West Bengal Clinical Establishments (Registration and Regulation) Act, 2010
No: 26 Dated: Oct, 05 2010
THE WEST BENGAL CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) ACT, 2010.
West Bengal Act XXVI of 2010
An Act to provide for the registration and regulation of clinical establishments of the State and for matters connected there with or incidental there to.
Whereas it is expedient, in the public interest, to provide for registration and regulation of clinical establishments and to prescribe the minimum standards of facilities and services to be provided by them;
It is here by enacted in the Sixty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:-
CHAPTER I
Preliminary
1. Short title, extent, commencement and application. - (1) This Act may be called the West Bengal Clinical Establishments (Registration and Regulation) Act, 2010.
(2) It extends to the whole of the State of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
(4) It shall apply to all clinical establishments other than -
(a) any clinical establishment maintained by, or under the control of, the State Government, Central Government or local Self-Government or any local authority; or
(b) any clinical establishment or asylum established or licensed under the Mental Health Act, 1987 (14 of 1987); or
(c) the clinical establishments owned, controlled or managed by the Armed Forces.
Explanation. - For the purpose of this clause "Armed Forces" means the forces constituted under the Army Act, 1950 (46 of 1950), the Air Force Act, 1950 (45 of 1950) and the Navy Act, 1957 (62 of 1957).
2. Definitions. - In this Act, unless there is any repugnant in the subject or the context, -
(a) "adjudicating authority" means the authority appointed under section 34.;
(b) "appellate authority" means the authority appointed under section 26;
(c) "clinical establishment" means the whole or part of institution, facility with or without bed or beds, building or premises of any Hospital, Maternity Home, Nursing Home, Dispensary, Clinic, Polyclinic, Immunization or Vaccination Centre, Sanatorium, Physical Therapy Establishment,Clinical Laboratory, Fertility Regulation Clinic, Wellness Clinic or an establishment analogous to any of them by whatever name called, used or intended to be used for the health care related services established and administered or maintained by any person or body of persons, whether incorporated or not; and shall include -
(i) a clinical establishment for profit or not for profit, owned, controlled or managed by, -
(a) a trust, whether public or private;
(b) a Corporation (including a co-operative society), not owned by the Government, registered under a Central Act, or State Act; and
(ii) a single doctor establishment or medical clinic.
Explanation. - "medical clinic" shall mean a place used or intended to be used for consultation and treatment by a registered medical practitioner;
(d) "clinical laboratory" means any establishment or premises used or intended to be used for the -
(i) pathological, bacteriological, genetic, radiological, chemical, biological or other tests, examination, analysis or collection of sample and specimen or other diagnostic or investigative services, procedure or intervention, or
(ii) preparation of cultures, vaccines, sera or other biological or microbiological products,
with the aid of laboratory or other medical equipment for the purpose of diagnosis, treatment or research of diseases;
(e) "health care" means testing, treatment, care, procedures and any other service or intervention towards the nursing, preventive, promotive, curative, rehabilitative, palliative, diagnostic research or other health related purpose or combinations thereof in any recognized system of medicine for the convalescence, illness, sickness, injury, infirmity, deformity, abnormality or pregnancy or any other physiological condition whether of body or mind, and also includes any of these as a result of participation in a medical research programme;
(f) "improvement notice" means a notice issued under section 23;
(g) "license" means license issued under this Act to keep or carry on a clinical establishment consequent upon registration;
(h) "licensing authority" means the "District registering authority" under section 5;
(i) "maternity home" means any establishment or premises used or intended to be used for the reception or accommodation for women for the purpose of confinement and ante-natal and post-natal care in connection with childbirth, sterilization, medical termination of pregnancy, or anything connected therewith;
(j) "notification" means a notification published in the Official Gazette;
(k) "nursing home" means any establishment or premises used or intended to be used for the reception or accommodation for persons suffering from sickness, illness, injury or infirmity whether of body or mind for the purpose of observation, nursing, treatment and other health care and includes a maternity home;
(l) "physical therapy establishment" means any establishment or premises used or intended to be used for the massaging, electrotherapy, hydrotherapy, remedial gymnastics or similar services, for the purpose of treatment of diseases or of infirmity or for improvement of health, or for purpose of relaxation or for any other purpose whatsoever, whether or not analogous to the purpose hereinbefore mentioned in this clause;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "prohibition order" means an order issued under section 21;
(o) "recognized system of medicine" means Allopathy, Yoga, Naturopathy, Ayurveda, Homoeopathy, Siddha and Unani Systems of medicines or any other system of medicine recognized by the Government;
(p) "registration" means registration done under this Act;
(q) "register" means the register maintained by the 'licensing authority', or the State Registrar under sections 9, or 10 of this Act, as the case may be, containing the number of clinical establishments registered and the expressions "registered" and "registration" shall be construed accordingly;
(r) "registered medical practitioner" means a medical practitioner registered under the relevant Medical Act and shall include a person who possesses any of the recognized medical qualifications and who has been enrolled in the register of the respective Medical Council, viz., Allopathy, Dental, Homeopathic and Board of Indian Medicine or any such council, Board or any other statutory body recognized by the Government of West Bengal;
(s) "registered nurse" or 'registered midwife' means a nurse or midwife registered under the Bengal Nurses Act, 1934(Ben. Act X of 1934.).
(t) "Tribunal" means the West Bengal Clinical Establishments Tribunal constituted under section 35;
(u) "rules" means rules made under this Act;
(v) "section" means the section of this Act;
(w) "service provider" means a medical doctor, nurse, midwife, other paramedical professional, social worker or other appropriately trained and qualified person with specific skills relevant to particular health care services, and any reference to "service provider" shall mean the same unless specifically stated otherwise;
(x) "service recipient" means person who seeks, accesses or receives any health care, as outpatient or inpatient, from any clinical establishment, or service provider, including for profit and not for profit;
(y) "standards" means the requirements that the State Government may prescribe under section 7, for the registration of clinical establishments;
(z) "State Government" means the State Government of West Bengal;
(za) "trade practice" in relation to a clinical establishment means any practice relating to the provision of services by a clinical establishment, and includes -
(i) anything done by the clinical establishment which controls or affects the price charged for services rendered by the clinical establishment, or the method of providing services by the clinical establishment;
(ii) a single or isolated action of any person in relation to any trade.
CHAPTER II.
Registration and Standards.
3. Power to seek advice or assistance. - The State Government may associate with itself any person or body whose assistance or advice it may desire in carrying out any of the provisions of this Act.
4. State Registrar of clinical establishments. - (1) The State Government shall, by notification, designate the Director of Health Services (by whatever name called) or any other officer subordinate to him as the State Registrar of clinical establishments.
(2) It shall be the responsibility of the State Registrar of clinical establishments to compile and update the State register of clinical establishments.