I
Terms of Service for Insurance Medical Practitioners1. Incorporation of provisions of Rules, Regulations, etc. - (a) Any provisions of the Punjab employees' State Insurance (Medical Benefit) Rules, 1953 and hereinafter called the Rules affecting the rights and obligations of Insurance Medical practitioners shall be deemed to form part of these terms of service.
(b)The employees' State Insurance (General) Regulations, 1950, shall apply to insurance medical practitioners as if they were insurance medical officers appointed under those regulations.2. Persons for whose treatment the Insurance Medical Practitioner is responsible. - (1) The persons for whose treatment an Insurance medical practitioner is responsible are :-
(a)all insured persons whom he has accepted or agreed to accept for inclusion in his list and who have not been notified to him by the Director of Health Services as having ceased to be on his list;(b)all insured persons who have been assigned to him and who have not been notified to him by the Director of Health Services as having ceased to be on his list;(c)any insured persons, who needs treatment in case of accident or other emergency; and(d)all persons for whom he may be required under the terms of the Allocation Scheme to provide treatment pending their acceptance by a or assignment to an Insurance Medical Practitioner.(2)An Insurance Medical practitioner who is appointed under Rule 13 of the Rules to undertake the treatment of persons on the list of an Insurance Medical Practitioner whose name ceases to be included in themedical list shall, for the period of his appointment, be responsible for the treatment of any persons on that list.(3)The acceptance of an insured person shall be signified by the signing of the Medical Acceptance Card by the Insurance Medical practitioner and the sending of the card to the Director of health Services within such period as may be provided in the Allocation Scheme.(4)Notwithstanding anything containerd in this paragraph, an Insurance Medical Practitioner shall not be responsible under these terms of service for the treatment in hospital of a person admitted thereto for treatment unless he is a member of the staff of that hospital.3. Right of an Insurance Medical practitioner to have a patient removed from his list. - Subject to such conditions as may be imposed by the Allocation Scheme in this behalf an Insurance Medical Practitioner may have the name of any person removed from his list by giving notice at any time to the Director of Health Services stating the reasons for such a request. The removal will become operative at the expiration of fourteen days from the receipt of such notice by the Director of health Servies, or upon the acceptance or assignment of an insurance person to another Insurance Medical Practitioner whichever is earlier: provided that a notice given or expiring during a spell of sickness or temporary disablement of an insured person shall take effect only fourteen days after the date when the insured person is fit to resume work.
4. Evidence of an insured person's title to obtain treatment. - (1) An Insurance Medical Practitioner is entitled to require an insured person claiming to be on his list and applying for treatment, regarding whose identity he has reasonable doubts, to produce his Identity Card.
(2)If such person fails to produce his Identity Card, the Insurance Medical Practitioner is required to give any treatment necessary at that time (including the supply of any drugs or dressings which he would be required to supply to a person on his list and ask him to produce the Identity Card or any other evidence from the employer that he is an insured person when revisits next. If the insured person fails to do so the Insurance Medical Practitioner shall still provide treatment but he may demand and accept from the application a reasonable fee for any treatment given, including any drugs or dressings supplied, provided that he grants the applicant a receipt and intimates the particulars of the case to the Director of Health Services.5. Range of Service. - (1) An Insurance Medical Practitioner is required to render to his patients all proper and necessary treatment. such treatment includes the performance of, or th administration of anesthetics or assistance at, an operation performed by and of the kind usually performed by a general medical practitioner, if administration of the anesthetic or the rendering of such other assistance does not involve the application of special skill or experience of a degree or kind which general practitioners as a class cannot reasonable be expected to possesses.
(2)An Insurance Medical Practitioner is required to arrange for the confinement of an insured woman on his list either by himself or by a registered midwife or trained dai; for which such separate fee, as the State Government, may specify will be paid for the person who conducted the confinement.(3)In the case of emergency including abnormal or difficult maternity cases the Insurance Medical Practitioner is required to render whatever services are, having regard to the circumstances in the best interest of the insured person.(4)In determining whether a particular service is a service involving the application of special skill and experience, regard is to be had to the question whether services of the kind are or are not usually undertaken by general practitioners practising in the area in which the question arose.6. Duties of Insurance Medical Practitioner. - (1) If the condition of the patient is such as a to require treatment or examination which is not within the scope of the Insurance Medical Practitioner's obligations under these terms of service, the Insurance Medical practitioner shall inform the patient of the fact and shall take all necessary steps to enable him to receive such treatment or to have such examination made at such hospital or institution as ha been notified for the purpose by the Director of Health Services.
