THE MEDICAL TERMINATION OF PREGNANCY REGULATIONS, 2003

THE MEDICAL TERMINATION OF PREGNANCY REGULATIO S, 20031 In exereN' of power, eOl~ferred by section 7 of tile MedIcal Termlllallon of Pregnancy Iwmely:- 1. hort title, extent and commencement.-(1) These regulations may be called the MedICal Termination of Pregnancy Regulations, 2003. (2) They e tend to all the Union territories. (3) The~' shall come into force on the date~ of their publication in the Official Gazette, 2. Definition ,-In these regulations, unless the context otherwise requir",,- (a) Act" means the ledical Termination of Pregnancy Act; 1971 (3-1 of (h) "Admi"lon Register" means the register maintained under regulation 5; (c) "Chief Medical Officer" means the Chief Medical Officer of a District by whateyer name called, (d) "Form" means a Form appended to these regulations; (e) "hospItal" means a hospital established or maintained by the Central Go\'emment or the Government of Union territory; (f) "section" means a section of the Act. 3. Form of certifying opinion or opinions,-(l) Where one registered medical practitioner forms or not less than two registered medical practitioners form such opinion as IS referred to in sub-section (2) of section 3 or 5, he or she shall certify such opinion in Form I, (2) Every registered medical practitioner who terminates any pregnancy shall, within three hours from the termination of the pregnancy certiiy such termination in Form l. 4. Custody of forms.-(I) The consent given by ajregnant woman for the termination of her pregnancy, together with the certifie opinion recorded under section 3 or ,""ction 5, as the case may be and the intimation of termination of pregnancy shall be placed in an envelope which shall be sealed by the registered medical pra tilioner or practitioners by whom such termination of pregnancy was performed and until that envelope is sent to the head of the hospital or owner of the approved place or the Chief Medical Officer of the State, it shall be kept 10 the safe custody of the concerned registered medical practitioner or practitioners, a the case may be. (2) On eyery enYelope referred to in sub-regulation (1), pertaining to the terrnmalion of pregnanev under section 3, there shall be noted the serial number a"i~ed to the pregnant woman in the Admission Register and the name of the regIStcred medical practitioner or practitioner> by' whom the pregnancy was terminated and such en\'elope shall be marked" ECRET". (3) EYe!) enyelope referred to in sub-regulation (2) shall be sent immediately after the tcrrrunation of the pregnancy to the head of the hospital or owner of the appro\ed place where the pregnancy was terminated. 1 \',J_ G5 R. -IJ<6(E), dated 13th June. 2003, published In the Gazelle of India. Extra.. PI. lI. ::? Came mto torce on 13-6-2003. (-I) On receipt of the envelope referred to in sub-regulation (3), the head of th, hospital or owner of the approved place shall arrange to keep the same in saf, custody. (5) Every head of the hospital or owner of the approved place shall send t· the Chief Medical Officer of the State, in Form n a monthly statement of case where medical termination of pregnancy has been done. (6) On every envelope referred to in sub-regulation (1), pertaining to th termination of pregnancy under section 5, there shall be noted the name an address of the registered medical practitioner by whom the pregnancy w, terminated and the date on which the pregnancy was terminated and sue envelope shall be marked "SECRET". EXI,lanation.-The columns pertaining to the hospital or approved place an the serial number assigned to the pregnant woman in the Admission Regist shall be left blank in Form I in the case of termina tion performed und section 5. (7) Where the Pregnancy is not terminated in an approved place or hospit; every envelope referred to in sub-regulation (6) shall be sent by registered pc to the Chief Medical Officer of the State on the same day on which the pregnan was terminated or on the next working day following the day on which t pregnancy was terminated: Provided that where the pregnancy is terminated in an approved place hospital, the procedure provided in sub-regulations (1) to (6) shall be followl 5. Maintenance of Admission Register.-(1) Every head of the hospital owner of the approved place shall maintain a register in Form 11l for recordi therein the details of the admissions of women for the .ermination of th pregnancies and keep such register for a period of five years from the end of calendar year it relates to. (2) The entries in the Admission Register shall be made serially and a fn senal shall be tarted at the commencement of each calendar year and the se number of the particular year shall be distinguished from the serial numbel other years by mentioning the year against the serial number, for example, se number 5 of 1972 and serial number 5 of 1973 shall be mentioned as 5/1972, (3) Admission Register shall be a secret document and the informal contained therein as to the name and other particulars of the pregnant wor shall not be disclosed to any person. 