Chapter – 3

Chapter – 3 Consultation and Technology
9. Doctor’s advice (opinion) :

(1) The doctor shall prescribe his/her opinion in the format prescribed in Schedule – 7, while making abortion
with the consent of the concerned women, in the situation that if the abortion of any pregnant woman has not been done any of the following consequences may take place as according to the medical system and on any other basis that supports the matter.
(a) may danger in the life of concerned pregnant women,
(b) may physically and mentally destroy (deteriorate) the health of the concerned women,
(c) may born the children with disability.
Clarification : For the purpose of this clause “disability” refers to any of the following conditions :
(a) due to the serious weakness in the fetus chances of death in the womb during the pregnancy or if even
born, the children in the womb has a such problem that it may not survive,
(b) Due to the genetic defect or any other reason, the children may have serious physical and mental
disability.
(2) Notwithstanding anything contained in Sub-section (1), if the abortion of a pregnant women has done with any of the following reason, the advice of a doctor may not require :–
(a) Up to twelve weeks pregnancy, with the consent of the concerned pregnant women,
(b) Up to Eighteen weeks pregnancy which has caused by the rape of incest relationship (sexual
intercourse), with the consent of concerned pregnant women.

10. Consent and other documents :

(1) The pregnant women desiring to receive the service shall provide her consent for abortion to the
concerned doctor or Health worker, in the format prescribed in Schedule-8.
(2) Notwithstanding anything contained in Sub-section (1), on behalf of the insane (unconscious) and minor (less than 16 years of age) women such consent may be written by the nearest kin of concerned pregnant.
(3) The doctor or health worker shall register the consent document that has been received pursuant to Sub-section (1) and (2) in the register of the health institution and also shall mention the registration number and date.
(4) The doctor or health worker shall provide the service considering the statement given by the concerned pregnant women expressing that the pregnancy has been due to the rape or incest relationship (sexual intercourse) as a credible evidence or shall send (refer) her to the appropriate doctor or health worker.
(5) The concerned doctor or health worker shall mention the age of the fetus on the record (register) after determining it on the basis of the statement expressed by a pregnant women who has desired to receive the service and also on any other technical basis which may assist in approving the statement if that exists.

11. Technology and counseling service :

(1) Each Doctor, Health worker or Health Institution shall generally follow the following
technique while providing the service:-

(a) For the pregnancy up to the twelve weeks period, Manual Vacuum Aspiration (MVA), Electronic
Vacuum Aspiration (EVA), Pharmacological and Dilatation and Curates (D and C) ,
(b) For more than twelve weeks period, In addition to the techniques mentioned in clause (a), Dilation and Evacuation (D and E) and any other technique proved appropriate with the professional aspect.
(2) While providing service or counseling on the subject, a doctor or while providing a service, a health worker shall also provide the counsel service on the subjects of probable risk of physical harm that may occur with technical point of view to the concerned pregnant woman during the abortion, It’s benefits, alternatives and family health
and family planning.

12. Privacy to be maintained :

(1) The concerned doctor or health worker or health institution shall keep all types of documents and archives (records) along with the doctor’s advice which has been provided to a health worker or health institution by the pregnant women pursuant to Section-9 and 10, in safe form. Such records and the details mentioned in that shall be kept confidential without providing information to others.
(2) Notwithstanding anything contained in Sub-section (1), It shall not be considered to be restricted to provide such notice and documents or the information mentioned on that, in the following circumstances :-
(a) If requested by an investigation officer or a court in the course of investigation or hearing of any cases,
(b) To quote without making any identification of concerned women for the research or study on safe
abortion service,
(c) If the concerned woman herself has demanded the related records.
(3) In the course of providing the service, the concerned health institution shall regularly provide the updated details of the service provided by it to the department preparing in the format prescribed by Schedule – 9 and on the basis of the documents maintained pursuant to Sub-section (1).