While referring a case to a hospital the Insurance Medical Practitioner shall, if the condition of the patient so requires, arrange for his transport, by an ambulance or otherwise and any expenses which the Insurance Medical Practitioner has to incur to such transport shall be reimbursed to him by the Director of Health Services.(2)Clinic hours.. - Subject to the approval of the Director of Health Services, the Insurance Medical Practitioner shall fix the time at which his clinic shall remain open for treatment of insured persons. Notice of the time fixed shall be given in such manner as the Director of Health Services may from time to time direct and shall be indicated on a notice board displayed prominently at the Insurance Medical Practitioner's clinic.(3)Clinic accommodation. - An Insurance medical Practitioner is required to provide proper and sufficient clinic and waiting-room accommodation for his patients, having regard to the circumstances of his practice.(4)Inspection of clinic and waiting-room accommodation. - An Insurance Medical practitioner, on receipt of a written request, shall at all reasonable time admit any officer of the corporation duly authorised in this behalf or the Director of Health Services or any person [not below the rank of a gazetted medical officer of the State government] authorised for the purpose by the Director of Health Services or by the Allocation Committee set up under Rule 7 to any clinic or waiting-room for the purposes of inspecting the said clinic or waiting-room.(5)Visiting. - An Insurance Medical Practitioner is required to visit and treat an insured person at his residence whom he has accepted on his list and whose condition is such that the insured person cannot reasonably be expected to come to his clinic.(6)Medical Certificates. - An Insurance Medical practitioner is required to issue to his patients, free of charge, any certificates reasonably required in respect of sickness, maternity, employment, injury and death under the Regulations, or as may be required from time to time by the Corporation or the Director of Health Services.(7)Duty to supply drugs and dressings. - (i) an insurance Medical practitioner is required to supply to a patient free of charge all drugs and dressings as may be required for the proper treatment of the insured person as far as possible in accordance with the State Insurance medical formulary; provided that such drugs and dressings as may be notified by the State Government shall be made available to the Insurance Medical practitioner by the State Government in such manner and subject to such conditions as it may from time to time specify.(ii)The prescription shall be given to the insured person with the medicines.(8)Records. - An Insurance Medical Practitioner is required -(a)to keep such records as the State Government or the Director of health Services may, from time to time, specify in consultation with the Corporation;(b)to maintain a medical record in respect of each insured person on his list on the form laid down and supplied by the Corporation for the purpose and in accordance with the instructions issued by the Corporation in this behalf from time to time;(c)to furnish returns to such forms as may be laid down by the Corporation or the State Government or the Director of Health Services;(d)upon knowledge of the death of an insured person, to forward the medical record to the Director of Heath Services within seven days.(9)Consultation, etc., with Medical Referee. - An insurance Medical practitioner is required -(a)to furnish in writing to the Medical Referee within such reasonable period as the latter may specify any clinical information which he may require with regard to any insured person to whom the Insurance Medical Practitioner has issued or declined to issue a medical certificate;(b)to meet the Medical Referee, at his request, for the purpose of examining in consultation any patient in respect of whom the Insurance Medical Practitioner has sought the advice of the Medical Referee;(c)to afford to the Medical Referee access at all reasonable time to the Insurance Medical Practitioner's clinic or other place where the records required by these terms of service are kept, for the purpose of the inspection of such records, and to furnish to the Medical Referee such records or necessary information with regard to any entry therein as he may request; and(d)to answer any inquiries of the Medical referee with regard to any prescription or certificate issued by the Insurance Medical Practitioner or to any statement made in any report furnished by him under these terms of service.7. Arrangements for practice. - An insurance Medical practitioner shall not carry on [any insurance] practice elsewhere than at his place of residence, or at the clinic stated in his application except upon conditions which appear to the Director of Health Services or on appeal, to the State government, to be such as to enable his obligations under these terms of service, and in particular his obligation to visit his patients, to be adequately carried out. Any conditions so imposed may include a requirement that the insured persons on the list of the Insurance medical practitioner are to be notified at the Insurance medical practitioner's expense of any special arrangements under which his practice is carried on.
8. Acceptance of fees. - An insurance Medical Practitioner shall not demand or accept any fee or other remuneration in respect of any medical treatment, whether under these terms of service or not, rendered to insured person except as provided in para 4(2).
