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Union of India - Section

Section 5 in The Medical Termination Of Pregnancy Rules, 2003

5. Approval of a place

(1)No place shall be approved under clause (b) of section 4,
(i)unless the Government is satisfied that termination of pregnancies may be done therein under safe and hygienic conditions; and
(ii)unless the following facilities are provided therein, namely:
in case of first trimester, that is, up to 12 weeks of pregnancy:a gynaecology examination/labour table, resuscitation and sterilization equipment, drugs and parental fluid, back up facilities for treatment of shock and facilities for transportation; and in case of second trimester, that is up to 20 weeks of pregnancy:
(a)an operation table and instruments for performing abdominal or gynaecological surgery;
(b)anaesthetic equipment, resuscitation equipment and sterilization equipment;
(c)drugs and parental fluids for emergency use, notified by Government of India from time to time.
Explanation. In the case of termination of early pregnancy up to seven weeks using RU-486 with Misoprostol, the same may be prescribed by a Registered Medical Practitioner (RMP) as defined under clause (d) of section 2 of the Act and rule 4 of MTP Rules, at his clinic, provided such a Registered Medical Practitioner has access to a place approved under section 4 of the MTP Act, 1971 read with MTP Amendment Act, 2002 and rules 5 of the MTP Rules. For the purpose of access, the RMP should display a certificate to this effect from the owner of the approved place.
(2)Every application for the approval of a place shall be in Form A and shall be addressed to the Chief Medical Officer of the District.
(3)On receipt of an application under sub-rule (2), the Chief Medical Officer of the District may verify any information contained, in any such application or inspect any such place with a view to satisfying himself that the facilities referred to in sub-rule (1) are provided, and that termination of pregnancies may be made under safe and hygienic conditions.
(4)Every owner of the place which is inspected by the Chief Medical Officer of the District shall afford all reasonable facilities for the inspection of the place.
(5)The Chief Medical Officer of the District may, if he is satisfied after such verification, enquiry or inspection, as may be considered necessary, that termination of pregnancies may be done under safe and hygienic conditions, at the place, recommend the approval of such place to the committee.
(6)The committee may after considering the application and the recommendations of the Chief Medical Officer of the District approve such place and issue a certificate of approval in Form B.
(7)The certificate of approval issued by the committee shall be conspicuously displayed at the place to be easily visible to persons visiting the place.
(8)The place shall be inspected within 2 months of receiving the application and certificate of approval may be issued within the next 2 months, or in case any deficiency has been noted, within 2 months of the deficiency having been rectified by the applicant.
(9)On the commencement of these rules, a place approved in accordance with the Medical Termination of Pregnancy Rules, 1975 shall be deemed to have been approved under these rules.