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TOP 5 HEALTH LAWS & POLICY UPDATES

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.

India’s Competition Watchdog gets new powers to issue interim orders to stop potentially infringing action, until case is finally decided
The Indian Government has made Section 33 of The Competition Act, 2002 effective from 20th February 2024. The Section gives powers to Competition Commission of India (CCI) to prevent commission of any potentially anti-competitive action or combination, including mergers and acquisitions, until it reaches a final decision on the matter. This new power puts the CCI’s powers on par with that of other anti-trust regulators around the world.
Source: bit.ly/4bFlPhj

Under narcotics law, the weight of carrier articles used to carry narcotics cannot be included in calculation of weight of narcotics seized: High Court
India’s Delhi High Court has held that ‘carrier articles’ do not qualify as ‘neutral substances’ in which narcotics are mixed, and therefore their weight cannot be included in the calculation of the weight of the narcotics seized from the accused. The weight of contraband is a critical criteria in deciding whether the quantity of contraband seized from accused is of small quantity or commercial quantity, which has direct ramification on accused’s ability to get bail and ultimately on the tenure of imprisonment.
Source: bit.ly/4bD9OJv

India’s Insurance Regulator will increase scrutiny of health and savings plan aimed at elderly in a bid to keep a check on misselling
India’s insurance regulator, the Insurance Regulatory and Development Authority of India (IRDAI), is proposing to introduce several checks in insurance products aimed at the elderly, including mandatory video verification before policy acceptance. There is also a proposal to restrict targets and incentives for insurance products sold to elderly through banks.
Source: bit.ly/4bFHWEr

Acute shortage of Doctors licensed to inspect workers in hazardous industries and food establishments reported in Maharashtra
Maharashtra’s labour department has reportedly not renewed licenses of many authorized certifying surgeons (ACS) for the past one and half years. The ACS are responsible for carrying out medical examination of workers in hazardous industries once in six months, and very hazardous industries once every month.
Source: bit.ly/3I7fm1c

Telemedicine abortions are safe and effective: Study.
A study published in Nature Medicine has confirmed that telemedicine abortions conducted after video call or text message consultations are safe and effective as in-person care. In India, medical termination of pregnancy (MTP) is not permitted except under direct supervision of a registered medical practitioner duly qualified to conduct MTP.
Source: bit.ly/3OPUNKB

Posted on

TOP 5 HEALTH LAWS & POLICY UPDATES

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.

Indian Government tacitly endorses use of AI in screening patients
India has started a pilot telemedicine project called “Aarogya-Doctor on Wheels”. The unique aspect of the pilot project is that it is leveraging Artificial Intelligence (AI) for screening patients. The patient narrates his illness or complaint in his native language and the AI understands the language and responds to the patient in the same language. Once the patient has been screened, he is referred to a specialist doctor for teleconsultation.
Source: bit.ly/3SISGt8

Code for regulation of marketing practices of medical devices industry will continue to remain in a draft form for some time
The Department related Standing Committee on Chemicals and Fertilizers has stated that draft Uniform Code for Pharmaceutical/Medical Device Marketing Practices (“UCMPMD”) will be finalized once the Supreme Court adjudicates a related writ petition, in which it has been prayed that code for regulation of pharmaceutical marketing practices (UCPMP) be given the status of law.
Source: bit.ly/49J8Mdb

Home based care models should be developed specifically for elderly population: Government Policy Think Tank
Taking note of the fact that there are more than 100 million elderly people in India, India’s apex government think-tank, NITI Ayog, has made case for development of Comprehensive and Integrated Senior Care Package. The package will include all aspects of senior care such as home-based care models, R&D in geriatric care, palliative and end-of-life services, Capacity building healthcare professionals and caregivers, development of assistive devices such as Mobility aids, Personal emergency response systems, Medication reminders, Smart home technology and Hearing and visual aids.
Source: bit.ly/3T5XYjP

Courts should be slow in granting anticipatory bail in narcotic matters, if the quantity is large: Supreme Court
India’s Supreme Court has held that in bail matters pertaining to dealing in illegal Narcotics Drugs and Psychotropic Substances, the Courts should first satisfy itself that accused may not be guilty of the offence alleged and that accused is not likely to commit any offence while on bail.
Source: bit.ly/3uGeCx2

Promotion of prescription drugs by Social Media Influencers in US a cause of concern, but US FDA may not have jurisdiction to regulate them
The US Food and Drug Administration (US FDA) is under scrutiny for its inability to regulate social media influencers engaged in marketing of prescription drugs without providing warnings about risks associated with their use. US FDA is reportedly unsure whether it can or cannot regulate such actions of social media influencers.
Source: bit.ly/3OMCYfj