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DR. SHARDA JAIN
DR. JYOTI AGARWAL
DR. JYOTI BHASKAR
Understanding the
MTP act & MTP
country wide Uproar by Doctors
forced
FOGSI & GOVT. of India
to take a step back
Proposed MTP Amendments
2014
Lets know the LAW of the land
Indian Penal Code
(IPC, 1860)
SECTION 312
Any one voluntarily causing miscarriage to a woman
with child, other than in good faith for the purpose of
saving her life is PUNISHABLE BY IMPRISONMENT
(simple or rigorous) &/or a fine
Sections 313 - 316 (for death due to procedure)
Up to 10 years imprisonment and fine, extending up to
life imprisonment where the abortion was conducted
without consent
MTP ACT
1972
A Protective Umbrella
THE MTP ACT if adhered to completely offers
complete protection to the medical practitioner from
any of the consequences of the IPC
However legal protection is only available
conditional to every requirement of the Act
being fulfilled
Sheriar, J Obs Gyn India, 51(6):25, 2002
The MTP Act (Act No. 34 of 1971)
“ An Act to provide for the Termination of certain
pregnancies by registered medical practioners & for
matters connected therewith & incidental thereto”
LEGISLATED BY THE PARLIAMENT on August
10th
, 1971
And the Act was enforced Nationwide from
April 1st
, 1972
Adopted by Kashmir & Mizoram- 1980
MTP Act, Rules, Regulations
MTP Act Is an Act of Parliament providing an
Overview of Safe abortions and delegating authority
to Central & State government
Rules are framed by the Central Government BUT
must be ratified by each house of Parliament
Regulations are framed by the State Government &
relate to issues involving Opinions , reporting and
maintaining secrecy
3 Things
Legal Framework
1. MTP Act
2. Rules
3. Regulation
MTP Act, Rules & Regulations
MTP Act Specifies:
 1  The INDICATIONS for legal Terminations
 2  WHO can Terminate
 3  The PLACE where it can be terminated
 4  Last but most imp. CONSENT requirement
When pregnancy can be terminated.. ???
1--continuation of pregnancy is a risk to the life of
pregnant woman
or it can cause grave injury to her physical and
mental health
2--Substantial risk that the child , if born ,would be
seriously handicapped due to physical or mental
abnormalities
3--pregnancy caused by rape
4--failure of contraceptive in married woman
Who Can Terminate a Pregnancy?
Who can perform MTP ?
A Registered Medical practitioner (RMP )who has
a recognized Medical qualification as defined in
clause ( b) of Sec 2 of indian Medical Counsel Act,
1956
Whose name is registered in a state Medical
register
Who has training experience as per MTP rules
Experience of RMP-
Up to 12 weeks Gestation only
Before the commencement of act experience
minimum 3yrs
Who is regst in state medical register ---6months
of house surgeon ship in gynae
Or experience of working in dept of gynae –1yr
1-- A Practitioner who has assisted RMP in 25 cases of
Medical termination of pregnancies ,at least 5 of
which have been performed independently in a
hospital established or maintained by govt or a
training institute approved for this purpose by the
Govt
Experience and Training Required by a
RMP-upto 20 wks
PG Degree or Diploma in OB & Gynae
Completed 6 months as House Surgeon in OB &
Gynae
At least one yr experience in dept of ob & Gynae at
any hospital that has all facilities
Where pregnancy can be Terminated --
PLACE
Hospitals established or maintained by
the Govt
A Place approved by the Government
or DLC constituted by the Govt
Consent ----- Form C
1-- Only the
consent of a
women is
required
2-- If Age <18 yrs
or a mentally ill
patient consent of
guardian is reqd
MTP Rules
A- Appointed by Govt n responsible for approval and
suspension of Place
Chaired by CMO
B 3-5 members
C - one member shd be Gynecologist , surgeon ,
Anesthetist
D -other members are from local drs , NGO,
Panchayat Raj
E -at least one should be woman
1---Composition and tenure of DLC Which is
Up to 12 wks --FACILITIES -
1-Gynecological examination /labor table
2-Resuscitation and sterilization Equipments
3-Drugs and Parenteral fluids
4- Backup facilities for treatment of shock
2- REQUIREMENT FOR
APPROVAL OF A PLACE
MTP Rules ….
