Legal issues and Agencies in Disaster


Legal issues
1. Federal legislation      2. Restrains
3. Consent to treatment   4. Mandatory responding
5. Evidence collection & preservation
1.     Federal legislation:
·        Past federal legislation has mandated that any patient who presents to an emergency department seeking treatment must be rendered is regardless of financial ability to pay for services
·        Consolidated Omnibus Budget Reconciliation Act (COBRA) 1986 and Omnibus Budget Reconciliation Act (OBRA) 1990-
·        Emergency department personnel should stabilize any Client considered medically unstable before transfer to another health care facility
·        Emergency medical treatment and activate labour ACT (1988,89,90,94.)
·        Medical recovery examination be performed on all the each clients before solicitation of information about ability to pay
2.     Consent to treatment
·        If patient is able — consent from patient
·        If not —from bystanders
·        Other cases—emergency doctor
·        Emergency medical treatment Act 1986
·        When a client comes to a emergency department or hospital an appropriate medical screening must be done within the hospital capacity
3.     Restrains : Record, why the patient got restrained and what care you are planning to give and get consent from patient party Explain everything
4.     Mandatory reporting
Everything should be reported to higher authority
Eg: MS, or medical director, to the local government in case of disasters or any other who are related with the emergency condition
5.     Evidence collection and preservation:
Should be collected, preserved and handover to higher authority
The Disaster Management Act 2005 — inacted on 23rd December 2005 lays down institutional and coordination mechanism at all level and provides for establishment of Disaster Mitigation Fund and Disaster Response Fund at national, state and district level.
Rehabilitation: Aspects of rehabilitation:
·        Social rehabilitation-restoration of social life
·        Medical rehabilitation-maintenance of physical and physiological health by medical treatment
·        Vocational rehabilitation
·        Psychological rehabilitation
·        Relocation
·        Financial
State, national, international role on disaster management
·        The ministry of agriculture
·        Emergency medical relief wing to co-ordinate all activities of health
·        Non governmental organizations helps in community participation and education
Nodal Agencies for Disaster Management
·        Floods : Ministry of Water Resources, CWC
·        Cyclones : Indian Meteorological Department
·        Earthquakes : Indian Meteorological Department
·        Epidemics : Ministry of Health and Family Welfare
·        Avian Flu: Ministry of Health, Ministry Of Environment, Ministry of Agriculture and Animal Husbandry
·        Chemical Disasters : Ministry of Environment and Forests
·        Industrial Disasters : Ministry of Labour
·        Rail Accidents : Ministry of Railways
·        Air Accidents : Ministry of Civil Aviation
·        Fire : Ministry of Home Affairs
·        Nuclear Incidents : Department of Atomic Energy
·        Mine Disasters : Department of Mines
Indian metrological department has 5 centers
Kolkata, Vishakpattnam, Chennai, Mumbai, Bhuvaneshvwar
Gives signal to ships
Insat disaster warning system
In Andrapradesh and Tamilnadu
Snow and volcanic study system situated at Manali
 International agencies
·        UN office for Co-ordination of humanitarian affairs
·        WHO
·        FAO
·        UNICEF
·        European community Humanitarian office
·        Organization of American states        
·        Centre of co-ordination for prevention of national disasters in central America
·        Disaster Emergency Response Agency
·        International committee of Red Cross
·        International council of voluntary agencies(ICVA)
·        International Federation of Red cross
·        A National Disaster Mitigation Fund will be administered by NDMA. States and districts will administer mitigation funds.
·        A National Disaster Response Fund will be administerd by NDMA through the National Executive Committee. States and Districts will administer state Disaster Response Fund and Disaster Response Fund respectively,
·        8 Battalions of National Disaster Response Force (NDRF) are being trained and deployed with CSSR and MFR equipments and tools in eight strategic locations.
·        A National Disaster Management Policy and National Disaster Response Plan will also be drawn up.
 National Disaster Management Authority (NDMA)
·        The National Disaster Management Authority (NDMA) has been set up as the apex body for Disaster Management in India, with the Prime Minister as its Chairman,
·        Disaster Management Authorities will be set up at the State and District Levels to be headed by the Chief Ministers and Collectors/Zilla Parishad Chairmen respectively.



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item Legal issues and Agencies in Disaster
Legal issues and Agencies in Disaster
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