MTP Act Final

THE MEDICAL TERMINATION
OF PREGNANCY ACT, 1971
Presented by:
SAVITA S H
LEGAL FRAMEWORK
 MTP Act
 lays down when & where pregnancies can be
terminated
 Grants the central govt. power to make rules and the
state govt. power to frame regulations
 MTP Rules
 lays down who can terminate the pregnancy, training
requirements, approval process for place, etc .
 MTP Regulations
 lays down forms for opinion, maintenance of records
 custody of forms and reporting of cases
LEGAL ABORTIONS
Abortions are termed legal only when all the
following conditions are met:
 Termination done by a medical practitioner
approved by the Act
 Termination done at a place approved under the
Act
 Termination done for conditions and within the
gestation prescribed by the Act
 Other requirements of the rules & regulations are
complied with
DEFINITIONS UNDER THE
ACT
 "guardian" means a person having the care of the
person of a minor or a lunatic.
 "lunatic" has the meaning assigned to it in Section 3 of
the Indian Lunacy Act, 1912
 "minor" means a person who, under the provisions of
the Indian Majority Act,1875, is to be deemed not to
have attained his majority;
 "registered medical practitioner" means a medical
practitioner who possesses any recognised medical
qualification as defined in clause (h) of Section 2 of the
Indian Medical Council Act, 1956, whose name has been
entered in a State Medical Register and who has such
experience of training in gynaecology and obstetrics as
may be prescribed by rules made under this Act.
When Pregnancies Can Be
Terminated????
 Up to 20 weeks gestation
 With the consent of the women. If the women is
below 18 years or is mentally ill, then with
consent of a guardian
 With the opinion of a registered medical
practitioner, formed in good faith, under certain
circumstances
 Opinion of two RMPs required for termination
of pregnancy between 12 and 20 weeks
MTP ACT INDICATIONS
 Continuation of pregnancy constitutes risk to the life or
grave injury to the physical or mental health of woman
 Substantial risk of physical or mental abnormalities in
the fetus as to render it seriously handicapped
 Pregnancy caused by rape (presumed grave injury to
mental health)
 Contraceptive failure in married couple (presumed
grave injury to mental health)
PLACE FOR CONDUCTING
MTP
A hospital established or maintained by
Government
or
A place approved for the purpose of this Act by a
District-level Committee constituted by the
government with the CMHO as Chairperson.
MTP RULES : What Are They
For?
 Enable proper implementation of the provisions
of the Act
 Ensure that MTP services are provided by
qualified persons in safe and hygienic settings
 Help to monitor quality of services
MTP RULES: What Do They
Cover?
 Experience & training required for providers.
 Approval of a place for terminating pregnancy
under the Act.
 Composition & tenure of District Level
Committee.
 Inspection, cancellation or suspension of
approval.
 Consent form.
DEFINITIONS UNDER
RULES
 Definitions - In these rules, unless the context
otherwise requires,-
 "Act means the Medical Termination of Pregnancy Act, 1971
(34 of 1971);
 "Chief Medical Officer of the District" means the Chief
Medical Officer of a District, by whatever name called;
 "Form" means a form appended to these rules
 "Owner" in relation to a place, means any person who is the
administrative head or otherwise responsible for the working
or maintenance of such hospital or clinic, by whatever name
called
 "Place" means such building, tent, vehicle, or vessel, or part
thereof, as is used for the establishment or maintenance
therein of a hospital or clinic which is used, or intended to be
used, for the termination of any pregnancy.
 "Section" means a section of the Act.
Who Can Perform MTP ?
A medical practitioner (RMP)
 who has a recognized medical qualification as
defined in clause (h) of section 2 of Indian Medical
Council Act, 1956
 Whose name has been entered in a State Medical
Register and
 Who has such experience or training in Gynecology
and Obstetrics as prescribed by Rules made under
the Act
MTP RULES: Training
Requirement - 1
For termination up to 12 weeks:
 A practitioner who has assisted a registered medical
practitioner in performing 25 cases of MTP of which
at least 5 were performed independently in a hospital
established or maintained or a training institute
approved for this purpose by the Government
MTP RULES: Training
Requirement - 2
For termination beyond 12 weeks and up to 20
weeks
 A practitioner who holds a post-graduate degree or
diploma in Obstetrics and Gynecology
 A practitioner who has completed six months house
job in Obstetrics and Gynecology
 A practitioner who has at least one-year experience
in practice of Obstetrics and Gynecology at a
hospital which has all facilities
 A practitioner registered in state medical register
immediately before commencement of the Act,
experience in practice of Obstetrics and Gynecology
for a period not less than three years.
APPROVAL OF A PLACE
 No place shall be approved under clause (b) of
Section 4, unless the Government is satisfied
that termination of pregnancies may be done
therein under safe and hygienic conditions and
unless the following facilities are provided
therein namely:-
 An operation table and instruments for
performing abdominal or gynaecological
surgery:
 anaesthetic equipment, resuscitation
equipment and sterilisation equipment
 drugs and parenteral fluids for emergency use.
APPROVAL PROCESS
 Application in Form A to be addressed to CMHO by
place seeking approval
 CMHO verifies or inspects the place to satisfy that
termination can be done under safe & hygienic
conditions
 CMHO recommends approval to the committee
 Committee considers application & recommendation
and approve and issue certificate of approval in Form
B
 Place to be inspected within 2 months of receiving
application.
 Certificate to be issued within 2 months of inspection.
APPROVING
COMMITTEE
 District level MTP Committee
 Minimum of 3 & Maximum of 5 members
including chairperson (CM H O)
 Composition of the committee:
 One medical person (Gyne/Surgeon/Anestheist)
 One member from local medical profession;
NGO & Panchayati Raj Institution of the district.
 At least one member shall be a woman.
 Tenure: 2 calendar years
INSPECTION
 CMHOs to inspect to ensure safe & hygienic
conditions for conduction of MTPs.
 If the place is found unsatisfactory for safe and
hygienic termination the CMHO can Call for
information and seize any article, medicine,
ampule, admission register or other
document, maintained, kept or found at
the place.
CANCELLATION/SUSPENSION
 CMHO to report the committee for unsafe and
unhygienic conditions.
 Committee can suspend or cancel approval
after giving the owner an opportunity for
representation
 Owner can reapply to the committee after
making additions and improvements.
 During suspension the place be deemed as
non-approved.
FORM A-APPLICATION FOR
APPROVAL OF A PLACE
 Name of the place (in capital letters)
 Address in full
 Non-Governmental/Private/Nursing Home/Other
Institutions*
 State, if the following facilities are available at the place -
 An operation table and instruments for performance
abdominal or gynaecological surgery.
 Drugs and parental fluid in sufficient supply emergency
cases
 Anaesthetic equipment, resuscitation equipment and
sterilisation equipment.
 Place :
 Date :
 Signature of the owner of the place
FORM B-CERTIFICATE OF
APPROVAL
 It states that the place described below is
hereby approved for the purpose of the
Medical Termination of Pregnancy Act, 1971
(34 of 1971).
 Name of the Place
 Address and other descriptions
 Name of the owner
 Place :
 Date :
 to the Government of the ...................
FORM C - CONSENT
 I ............................................................... daughter/wife of ............................................... aged
about ............................................ Years of ........................................................................
(here state the permanent address)
at present residing at ............................................................... do hereby give my consent to
be termination of my pregnancy at ...............................................
(State the name of place where the pregnancy is to be terminated).
 Place :
 Date :
 Signature
 (To be filled in by guardian where the woman is a lunatic or minor).