…For approval
For Terminating 12 to 20 weeks of Pregnancy
FACILITIES
1-An operation table and instruments for performing
abdominal or gynecological surgery
2-Anesthetic Equipments, resuscitation and
sterilization equipments
3- Drugs and Parentral fluids for any emergency ,
notified by GOI from time to time
For Medical Abortion
1-up to 7 wks
An RMP does not need approval of place , can
display a certificate from owner of a approved
place
Only Registered doctor can prescribe
One needs to follow all rules and regulation
under MTP Act
MTP rules…..
Approval is applied - FORM A Annexure 1
Addressed to CMO
CMO does -- verification
inquiry or inspection
then recommends for approval of place to
DLC
 issues a certificate of approval in FORM B (annexure -1 )
3---APRROVAL PROCESS
Inspection of Place
Place should be inspected within 60 days of receipt
of approval
and approval within next 2 months or within 2 month
of any deficiency being rectified by applicant to
ensure safe and hygienic conditions
CMO may inspect the approved place any time if
necessary to reconfirm
You have to show and give all information's to CMO
anytime
Cancellation / Suspension
 CMO can suspend or cancel the approval , if he 
suspects unsafe and unhygienic conditions .
 
After suspension can apply again after making 
improvement within 60 days of order , during 
suspension place is deemed as not approved govt can 
modify or reverse the orders 
Amendments to MTP rules 2003
Key features :-
1. Detailed the composition and tenure of the DLC
2. Abortion sites approved for
A- up to 12 weeks
B- 12-20 weeks, facilities and equipments required for
two types were detailed
3. Allowed medical abortion using RU-486 and misoprostol
by RMP even from site not approved provided the RMP
has referral linkage access to an approved place
4.A non OB gynae provider who is trained and certified can
provide first trimester abortion
MTP Regulations
MTP Act empowers the state govt to
form regulations , maintain records ,
reports
Salient features
1-Form of certifying opinion or opinions
Form 1 Annexure - 2
RMP who terminate s, should certify it
in Form 1
MTP Regulations
2- Custody of forms
Form c the consent form + Form 1 for
intimation of termination , shall be sealed n
kept in safe custody & given to head or owner
of approved place
A serial number is assigned to the pregnant pat
in the admission register ,name of the RMP, &
shall write SECRET
3- Head or Owner has to send monthly
statement of the MTP cases to the CMO
on FORM II ( Annexure -3 )
Maintenance Of Admission
REGISTER
Maintain records As per Form III ( Annexure -4 )
Record the detail
Keep in secret custody for 5 years from the end of
calendar year it relates to; It is not disclosed to
anyone except under authority of law
Recommendations to Overcome Shortcomings
Requirement of 2 opinions for second trimester 
termination is now a formality and could be 
dispensed – but doctors want no change. 
A qualified extension of up to 24 weeks to 
accommodate terminations after prenatal diagnosis of 
birth defects
Recommendations
to Overcome Shortcomings
Scope to simplify and streamline bureaucratic
procedures by amending MTP Rules and Regulations. 
Registration of centres by meticulous application & 
persistent follow up.
Valid case for bifurcating recognition requirements for 
performing first & second trimester MTPs, in view of 
the documented safety & simplicity of early abortions 
With medical methods administered on an
outpatient basis, the act needs to be updated to
keep abreast with future medical advances
Revisit documentation required. Admission
register could be replaced by MTP Register
Increase the number of trained persons performing
induced abortions by multiplying training facilities
Recommendations
to Overcome Shortcomings
Violation of The ACT
Any PERSON doing MTP and not a RMP can be
punished with rigorous imprisonment for 2-7 yrs.
If terminating at a PLACE which is not approved
can be punished 2-7 yrs rigorous imprisonment.
The owner of unapproved place , performing
termination can also be punished with rigorous
imprisonment 2--7 yrs
Legal abortion means
Termination done at a place approved under the
Act
Termination done for conditions and within the
gestation prescribed the Act
Termination done by a medical practitioner
approved by the act
Other requirements of the rules and regulations
are complied with
Pre Abortion Information
for Patients & GP
Medical termination usually leads to vaginal
bleeding for 10 – 14 days – more like having a
heavy prolonged period.
 there may be a risk of congenital
malformation in your baby in case of
continuation of pregnancy
In case of heavy bleeding please report to
emergency immediately.
Pre Abortion Information
for Patients & GP
Next period may be delayed by one or two
weeks but subsequent periods should be
regularized as earlier.
Maintain a menstrual dairy.