9. Revision of terms of service. - (1) The State Government may, with the consent of the Corporation, after the terms of service from such date as may be approved by the Corporation by giving notice of the proposed alteration to each Insurance Medical Practitioner.
(2)Except in the case of an alternation which results from the coming into operation of any Act of Parliament, the State Government shall, before making an alteration, consult the organisation or organisations which in their opinion is or are representative of the Insurance Medical Practitioners, and the alteration shall not come into operation within a period of three months from the date of the issue of the notice.10. Suspension of system. - (1) The State Government will be at liberty to suspend in consultation with the Corporation the system as a whole if it is found that the system does not work properly or efficiently and shall give three months' notice to each Insurance Medical Practitioner of the date from which the suspension is to take effect.
(2)The State Government may have the name of any individual Insurance Medical Practitioner removed from the list after giving due notice of not less than thre months to the Insurance Medical Practitioner, except in case of gross negligence and misconduct when the period of notice need be only one month.11. Withdrawal from medical list. - As Insurance Medical Practitioner is entitled at any time to give notice to the Director of Health Services that he desires to cease to be an Insurance Medical Practitioner and his name shall be removed from the medical list at the expiration of three months from the date of such notice or of such shorter period as the Director of Health Services may agree :
Provided that if representations are made to the State Government that the continued inclusion of a practitioner as an Insurance Medical Practitioner would be prejudicial to the efficiency of the Employees' State Insurance Scheme, he shall not except with the consent of the Corporation and subject to such condition as the Corporation may propose, be entitled to have his name removed from the list pending the termination of the proceedings on such representation.12. Casual absence of an Insurance Medical Practitioner. - An Insurance Medical Practitioner shall make all necessary arrangement for securing the treatment of his patients where he is unable for any cause, e.g., temporary absence from home or other reasonable cause to give treatment personally and shall inform the Director of Health Services, the Medical Referee and the Local office of the Corporation of any standing arrangements for that purpose and he shall not absent himself from his practice for more than one week without first informing the Director of Health Services of his proposed absence and of the person or persons responsible for conducting his practice during such absence.
13. Continued absence or disability of an Insurance Medical Practitioner. - Where the Director Health Services is satisfied that owing to the continued absence or bodily or mental disability of an Insurance Medical practitioner his obligations under the terms of service are not being adequately carried out, he may, with the consent of the Corporation, give notice to the persons on his list that the Insurance Medical Practitioner is for the time being in his opinion not in a position to carry out his obligations under the terms of service.
14. Disputes, etc. - the terms of the service relating to the following matters are contained in Rules 20 to 24 -
(a)The investigation of questions arising between Insurance Medical Practitioners and their patients and other investigations to be made by the Medical Service Committee and the action which may be take by the Director of Health Services, as the result of such, including the withholding of remuneration from the Insurance Medical Practitioners where there has been a breach of the terms of service.(b)The investigation in respect of prescribing.(c)The investigation of certification.(d)The investigation of record-keeping.15. Issue of notices to Insurance Medical Practitioners. - Any notice which the State Government or the Director, Health Services, is required or authorised by these terms of service to give to an insurance Medical practitioner shall be sufficiently given if it has been delivered to him to sent by post to him at the address which he has last notified to the Director of Health Services as being his place of residence.
16. Remuneration of Insurance Medical Practitioners. - (1) the rate of payment for an Insurance Medical Practitioner shall be fixed by the State Government with the approval of the Corporation. Payment shall be made according to the number of insured persons on his list at the beginning of the quarter to which it relates; provided that no Insurance Medical practitioner shall have more than [persons] [For 750 family units on inclusions of families, as the case may be] , on his list at any time.