6. Admission Register not to be open to inspection.-The Admis' Register shall be kept in the safe custody of the head of the hospital or owne the approved place, or by any person authorized by such head or owner and ! as otherwise provided in sub-regulation (5) of regulation 4 shall not be oper inspection by any person except under the authority of law: Provided that the registered medical practitioner on the application 0 employed woman whose pregnancy has been terminated, grant a certificatl the purpose of enabling her to obtain leave from her employer: Provided further that any such employer shall not disclose this inform. to any other person. 7. Entries in registers maintained in hospital or approved place.-No 1 shall be made in any case-sheet, operation theater register, follow-up card 01 other document or register other than the admission Register maintained al hospital or approved place indicating therein the name of the pregnant we and reference to the pregnant woman shall be made therein by the serial nu assigned to the woman in the Admi sion Register. 12 The Medical Termination of Pregnancy Regulations, 2003 [Reg. , Form II] The Medical Termination of Pregnancy Regulations, 2003 13 FORM I (See regulation 3) 'amt· and qualihcabo~of the Registered Medical Practitioner III block letters) (Full addr~s of the Registered looical Practitioner) amt' and quahfications of the Registen.'d . fc'Chcal Prachhoner in block letters}_...._-- - -_.._----_._._---- turmt.od Ul i;Olld faith. that it j neces.sar\' to temunate the pn..-gn.mn of ._ _ __ . Signature of the R~stered Medical Practitioner Signature of the Registered \1edical Practitioners (iv) (v) (Full narnt;.> ld p~ant woman in block letters) Te"ldent of • ~Full addre<>~ of pregnant woman in block letters) for the reasons given • I \\1.' hcreb~ gi\l! mtimation that ·I,We tennmated the pn."gJlan0 of the woman referred to abme \\ho bean. thc serial No. ... o ••• in the Admi.!-... ion Rt-giskr of the hospital/approved place. Date. Strike out \,"ruche\ er ~ not applicable. "ot thl' rca!-.Oru. !'peeified Items (il to (v) write the one which is appropriate:- (i) In order to save the life of the pregnant woman, (il) In order to prevent grave injury to the phy~ical and mental health of the pregnant woman, (iii) in view of the substantial risk that if the child W,JS born it would suffer from such physical or mental abnormalities as to be seriously handicapped, as the pregnancy is alleged by pregnant woman 10 have been caused by rape, as the pregnancy has occurred as result of failure of any contraceptive device or methods used by married woma" or her husband for the purpose of limiting the number of children Note.-Account mol\" be taken of the pregnant woman's actual or rcasonabl~ foreseeable environment an determlnlOg whether the continuance of her pregnancy would lOvolve a grave injury to her phv'tical or mental health. Place. Signature of the Registered Medical Practitioner/Practitioners Date. FORM 11 [See regulation 4(5)1 ~ame 01 the State 3. Durahon of pregnancy (gi\."e total ,,",0. only) (a. Up to 12 \\'eeks. lal Hmdu ld) Other" leI Total ::; Termmahon With acceptance of contraception (a) Sterh.sabon (bJ IUD 14 The Medical Termination of Pregnancy Regulations, 2003 [Form II 0. Rca..-.ons for tennrnation: I e tot,ll number under each ·ub·hcad) (a) Dan er to life of the pregnant woman. (b) rave injury to the phy~ical health of the pr gnant woman. (c) rav injury to the mental health of the premant woman. d) Pregnancy caused by rape. (e) ub~tantial TIS that if the child wa.· born. It \ 'ould uffer from ueh ph •'ieal or m ntal abn rmalities a to be >ri u~l) handicapped. (f) FaUuT of any conrracepti\e dc\ ice or method ignature 0 the Officer Incharge wlth Date FO III (-t!,. regulation 5) (To be d trO\'ed on the e piry of five yea trom th date of the la t entry in the Register) I 2 3 .j, 5 6 7 S. '0. Nam of Name of th Wife/Daught r Ag Religion Addre Admission Patient of I I Duration Reasons on Date of Oat of Re ult arne of am of f which termination discharg of ilnd Registered Registered Pregnancy Pr gnancy is of patient Remarks MedicaL M dical b whom the by whom pinion is Pregnancy i formed terminated MTP ACT 1971 (1) 14 MTP ACT 1971 (1) 15 MTP ACT 1971 (1) 16