NHM MizoramPre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of misuse) Amendment Act, 2002.
Introduction:
· The prohibition of sex selection, before or after conception.
· Regulation of pre-natal diagnostic techniques for the purposes of detecting genetic malformations or sex-linked disorders.
· Prevention of their misuse for sex determination leading to female foeticide.
The PNDT Cell has been set up in the Department of H&FW since January, 2015. The Act is implemented in the State and Statutory Bodies namely State Supervisory Board, Advisory Committee, Appropriate Authority & Apellate Authority has been notified by Government of Mizoram respectively.
STATUTORY BODY UNDER PC&PNDT Act:
1. STATE SUPERVISORY BOARD (SSB):
Reconstitution of SSB was done and notification issued by Government of Mizoram on 17th July, 2015. SSB meeting is conducted at every 4 months interval.
Functions:
1. To create public awareness against the practice of pre-conception sex selection and prenatal determination of sex.
2. To review the activities of the State Appropriate Authority and recommend appropriate action against them.
3. To monitor the implementation of provisions of the Act and the rules and make suitable recommendations relating thereto, to the Board.
4. To send consolidated reports as may be prescribed in respect of various activities undertaken in the state under the Act to the Board and Central Government.
2. ADVISORY COMMITTEE:
Government of Mizoram notified the members of Advisory Committee on 26th May 2016.The meeting of Advisory Committee is conducted at 2 (two) months interval.
Functions:
The Advisory Committee may meet as and when it thinks fit or on the request of the Appropriate Authority for consideration any application for registration or any complaint for suspension or cancellation of registration and to give advice thereon.
3. APPROPRIATE AUTHORITY:
Government of Mizoram notified the members of Appropriate Authority on 4th December, 2015 and published on Official Gazette on 4th November, 2016.
Functions:
1. To grant, suspend or cancel registration of a Genetic Counselling Centre, Genetic Clinic etc.
2. To enforce standards prescribed for Genetic Counselling Centre, Genetic Clinic etc.
3. To investigate complain of breach of the provisions of the Act or the rules made thereunder and take immediate action.
4. To seek and consider the advice of the Advisory Committee and to take action on the recommendation of the Advisory Committee made after investigation of complaint of complaint for suspension or cancellation of registration.
5. To take appropriate legal action against the use of any sex selection technique by any person at any place.
6. To create public awareness against the practice of sex selection.
7. To recommend to the Board modifications required in the rules in accordance with changes in technology or social conditions.
4. APPELLATE AUTHORITY:
In compliance of Rule 19 A of PC&PNDT Amendment Rules 2017, Government of Mizoram notified the member of Appellate Authority on 4th August 2017.The Appellate Authority is for the purpose of appeal against the order of State Appropriate Authority.
Functions:
1. An appeal against the order of suspension/cancellation of registration passed by the State Appropriate Authority shall lie with the State Appellate Authority appointed by the State Government.
2. The State Appellate Authority shall issue notice to the respondent which shall be served in the following modes:
a. Service by the appellant
b. By hand delivery
c. Byregistered post
d. By electronic mail or fax
3. The State Appellate Authority shall hear the parties on receipt of the appeal and shall intimate the date of hearing which shall be seven days before the date of hearing. The State Appellate Authority shall dispose of the appeal by passing a speaking order in writing and issue under the seal of the State Appellate Authority duly authenticated by the officer authorised by the State Appellate Authority for this purpose within a period of 60 days from the date of receipt of the appeal.
RULES TO FOLLOW BY ULTRASOUND CENTRE:
1. No Genetic Counselling Centre, Genetic Laboratory, Genetic clinic unless registered under this Act, shall conduct or help in conducting prenatal diagnostic techniques {PC&PNDT Act Section 3 (1)}
a. Fees for Fresh Registration (PC&PNDT Rule 5)
i. Hospital, nursing home etc: Rs.35000
ii. Ultrasound clinic or Imaging centre: Rs.25000
b. Validity of Registration: 5 Years
c. Fees for Renewal of Registration
i. Hospital, nursing home etc: Rs.17500
ii. Ultrasound clinic or Imaging centre: Rs.12500
d. The Central Government made amendment to Rule 5, sub rule (1) of PC&PNDT Rules 1996,mentioning that, ‘That no government institution which provides health and medical services shall be required to pay fee for registration and renewal of registration’.
