of Consumer Affairs has recently introduced concessions for the annual minimum marking fee for use of Indian Standard (IS) mark. As per the revised Bureau of Indian Standards (BIS) (Conformity Assessment) Regulations 2018, micro-scale enterprises and startup enterprises will receive a concession of 80% against the prescribed annual marking fees as applicable to the particular product category, small-scale enterprises will receive a concession of 50%, and women-entrepreneur enterprises will receive an extra concession of 10%. These concessions are available until May 31, 2026.
Source: bit.ly/49MllVu
𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚 𝐝𝐫𝐚𝐰𝐬 𝐭𝐡𝐞 𝐥𝐢𝐧𝐞 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 𝐚𝐝𝐯𝐞𝐫𝐭𝐢𝐬𝐢𝐧𝐠 𝐡𝐞𝐚𝐥𝐭𝐡𝐜𝐚𝐫𝐞 𝐬𝐞𝐫𝐯𝐢𝐜𝐞𝐬 𝐭𝐡𝐚𝐭 𝐮𝐬𝐞 𝐡𝐞𝐚𝐥𝐭𝐡𝐜𝐚𝐫𝐞 𝐩𝐫𝐨𝐝𝐮𝐜𝐭𝐬, 𝐚𝐧𝐝 𝐚𝐝𝐯𝐞𝐫𝐭𝐢𝐬𝐢𝐧𝐠 𝐡𝐞𝐚𝐥𝐭𝐡𝐜𝐚𝐫𝐞 𝐩𝐫𝐨𝐝𝐮𝐜𝐭𝐬
Australia’s drugs and cosmetics regulator, the Therapeutic Goods Administration (TGA), has prohibited direct or indirect references to prescription-only substances including terms such as “anti-wrinkle injections” and “derma fillers” by healthcare service providers such as hospitals. As per TGA, it should be clear in an advertisement for healthcare services that use healthcare products, such as cosmetic injection services, that the customer is being offered a health-practitioner-led consultation and that, depending on the outcome of the consultation, this may or may not lead to the provision of a prescription and injection.
Source: bit.ly/49O6Sbw