[Provided that the State Government may, with the consent of the Corporation raise the limit of maximum number of family units from 750 to 1,000 on the list of an Insurance Medical Practitioner at a place where the special circumstances so require.] (2)The payment shall be made within one month of the end of quarter to which it relates.(3 the capitation fee shall be deemed to include remuneration for -(i)such medical treatment, attendance, etc., as the Insurance Medical Practitioner is required to provide;(ii)maintenance of such surgical and diagnostic instruments as may be laid down for the purpose;(iii)supply of emergency medicines, injections and dressings [(Such medicines as are included in the list of special medicines and which are used in emergency may be replaced)] ;(iv)use of doctor's clinic, telephone, staff, etc.(v)payment in respect of conveyance for domiciliary visits; and(vi)payment in respect of the supply of drugs and dressings not including such drugs and dressings as may, under the provisions of para 6(7) be made available by the State Government, and maintenance of such supply of proper and sufficient medicines and dressings as may be specified.[Removal from the Medical List. - (1) If the Insurance Medical Practitioner fails to maintain proper and sufficient equipment, clinic and waiting -room accommodation for patients and also fails to make up the deficiency within such period as may be fixed by the Allocation Committee set up under Rule 7, the case for the removal of his name from the Medical List shall be considered by the Director of Health Services, Punjab.] (2)If the Insurance Medical Practitioner, after one year of coming on the list of Insurance Medical Practitioners, fails to have thirty insured persons on his list, his name may be removed by the Director of Health Services, from the Medical List.][17. An Insurance Medical practitioner, shall have minimum of 30 insured persons on his list within one year of his joining as Insurance Medical Practitioner. If after one year of the practitioner's coming on the medical list he does not have this minimum number of insured persons his name may be removed by the Director of Health Services, from the medical list. This limit may, however, be relaxed by the Director of Health Services, if there is no Insurance Medical Practitioner available within a radium of one mile.]
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Application should be marked outside on the cover"Application for inclusion in Medical List"Form of application for use of candidates of inclusion in medical List as Insurance Medical Practitioner under the Employees' State Insurance Scheme(To be returned to the Director of Health Services, Punjab).1. Name in full (in block letters) ................................
2. Date and place of birth ........................................
3. Next of kin ....................................................
4. Married or single ..............................................
5. Basic Medical qualifications and other post-graduate qualifications -
University of Examining Board, Particulars of Qualification, Date of Qualifications6. [(a)] Are you registered ? If so, state registration No.
(b)[ Whether member of any medical association ? If so, give particulars.] 7. Full residential address .........................................
8. Full address of clinic ...........................................
9. Distance between residence and clinic ...........................
10. Date from which practising in the locality .......................
11. Clinic accommodation .............................................
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12. Have (1) a separate consultation room ?
(2)space where patients can wait under cover ?(3)your own dispensing arrangements ?13. clinic hours .. Morning .............. Evening.............
14. For how many hours of you attend at the clinic yourself?
15. What ancillary staff do you employ in the clinic ?, Designation Compounder Clerk Attendant Other, Full-time, Part-time
16. [] (a) Are you employed in part-time work ?
(b)If so, state hours spent daily (in such appointments)........17. [] Is a conveyance maintained ?
If so, state nature.18. [] Have you a telephone/telephones.
If so, state numbers, clinic ............ residence......19. [] Previous, if any, dismissal or disciplinary action by the Registration Council ........................
20. [] If selected on the medical list how many insured persons are you prepared to have on your list ................
I, ............... a candidate for inclusion in the medical in the medical list as an Insurance Medial Practitioner under the Employees' State Insurance Scheme, declare that the particulars given above are true and correct to the best of my knowledge and belief.I have read and understood the terms of service and agree to abide by them if included in the medical list.Date .................Signature of candidate
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Allocation Scheme1. Clinic, etc., of the practitioner. - In order to ensure that an Insurance Medical Practitioner has proper and sufficient clinic and waiting-room accommodation for his patients, having regard to the circumstances of the practice, the Allocation Committee shall before approving applications from practitioners for inclusion in the medical list have regard to the following factors :-
(1)The place of practice shall be within a reasonable distance of the places where the insurance persons reside;(2)the practitioner shall, if possible, reside at or near his place of practice;(3)there shall be reasonable accommodation where patients may wait under cover and separate accommodation where the patient can be seen and examined in privacy;(4)the practitioner shall be physically fit;(5)there shall, if possible, be a telephone connection.2. Period within which notice of acceptance must be given. - Notice of acceptance of an insured person must be sent by the Insurance Medical practitioner by sending the medical acceptance card to the Director of Health Services within seven days of the date of acceptance.