Avoid intercourse during treatment and
preferably till the next menstrual periods
Pre Abortion Information
for Patients & GP
Please sign on the consent from after
being satisfied with information provided
and clarifying any doubts that you may
have
Note that you have the full option of
choosing suction evacuation for
termination of pregnancy.
Pre Abortion Information
for Patients & GP
Women desiring concurrent tubal
ligation should realize that surgical
abortion is preferable since it can be
combined with the tubal ligation
Any method of termination of
pregnancy may lead to future
INFERTILITY or pregnancy
mishaps!
Anti – D in Rh Negative patients
Take injection anti – D 50 mg of Rh D
on day one
“Absolute contraindication to
medical abortion”
Previous ALLERGIC reaction to mifepristone /
misoprostol inherited porphyria
Chronic adrenal failure
Known or suspected ECTOPIC or heterotopic
pregnancy
Caution is required in a range of
circumstances including
Long term use of corticosteroids such as
for bronchial asthma
Coagulopathy
Severe anamia (must be treated at time of
abortion),
 Pre- existing heart disease or
cardiovascular risk factor (e.g
hypertension and smoking)
No contraindicatio to medical
abortion
Adolescence age or >35 ,
anemia ,
insulin dependent diabetes mellitus,
thyroid disorders,
multiple pregnancies,
obesity, previous caesarean section,
smoking,
uterine malformation – congenital and acquired
and previous cervical surgeries
Medical Abortion is Not Advised
if
No quick access to 24 hrs emergency
service
Patents unable to take responsibility
excessive anxiety wanting quick abortion
language or comprehensive barrier not
willing for surgical abortion in case of
failure living alone
Take home message
• It is necessary to do register your nursing home
under the MTP act, if you are going to do MTP
• Must follow all the rules and regulations under
MTP strictly and correctly
• All paper work must be complete before you start
an MTP ,one never knows when an emergency
arises
• Cultivate good habits like keeping and preparing
documents well in time .
• Medical Abortion is safe & public awareness to be
created
In matters of style, swim with the current; in
matters of principle, stand like a rock.
Be LAW abider
ADDRESS
11 Gagan Vihar, Near Karkari Morh
Flyover, Delhi - 51
CONTACT US
9650588339, 011-22414049,
WEBSITE :
www.lifecarecentre.in
www.drshardajain.com
www.lifecareivf.com
E-MAIL ID
Sharda.lifecare@gmail.com
Lifecarecentre21@gmail.com
info@lifecareivf.com
&

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Mtp dr. sharda jain

  • 1. DR. SHARDA JAIN DR. JYOTI AGARWAL DR. JYOTI BHASKAR Understanding the MTP act & MTP
  • 2. country wide Uproar by Doctors forced FOGSI & GOVT. of India to take a step back Proposed MTP Amendments 2014
  • 3. Lets know the LAW of the land
  • 4. Indian Penal Code (IPC, 1860) SECTION 312 Any one voluntarily causing miscarriage to a woman with child, other than in good faith for the purpose of saving her life is PUNISHABLE BY IMPRISONMENT (simple or rigorous) &/or a fine Sections 313 - 316 (for death due to procedure) Up to 10 years imprisonment and fine, extending up to life imprisonment where the abortion was conducted without consent
  • 6. A Protective Umbrella THE MTP ACT if adhered to completely offers complete protection to the medical practitioner from any of the consequences of the IPC However legal protection is only available conditional to every requirement of the Act being fulfilled Sheriar, J Obs Gyn India, 51(6):25, 2002
  • 7. The MTP Act (Act No. 34 of 1971) “ An Act to provide for the Termination of certain pregnancies by registered medical practioners & for matters connected therewith & incidental thereto” LEGISLATED BY THE PARLIAMENT on August 10th , 1971 And the Act was enforced Nationwide from April 1st , 1972 Adopted by Kashmir & Mizoram- 1980
  • 8. MTP Act, Rules, Regulations MTP Act Is an Act of Parliament providing an Overview of Safe abortions and delegating authority to Central & State government Rules are framed by the Central Government BUT must be ratified by each house of Parliament Regulations are framed by the State Government & relate to issues involving Opinions , reporting and maintaining secrecy 3 Things
  • 9. Legal Framework 1. MTP Act 2. Rules 3. Regulation
  • 10. MTP Act, Rules & Regulations
  • 11. MTP Act Specifies:  1  The INDICATIONS for legal Terminations  2  WHO can Terminate  3  The PLACE where it can be terminated  4  Last but most imp. CONSENT requirement
  • 12. When pregnancy can be terminated.. ??? 1--continuation of pregnancy is a risk to the life of pregnant woman or it can cause grave injury to her physical and mental health 2--Substantial risk that the child , if born ,would be seriously handicapped due to physical or mental abnormalities 3--pregnancy caused by rape 4--failure of contraceptive in married woman
  • 13. Who Can Terminate a Pregnancy?
