*1 Jan 2012*

*BHOPAL* : Fending off criticism over the controversial drug trials on
mentally challenged patients in Indore, the Madhya Pradesh government has
now slapped a nominal Rs 5000 penalty on the 12 government doctors who were
involved.

The penalty was for their failure to inform about the trials.

The Madhya Pradesh Nursing Homes and Clinical Establishment (registration
and License) Amendment Act 2003 requires doctors and hospitals conducting
drug trials to inform state health authorities, Indore's Chief Medical and
Health Officer (CMHO) Dr Sharad Pandit told The TOI.

"We did not ask for names and other details of those on whom the trials
were conducted, but the doctors should have furnished all details under the
Act", Dr Pandit, who is also a state Joint Director of health department,
said.

This penalty move, however, has not convinced many about the government's
intent in the issue. Health activist Dr Anand Rai, who had lodged a
complaint in the issue, asserted that the Act provided for a maximum fine
of Rs 50,000 for nursing homes and clinical establishments if they were not
registered or did not furnish monthly data. "All drug trials were performed
on patients who had gone to these government hospitals for routine
treatment. It's a criminal offence to put them under drug trials without
their consent", he said, adding that the fine imposed was the bare minimum,
and was no deterrent.

A government spokesman said instructions had been issued to ban new
drug/clinical trials in the state's medical colleges and attached
hospitals, from October 25, 2010. ``The state government is serious about
the complaints in this connection. But we will now issue fresh guidelines
after chalking out new parameters", he maintained.

However, the doctors who had conducted the controversial drug trials have
been claiming immunity from furnishing any details of any drug or vaccine
trials, citing provisions of the Drugs and Cosmetics Act 1940 (rules of
1945) -a pre-independence relic.

Incidentally, there is no provision in Schedule 'Y' of the rules giving
powers to the states to monitor/regulate drug/clinical trials. But the
government had asked the health commissioner and Chief medical and health
officer, Indore to get medical establishments who had done Clinical Trials
Registration with the central drug controller to get drug trial-related
information from 38 doctors of the Public Health and Family Welfare
Department.

Subsequently, the chief medical and health oOfficer, Indore sought details
form the president of the Nursing Homes Association and president of the
Indian Medical Association, Indore.

But government sources say they cannot do much more in the issue.
"According to rules, the identity of patients put under clinical/drug
trials should be kept secret. The doctors involved are now citing this
provision. Under the circumstances, the State Government cannot do any
direct investigation, which would involve identifying the patients", a
senior health department official claimed.

http://articles.timesofindia.indiatimes.com/2011-12-31/bhopal/30576129_1_drug-trials-government-doctors-clinical-establishment

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