Clinical Establishments Act, 2010 is coming into force today

India Gazette New Delhi Thursday February 28,2012
The Act calls for setting up of a National Council which will classify, determine and develop standards of clinical establishments and also develop standards. Besides, with registration of clinical establishments to be made mandatory, the Council will also compile and publish a national register.

The proposed law makes it obligatory for clinical establishments to provide treatment and stabilise anyone who comes in an “emergency medical condition”.

The Act would apply to all clinical establishments belonging to any recognised systems of medicine as well as single doctor establishments with or without beds.

No representative from the recognized homoeopathic associations in this council – but from Allopathy, Ayurveda, Unani, Sidha,dental etc.

This Act may be called the Clinical Establishments (Registration and Regulation) application  Act, 2010.

Clinical establishment means
(i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium  or an institution by whatever name called that offers services, facilities requiring  diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine established and administered or maintained  by any person or body of persons, whether incorporated or not; or

Emergency medical condition : means a medical condition manifesting itself  by acute symptoms of sufficient severity (including severe pain) of such a nature that  the absence of immediate medical attention could reasonably be expected to result  in

(i) placing the health of the individual or, with respect to a pregnant women, the health of the woman or her unborn child, in serious jeopardy; or
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any organ or part of a body;

The National Council shall consist of
(a) Director-General of Health Service, Ministry of Health and Family Welfare, ex officio, who shall be the Chairperson;

(b) four representatives out of which one each to be elected by the

• Dental Council of India constituted under section 3 of the Dentists
• Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956;
• Nursing Council of India constituted under section 3 of the Indian Nursing Council Act, 1947;
• Pharmacy Council of India constituted under section 3 of the Pharmacy Act, 1948;

(c) three representatives to be elected by the Central Council of Indian Medicine  representing the Ayurveda, Siddha and Unani systems of medicine constituted under  section 3 of the Indian Medicine Central Council Act, 1970;

(d) one representative to be elected by the Central Council of Homoeopathy constituted under section 3 of the Homoeopathy Central Council Act, 1973;

(e) one representative to be elected by the Central Council of the Indian Medical  Association;

(f) one representative from the Associations of Indian Systems of Medicines relating to Ayurveda, Siddha and Unani to be nominated by the Central Government;

Powers of  National Council shall
(a) Compile and publish a National Register of clinical establishments within two Council years from the date of the commencement of this Act;
(b) Classify the clinical establishments into different categories;
(c) Develop the minimum standards and their periodic review;
(d) Determine within a period of two years from its establishment, the first set of standards for ensuring proper healthcare by the clinical establishments;
(e) Collect the statistics in respect of clinical establishments;
(f ) Perform any other function determined by the Central Government from time  to time.

Download the bill : www.similima.com/pdf/clinicalebill.pdf

Source : www.prsindia.org 

Just have a discussion on this bill