  • 14. Who can perform MTP ? A Registered Medical practitioner (RMP )who has a recognized Medical qualification as defined in clause ( b) of Sec 2 of indian Medical Counsel Act, 1956 Whose name is registered in a state Medical register Who has training experience as per MTP rules
  • 15. Experience of RMP- Up to 12 weeks Gestation only Before the commencement of act experience minimum 3yrs Who is regst in state medical register ---6months of house surgeon ship in gynae Or experience of working in dept of gynae –1yr 1-- A Practitioner who has assisted RMP in 25 cases of Medical termination of pregnancies ,at least 5 of which have been performed independently in a hospital established or maintained by govt or a training institute approved for this purpose by the Govt
  • 16. Experience and Training Required by a RMP-upto 20 wks PG Degree or Diploma in OB & Gynae Completed 6 months as House Surgeon in OB & Gynae At least one yr experience in dept of ob & Gynae at any hospital that has all facilities
  • 17. Where pregnancy can be Terminated -- PLACE Hospitals established or maintained by the Govt A Place approved by the Government or DLC constituted by the Govt
  • 18. Consent ----- Form C 1-- Only the consent of a women is required 2-- If Age <18 yrs or a mentally ill patient consent of guardian is reqd
  • 19.
  • 20. MTP Rules A- Appointed by Govt n responsible for approval and suspension of Place Chaired by CMO B 3-5 members C - one member shd be Gynecologist , surgeon , Anesthetist D -other members are from local drs , NGO, Panchayat Raj E -at least one should be woman 1---Composition and tenure of DLC Which is
  • 21. Up to 12 wks --FACILITIES - 1-Gynecological examination /labor table 2-Resuscitation and sterilization Equipments 3-Drugs and Parenteral fluids 4- Backup facilities for treatment of shock 2- REQUIREMENT FOR APPROVAL OF A PLACE MTP Rules ….
  • 22. …For approval For Terminating 12 to 20 weeks of Pregnancy FACILITIES 1-An operation table and instruments for performing abdominal or gynecological surgery 2-Anesthetic Equipments, resuscitation and sterilization equipments 3- Drugs and Parentral fluids for any emergency , notified by GOI from time to time
  • 23. For Medical Abortion 1-up to 7 wks An RMP does not need approval of place , can display a certificate from owner of a approved place Only Registered doctor can prescribe One needs to follow all rules and regulation under MTP Act
  • 24. MTP rules….. Approval is applied - FORM A Annexure 1 Addressed to CMO CMO does -- verification inquiry or inspection then recommends for approval of place to DLC  issues a certificate of approval in FORM B (annexure -1 ) 3---APRROVAL PROCESS
  • 25.
  • 26. Inspection of Place Place should be inspected within 60 days of receipt of approval and approval within next 2 months or within 2 month of any deficiency being rectified by applicant to ensure safe and hygienic conditions CMO may inspect the approved place any time if necessary to reconfirm You have to show and give all information's to CMO anytime
  • 27.
  • 29. Amendments to MTP rules 2003 Key features :- 1. Detailed the composition and tenure of the DLC 2. Abortion sites approved for A- up to 12 weeks B- 12-20 weeks, facilities and equipments required for two types were detailed 3. Allowed medical abortion using RU-486 and misoprostol by RMP even from site not approved provided the RMP has referral linkage access to an approved place 4.A non OB gynae provider who is trained and certified can provide first trimester abortion
  • 30. MTP Regulations MTP Act empowers the state govt to form regulations , maintain records , reports Salient features 1-Form of certifying opinion or opinions Form 1 Annexure - 2 RMP who terminate s, should certify it in Form 1
  • 31. MTP Regulations 2- Custody of forms Form c the consent form + Form 1 for intimation of termination , shall be sealed n kept in safe custody & given to head or owner of approved place A serial number is assigned to the pregnant pat in the admission register ,name of the RMP, & shall write SECRET 3- Head or Owner has to send monthly statement of the MTP cases to the CMO on FORM II ( Annexure -3 )
  • 32.