3. Duty of practitioner on refusing to accept applicant. - It shall be the duty of an Insurance Medical Practitioner who refuses to accept an insured person, who applies for acceptance -
(a)to give the applicant such treatment, if any, as may be [necessary] pending his acceptance by or assignment to another Insurance Medical Practitioner;(b)to inform the applicant of the name and address of any neighbouring Insurance Medical Practitioner(s) to whom application for acceptance might be made and to inform him of the address of the Director of Health Services for the purpose of enabling the person, if necessary to secure assignment to an Insurance Medical Practitioner.4. Assignment of persons to practitioners. - (i) If any insured person, having been refused acceptance by the Insurance Medical Practitioner to whom he applied gives notice to the Director of Health Practitioner to whom he applied gives notice to the Director of Health Services that he desires to be assigned to an Insurance Medical Practitioner, the matter shall stand referred to the Allocation Committee, who shall assign him to such Insurance Practitioner as they think fit.
(ii)Where the Director of Health Services on the death, removal or withdrawal of an Insurance Medical Practitioner from the medical list, has nominated one or more successors to the practice and issued notices under Rule 13 to any person whose name appears on the doctor's list, the persons shall be deemed to be included in the list of the Insurance Medical Practitioners named in the notice as from the date of the notice unless and until the person has chosen another Insurance Medical Practitioner or given notice in writing to the Director of Health Services of his desire not to be so included.(iii)In making any assignment the Allocation Committee shall have regard to the distance between the residence of the person and the various Insurance Medical Practitioners and touch other circumstances as appear to them to be relevant.(iv)The Allocation Committee may authorise their Chairman or any other member of members to exercise the power of assignment under this paragraph in cases in which action is necessary before a meeting of the Committee can conveniently be held.5. Provision of treatment in emergencies. - (i) If the Insurance Medical Practitioner responsible for a person's treatment is not available for giving the person any treatment immediately required owing to an accident or other emergency, it shall be the duty of an Insurance Medical Practitioner who may be summoned or to whom the insured person is taken to give any necessary treatment.
(ii)Where an Insurance Medical Practitioner renders emergency treatment the Director of Health Services shall, as soon as information thereof comes to his notice, inform the Insurance Medical Practitioner on whose list the name of the person appears.(iii)The Allocation Committee shall have power on application to exempt an Insurance Medical Practitioner, on the ground of age or infirmity from any liability for emergency night calls to insured persons not on his list.6. Limitation of Practitioners List. - (i) The number of insured persons on the list of Insurance Medical Practitioner shall belimited to a maximum of [1,000] persons [or 750 family unit on inclusion of families, as the case may be:
Provided that the Allocation Committee shall have the powers to fix a lower maximum number for an Insurance Medical Practitioner in consideration name for inclusion in the Medical List.] [Provided further that the State Government may, with the consent of the Corporation raise the limit of maximum number of family units from 750 to 1,000 on the list of an Insurance Medical Practitioner at a place where the special circumstances so required.] (ii)The imposition of a limit of numbers shall not exempt an Insurance Medical Practitioner from any liability to give treatment immediately required to any person who applies for acceptance, or to give emergency treatment under paragraph 5 of this scheme.(iii)If the number of persons exceeds the limit fixed under paragraph 6(i) above the Insurance Medical Practitioner shall not accept further persons on his list until he has taken steps to bring the number within the limit by informing the Director of Health Services within the names of the necessary number of persons on his list for whom he intends to discontinue responsibility for treatment, in which event the Director of Health Services shall thereupon give notice to the person in accordance with Clause 7 of this scheme.7. Right of Insurance Medical Practitioner to have person removed from his list. - (i) If an Insurance Medical Practitioner gives notice to the Director of Health Services of his desire to have a person removed from his list, the Director of Health Services shall notify the person accordingly, and shall inform him that he should apply to another Insurance Medical Practitioner for acceptance. The person's name shall be removed from the Insurance Medical Practitioner's list as from the date on which the person is accepted by a assigned to another Insurance Medical Practitioner, or at the expiration of a period of fourteen days from the date of receipt of such notice by the Director of Health Services, which ever first occurs.
(ii)If an Insurance Medical Practitioner has given notice to the Director of Health Services of his desire to have a person removed from his list and the person is, at the date when the removal would take effect, receiving treatment from the Practitioner, the Insurance Medical Practitioner shall notify the Director of Health Services of the person's incapacity, and the removal shall not take effect,unless the person in the meantime applies to and is accepted by another Insurance Medical Practitioner until fourteen days from the date of receipt of a notice by the Director of health Services from the Insurance Medical practitioner that in the Insurance Medical Practitioner's view the person's condition is such that he no longer requires treatment from him; but this paragraph shall not apply apply in any case in which owing to the chronic nature of the person's illness, treatment is being given at less frequently intervals than one week.