 I ................................................. son/daughter/wife of ...................................................... aged
about ......................................... Years of ............................................. at present residing
at ............................................................................................. (permanent
address) ............................................... do hereby give my consent to the termination of my
pregnancy of my ward ......................................... who is a minor/lunatic
at ................................................
(Place of termination of pregnancy).
 Place :
 Date :
 Signature
MTP REGULATIONS: What Do
They Cover?
 Forms to be required for making opinion,
admission register and reporting of MTPs
 Custody of forms
 Prevention of disclosure of information
DEFINITIONS UNDER
REGULATIONS
 "Act" means the Medical Termination of Pregnancy Act,
1971 (34 of 1971);
 "Admission Register" means the register maintained
under regulation 5
 "Approved place" means a place approved under rule
4 of the Medical Termination of Pregnancy Rules, 1975;
 'Chief Medical Officer of the State" means the Chief
Medical Officer of the State, by whatever name called
 "Forms" means a form appended to these regulations;
 "Hospital" means a hospital established or maintained
by the Central Government or, the Government of
Union territory.
 "Section" means a Section of the Act.
What The Regulations
Include….????
 Forms of certifying opinion or opinions
 Custody of forms
 Maintenance of admission register
 Admission register not to be open to
inspection
 Entries in registers maintained in hospital
or approved place.
 Destruction of Admission Register and
other Papers
FORMS OF CERTIFYING
OPINION
 Every registered medical practitioner who
terminates any pregnancy shall, within
three hours from the termination of the
pregnancy certify such termination in
Form 1.
CUSTODY OF FORMS
 The consent and the certified opinion given by the
medical practitioner will be sealed in an envelope and
kept in safe custody until it is sent to the head of the
hospital or owner of the approved place of the Chief
Medical Officer of the State.
 Every such envelope should contain the serial number
assigned to the pregnant woman in the Admission
Register and the name of the registered medical
practitioner or practitioners by whom the pregnancy was
terminated and such envelope shall be marked "Secret".
 Every head of the hospital or owner of the approved place
shall send to the Chief Medical Officer of the State a
weekly statement of cases where medical termination of
pregnancy has been done in Form II.
MAINTENANCE OF
ADMISSION REGISTER
 Every head of the hospital or owner of
the approved place shall maintain a
registered in Form III for recording
therein the admissions or woman for the
termination of their pregnancies.
 The Admission Register shall be a secret
document and the information contained
therein as to the name and other
particulars of the pregnant woman shall
not be disclosed to any person.
DESTRUCTION OF ADMISSION
REGISTER AND OTHER PAPERS
 Every Admission Register shall be
destroyed on the expiry of a period of five
years from the date of the last entry in
that Register and other papers on the
expiry of a period of three years from the
date of termination of the pregnancy
concerned.
No woman can call
herself free until she can
choose consciously
whether she will or will
not be a mother.
A choice is only
possible if there are
genuine alternatives
and MTP act provides
this choice to every
woman.
THANK YOU

MTP Act Final

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THE MEDICAL TERMINATION

OF PREGNANCY ACT, 1971

 (To be filled in by guardian where the woman is a lunatic or minor).

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