Total number of centres registered under PC&PNDT Act (as on March 2023): 56 (fifty six)
2. No Genetic Counselling Centre/Genetic Laboratory/Genetic Clinic shall employ or takeservice of any person who does not possess the qualifications as may be prescribed.
{PC&PNDT Act section 3 (2), Rule 3}
Minimum requirements of employee: (Rule 3)
1. A gynaecologist/paediatrician having six months experience or four weeks training in genetic counselling.
2. A medical geneticists.
3. A sonologist/imaging specialist having post graduate degree or diploma or six months training duly imparted in the manner prescribed in the PC&PNDT six months training rules.
4. A laboratory technician, having B.Sc degree in Biologial Sciences or a degree/diploma in medical laboratory with atleast one year experience in conducting appropriate pre-natal diagnostic techniques.
5. Each medical practitioner qualified under the Act to conduct Ultrasonography in genetic clinic/ultrasound clinic shall be permitted to be registered with a maximum of two such centres within the district.
Total number of medical practitioner(radiologist,sonologist,gynaecologist) registered under PC&PNDT Act (as on March 2019): 56 (fifty six)
3. No medical geneticist, gynaecologist/paediatrician shall conduct at a place other than a place registered under this Act. {PC&PNDT Act section 3 (3)}
4. No person/organization shall sell any ultrasound machine or imaging machine or any equipment capable of detecting sex of foetus to any Genetic counselling centre/Genetic Laboratory/Ultrasound Clinic not registered under the Act. {PC&PNDT Act section 3B}
5. No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs or any other manner. {PC&PNDT Act section 5 (2) }
6. Display hoarding highlighting that Sex selection is prohibited by law and is not done at the centre {PC&PNDT Rule 4 (ii)}
7. Display registration certificate at a conspicuous place at its place of business.{PC&PNDT Rule 6 (2) }
8. Display registration/degree certificate of ultrasound operators (radiologists/Sonologists/gynaecologists) inside ultrasound room.
9. Form F must be must be maintain and a copy must be submitted to Appropriate Authority. {PC&PNDT Rule 9 (8)}
10. ANC register maintain and the record is to be in tally with Form F .{PC&PNDT Act section 29 (1)}
11. A copy of PC&PNDT Act must be available at the centre.
SIX MONTHS TRAINING RULES ON ABDOMINO-PELVIC ULTRASONOGRAPHY: LEVEL 1 TRAINING FOR MBBS DOCTORS
1. Accreditions of institutions and its recognition:
2. Govt. of Mizoram, Health & Family Welfare Deptt. notifies Civil Hospital, Aizawl as recognized institution for six months training on 31st March 2015.
3. Eligibility for training:
a. Any registered medical practitioner .
b. The existing registered medical practitioners who are conducting ultrasound procedures in genetic clinic/ultrasound clinic on the basis of 1 year experience are exempted from training provided they are able to qualify the competency based assessment (CBA). In case of failure to clear CBA they shall be required to undertake the complete six months training for renewal of registration.
4. Selection of students:
a. Intake for admission shall be 1:1 student to teacher ratio.
b. Selection shall be as per merit list of state PG entrance exam and 20% reservation for in service candidates.
5. Staff-Faculty
a. The institute shall appoint the post graduate teachers in Radiology/Gynaecology recognised by the respective regulatory bodies.
b. The Head of the respective teaching institutions shall be responsible for monitoring the training programme in entirety.
6. Fees for training:
a. Rs.20,000 (for fresh candidate)
b. Rs. 10,000 ( for registered medical practitioners requiring to clear CBA)
c. Fee structure waive for in service medical practitioners.
7. Validity of the training certificate:
Certificate of training obtained from any State shall be applicable for the purpose of registration under Act in all States.
a. Total number of candidates clearing Competency based Assessment (CBA) exam (as on March 2023): 13 (thirteen)
b. Total number of candidates completing Six months training (as on March 2023): 15 (fifteen)<