Section 38A: Provision of treatment in prescribed institution

38A. Provision of treatment in prescribed institution (1) Subject to section 235A of the Criminal Code, a specialist in obstetrics and gynaecology registered as such under this Act may provide treatment to terminate a pregnancy in a prescribed institution. (2) (a) Subject to paragraph (c), no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment to which he has a conscientious objection. M60 – 19 [Issue 5] Medical Council Act (b) In any legal proceedings, the burden of proof of conscientious objection shall rest on the person claiming to rely on it. (c) Nothing in paragraph (a) shall affect any duty to participate in treatment which is necessary to save the life or to prevent grave permanent injury to the physical or mental health of a pregnant person. (3) The Permanent Secretary or a public officer deputed by him may— (a) enter and inspect a prescribed institution for the purpose of ensuring that this section is complied with; (b) require the person in charge of the institution to provide him with such information as he may require; (c) examine and make copies of, or take extracts from, any record or other document relating to any treatment. (4) Any person who— (a) being or having been involved in the keeping of a record or in providing any treatment, without the consent of the pregnant person, discloses any matter relating to the record or the treatment to an unauthorised person; (b) wilfully obstructs the Permanent Secretary or the public officer deputed by him in the exercise of his functions under subsection (2); or (c) otherwise contravenes this section, shall commit an offence. (5) (a) The Minister may make such regulations as he thinks fit for the purposes of this section. (b) Any regulations made under paragraph (a) may provide for— (i) the institutions, hospitals, clinics or other places where treatment may be provided; (ii) the form in which the opinion of the specialists referred to in section 235A (2) of the Criminal Code and the informed consent of the pregnant person concerned shall be certified; (iii) the manner in which a record shall be kept, preserved, used, disclosed, communicated or disposed of; (iv) the form and manner in which notice of a treatment and other information relating to it shall be given. (6) In this section— “prescribed institution” means such institution, hospital, clinic or other place for providing treatment as may be prescribed under subsection (5); “record” means a record which relates to any treatment; “treatment” means treatment to terminate a pregnancy for the purposes of section 235A of the Criminal Code. [S. 38A inserted by s. 5 of Act 11 of 2012 w.e.f. 15 October 2012.] [Issue 5] M60 – 20 Revised Laws of Mauritius