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SC asks states, UTs to prepare ‘realistic and practical’ action plan to implement guidelines for ICUs

The order came on a 2016 petition related to medical negligence in private hospitals and the absence of uniform standards for ICUs

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The Supreme Court has asked all the states and union territories (UTs) to prepare a “realistic and practical” action plan to implement guidelines necessary as a minimum standard for intensive care units.

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A Bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan directed health secretaries of states and UTs to convene meetings of experts within one week to prepare practical action plans and complete the entire exercise in three weeks.

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“We expect the exercise to commence immediately and the first meeting to be held within one week from today. We direct that the meeting shall be attended personally by the concerned additional chief secretary/secretary ... heading the department of health and medical education in the states and the UTs,” it said.

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The states and UTs must identify five essential requirements focusing on manpower and equipment, it said, stressing that the focus should be on what’s “absolutely essential and mandatory” for ICU functioning, the Bench said in its April 20 order.

Ordering them to put in place a clear strategy for implementation as also a mechanism for monitoring and compliance, the top court asked them to commence the exercise immediately.

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Such a plan shall be realistic and practical; it said and ordered that copies of the guidelines should be shared with all the states and UTs.

The order came on a 2016 petition related to medical negligence in private hospitals and the absence of uniform standards for ICUs after the Bench was informed that “Guidelines for Organisation and Delivery of Intensive Care Services” had been prepared.

The report prepared after the deliberations should be forwarded by the respective states and UTs to the Union Health Secretary and thereafter, a meeting of all concerned should be convened where a final common agreed draft shall be prepared and circulated.

“A final report/blueprint/recommendation shall be prepared, which shall be placed before this court on the next date,” it said, posting the matter for further hearing on May 18.

Accepting the “pragmatic” suggestion to train nursing staff to handle health situations since they remain with the patient round the clock, unlike doctors who may visit periodically, the Bench ordered that the Indian Nursing Council and the Para Medical Council of India be added parties/respondents to the case.

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