  • 33. Maintenance Of Admission REGISTER Maintain records As per Form III ( Annexure -4 ) Record the detail Keep in secret custody for 5 years from the end of calendar year it relates to; It is not disclosed to anyone except under authority of law
  • 34.
  • 35. Recommendations to Overcome Shortcomings Requirement of 2 opinions for second trimester  termination is now a formality and could be  dispensed – but doctors want no change.  A qualified extension of up to 24 weeks to  accommodate terminations after prenatal diagnosis of  birth defects
  • 36. Recommendations to Overcome Shortcomings Scope to simplify and streamline bureaucratic procedures by amending MTP Rules and Regulations.  Registration of centres by meticulous application &  persistent follow up. Valid case for bifurcating recognition requirements for  performing first & second trimester MTPs, in view of  the documented safety & simplicity of early abortions 
  • 37. With medical methods administered on an outpatient basis, the act needs to be updated to keep abreast with future medical advances Revisit documentation required. Admission register could be replaced by MTP Register Increase the number of trained persons performing induced abortions by multiplying training facilities Recommendations to Overcome Shortcomings
  • 38. Violation of The ACT Any PERSON doing MTP and not a RMP can be punished with rigorous imprisonment for 2-7 yrs. If terminating at a PLACE which is not approved can be punished 2-7 yrs rigorous imprisonment. The owner of unapproved place , performing termination can also be punished with rigorous imprisonment 2--7 yrs
  • 39. Legal abortion means Termination done at a place approved under the Act Termination done for conditions and within the gestation prescribed the Act Termination done by a medical practitioner approved by the act Other requirements of the rules and regulations are complied with
  • 40. Pre Abortion Information for Patients & GP Medical termination usually leads to vaginal bleeding for 10 – 14 days – more like having a heavy prolonged period.  there may be a risk of congenital malformation in your baby in case of continuation of pregnancy In case of heavy bleeding please report to emergency immediately.
  • 41. Pre Abortion Information for Patients & GP Next period may be delayed by one or two weeks but subsequent periods should be regularized as earlier. Maintain a menstrual dairy. Avoid intercourse during treatment and preferably till the next menstrual periods
  • 42. Pre Abortion Information for Patients & GP Please sign on the consent from after being satisfied with information provided and clarifying any doubts that you may have Note that you have the full option of choosing suction evacuation for termination of pregnancy.
  • 43. Pre Abortion Information for Patients & GP Women desiring concurrent tubal ligation should realize that surgical abortion is preferable since it can be combined with the tubal ligation Any method of termination of pregnancy may lead to future INFERTILITY or pregnancy mishaps!
  • 44. Anti – D in Rh Negative patients Take injection anti – D 50 mg of Rh D on day one
  • 45. “Absolute contraindication to medical abortion” Previous ALLERGIC reaction to mifepristone / misoprostol inherited porphyria Chronic adrenal failure Known or suspected ECTOPIC or heterotopic pregnancy
  • 46. Caution is required in a range of circumstances including Long term use of corticosteroids such as for bronchial asthma Coagulopathy Severe anamia (must be treated at time of abortion),  Pre- existing heart disease or cardiovascular risk factor (e.g hypertension and smoking)
  • 47. No contraindicatio to medical abortion Adolescence age or >35 , anemia , insulin dependent diabetes mellitus, thyroid disorders, multiple pregnancies, obesity, previous caesarean section, smoking, uterine malformation – congenital and acquired and previous cervical surgeries
  • 48. Medical Abortion is Not Advised if No quick access to 24 hrs emergency service Patents unable to take responsibility excessive anxiety wanting quick abortion language or comprehensive barrier not willing for surgical abortion in case of failure living alone
  • 49. Take home message • It is necessary to do register your nursing home under the MTP act, if you are going to do MTP • Must follow all the rules and regulations under MTP strictly and correctly • All paper work must be complete before you start an MTP ,one never knows when an emergency arises • Cultivate good habits like keeping and preparing documents well in time . • Medical Abortion is safe & public awareness to be created
  • 50. In matters of style, swim with the current; in matters of principle, stand like a rock. Be LAW abider
  • 51. ADDRESS 11 Gagan Vihar, Near Karkari Morh Flyover, Delhi - 51 CONTACT US 9650588339, 011-22414049, WEBSITE : www.lifecarecentre.in www.drshardajain.com www.lifecareivf.com E-MAIL ID Sharda.lifecare@gmail.com Lifecarecentre21@gmail.com info@lifecareivf.com &