The Ministry of Health and Family Welfare (MOHFW) has proposed to introduce stricter regulations for the disposal of ultrasound machines to curb the misuse of these devices for sex determination. The proposed amendments to the Pre-Conception and Pre-Natal Diagnostic Techniques (PC&PNDT) Act, 1994 aim to enhance accountability and traceability in the disposal process.
The PC&PNDT Act aims to curb the unethical practice of sex selection before or after conception. The Central Supervisory Board, constituted under the Act, in its 29th meeting on October 18, 2023, recommended amendments to further strengthen the law’s effectiveness.
Key Proposed Amendments
Mandatory Disposal Reporting
Ultrasound clinics and imaging centers will be required to inform authorities within seven days of disposing of old, unused or obsolete ultrasound machines or imaging machines or any electronic equipment used for diagnostic procedure, tests or analysis having potential of sex selection or determination of foetus pre and post-conception.
Stricter Licensing
Renewal of licenses for these facilities will be contingent upon the proper disposal of old machines. Additionally, there will be no permission granted for addition or procurement of a new machines until old machines are disposed in prescribed manner.
Enhanced Monitoring
Appropriate authorities will maintain records of disposed machines and ensure compliance with E-Waste Rules. Furthermore, authorities will also seek certificate of disposal from the all persons including the owner, employee or any other person associated with Genetic Counselling Centres, Genetic Laboratories, Genetic Clinics, Ultrasound Clinics or Imaging Centres.
Actions by Providers
The provider of such machines or equipment to any person registered under the Act must ensure appropriate disposal of such old, unused or obsolete machine or equipment as per E-Waste Rules. They shall give a declaration to such person that the machine or equipment shall be disposed of as prescribed under the Act.
The providers shall send a list of disposed machines or equipment to the concerned State/UT
Appropriate Authority and to the Central Government once in three months.
The primary goal of these amendments is to prevent the illegal use of old ultrasound machines for sex determination. By tracking the disposal of these machines, the government aims to strengthen the enforcement of the PNDT Act and promote ethical medical practices.
The MOHFW has thus issued a public notice inviting comments on these proposed amendments. The deadline for submitting comments is September 23, 2024.
These comments can be submitted electronically at pndtmohfw@gmail.com or by sending a written letter to the Ministry’s address: Under Secretary (PNDT), Room No. 757, A-Wing, 7th Floor, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi 110 001.
