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  "title": "Injured Persons (Medical Aid) Act, 2004",
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  "text": "Page 1 of 4 \r\n \r\n  \r\n \r\n \r\nTHE INJURED PERSONS (MEDICAL AID) ACT, 2004 \r\n \r\n              \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  Injured persons to be treated on priority basis \r\n4.  Non-interference by the police \r\n5.  Consent of relatives not required in certain cases \r\n6.  Shifting of an injured person to another hospital \r\n7.  Hospitals to be notified \r\n8.  The injured person not to be taken to a police station \r\n9.  The person bringing the injured persons to hospital not to be harassed \r\n10. Awareness campaign \r\n11. Penalty \r\n12.  Cognizance of cases \r\n13.  Instructions \r\n14. Rulemaking power \r\n \r\n \r\n\r\n \r\nPage 2 of 4 \r\n \r\nTHE INJURED PERSONS (MEDICAL AID) ACT, 2004 \r\nACT NO. XII of 2004 \r\n          [15th December, 2004] \r\n \r\nAn Act to make provisions for medical aid and treatment of injured persons \r\n \r\n  WHEREAS there is a misconception about the law and procedure with regard to medical aid \r\nand treatment of injured persons before completion of medico-legal formalities; \r\n \r\n WHEREAS due to this misconception the medical aid and treatment of injured persons i s \r\nvery often delayed and many casualties have occurred because of delayed treatment; \r\n \r\nAND WHEREAS it is necessary to make provision for medical aid and treatment of injured persons \r\nto save their lives and protect their health during emergency; \r\n \r\nIt is hereby enacted as follows:― \r\n  \r\n 1. Short title, extent and commencement.___ (1) This Act may be called the Injured Persons \r\n(Medical Aid) Act, 2004. \r\n \r\n (2)  It extends to the whole of Pakistan. \r\n \r\n (3)  It shall come into force at once. \r\n \r\n 2. Definitions.___ In this Act, unless there is anything repugnant in the subject or context,___ \r\n \r\n(a) “doctor” means a medical practitioner registered under the Medical and Dental \r\nCouncil Ordinance 1962 (XXXII of 1962); \r\n \r\n(b) “Government” means the Federal Government or a Provincial Government as \r\nthe case may be; \r\n \r\n(c)  “hospital” means a hospital notified under section 7; and \r\n \r\n(d)  “injured person” means a person injured due to traffic accident, assault or any \r\nother cause who is in needs an immediate treatment. \r\n \r\n 3. Injured persons to be treated on priority basis.___ Where an injured person is brought to \r\na hospital, he shall be provided medical aid without delay on priority basis over all other \r\nmedico-legal formalities. \r\n \r\n 4. Non-interference by the police.___ No police official or officer shall interrupt o r interfere \r\nduring the period an injured person is under treatment in a hospital except with the written \r\npermission of the Incharge of the hospital: \r\n \r\n Provided that such permission shall not be given unless it is necessary in connection with an \r\ninvestigation which may be carried out in the hospital so long as the injured person is under \r\ntreatment. \r\n \r\nPage 3 of 4 \r\n \r\n 5. Consent of relatives not required in certain cases.___ Where an injured person requires \r\nemergency treatment or operation, the doctor treating or operating the  injured person need not wait \r\nfor the consent of the relatives: \r\n \r\n Provided that if the relatives are present it would be preferable that such treatment or \r\noperation may be carried out with the consent of such relatives. \r\n \r\n 6. Shifting of an injured person t o another hospital. ___(1) An injured person shall not be \r\nshifted from a hospital until he is stabilized or the requisite treatment  is not available in such hospital \r\nand while shifting him to another hospital, the doctor concerned shall complete the relevan t \r\ndocuments with regard to the clinical conditions of the patient and hand over such documents to the \r\nconcerned doctor of the receiving hospital. \r\n \r\n (2) The record referred to  in sub-section (1) shall be maintained by the referring hospital as \r\nwell as the r eceiving hospital and the Incharge of the hospital shall be responsible for ensuring that \r\nsuch record is kept in a safe custody where it cannot be tampered with: \r\n \r\n Provided that where necessary an injured person shall not be shifted unless he is accompanied \r\nby a doctor of the referring hospital. \r\n \r\n 7. Hospitals to be notified. ___ The Government shall, by notification in the official Gazette, \r\nnotify the Government hospitals having in -patient beds and also having facilities to deal with the \r\nemergencies to provide medical aid and treatment to the injured persons: \r\n \r\n Provided that in areas where above referred facility is not available, a rural health center \r\nestablished by a Government or a local government in that area having facility to deal with the \r\nemergencies, may be notified as hospital for the purposes of this Act. \r\n \r\n 8. The injured person not to be taken to a police station.___ (1) Under no circumstances an \r\ninjured person be taken to a police station before necessary medical aid and treatment is given. \r\n \r\n (2) The police officer is bound to ensure that the injured person is treated in a hospital as \r\nprovided in this Act before any medico -legal procedure is undertaken. The police officer shall not in \r\nany way influence the doctor or to give any opinion about the type and details of injury of the injured \r\nperson. \r\n \r\n 9. The person bringing the injured person to hospital not to be harassed.___ The person \r\nwho on humanitarian basis, in particular in traffic accident cases, brings an injured person to a \r\nhospital shall not  be harassed and shall be shown due respect and acknowledged for helping the \r\ninjured. He should be allowed to leave the hospital after taking down his name, address, telephone \r\nnumber and he shall provide a copy of his National Identity Card within three days; if the same is not \r\nimmediately available with him or any other proof to the satisfaction of Incharge of the hospital: \r\n \r\n Provided that nothing herein contained shall absolve the person bringing an injured person to \r\nhospital from any liability under any law for the time being in force for causing injury to such \r\nperson.  \r\n \r\n 10. Awareness campaign.―An awareness campaign shall be carried out regularly to educate \r\nthe public, medical professionals and the police about medico-legal procedures. \r\n \r\nPage 4 of 4 \r\n \r\n 11. Penalty.___ Whoever contravenes or violates the provisions of this Act or the rules made \r\nthere under shall be punishable with imprisonment which may extend to two years, or with fine not \r\nless than ten thousand rupees, or with both, in addition to any other penalty to w hich he may be \r\nliable under any other law for the time being in force: \r\n \r\n Provided that where penalty of fine is imposed half of such fine shall be paid to injured \r\nperson or his heirs, as the case may be, as compensation: \r\n \r\n Provided further that the Court may direct the Medical and Dental Council under the Medical \r\nand Dental Council Ordinance, 1962 (XXXII of 1962) to cancel the registration of a doctor convicted \r\nby the Court. \r\n \r\n 12. Cognizance of cases. ___ (1) No Court shall take cognizance of a case under th is Act, \r\nexcept upon a complaint made by an officer authorized in writing in this behalf by the Government.  \r\n \r\n (2) The Government shall notify authorized officers under sub  section (1) within thirty days \r\nof the commencement of this Act. \r\n \r\n 13. Instructions.―The Government may issue instructions from time to time to carry out the \r\npurposes of this Act and the defaulting doctor or the police official or officer shall be liable to \r\ndisciplinary action for contravention of such instructions, besides the penalty to  which he may be \r\nliable under section 11. \r\n \r\n 14. Rulemaking power.___ The Federal or Provincial Government, as the case may be, ma y \r\nmake rules to carry out the purposes of this Act. \r\n____________",
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