Since health is a State subject, it is the responsibility of the State Government to issue guidelines for providing ventilator bed facility in an emergency situation on immediate basis to seriously ill persons including accident victims in all Government/private hospitalsand take action against the hospitals, who refuse to provide treatment to seriously ill persons including accident victims.

However, in pursuance of judgement of the Hon’ble Supreme Court in Writ Petition No. 235 of 2012, Ministry of Health and Family Welfare have issued guidelines in August 2015 to all States/UTs on Good Samaritans in which, inter alia, it has been mentioned that “Lack of response by a doctor in an emergency situation pertaining to road accidents, where he is expected to provide care, shall constitute “professional Misconduct” under Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 and disciplinary action shall be taken against such doctors under Chapter 8 of the said Regulations.” It is the responsibility of the respective State Government/UT to take action against the said hospitals.

In so far as the three central Govt. Hospitals viz. Safdarjung Hospital, Dr. RML Hospital and LHMC are concerned, they have adequate number of ventilator bed facilities in an emergency situation.

The Health Minister, Shri J P Nadda stated this in a written reply in the LokSabha here today.

Source Ministry of Health and Family Welfare 26-February, 2016