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Section 2(c).
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Section 3.
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Section 8.
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Section 14.
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Section 30.
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Section 37.
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Section 41.
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Section 41.
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Section 42.
Implementation of the Act
Vide the notification dated 28 January, 2010 the Act came into force in four states of India,
namely Arunachal Pradesh, Himachal Pradesh, Mizoram, Sikkim and all Union Territories.
Later, Uttar Pradesh, Rajasthan and Jharkhand have adopted the Act under clause (1) of
article 252 of the Constitution. In 2013, the State of Maharashtra planed a multi-stakeholder
committee to formulate the Maharashtra Clinical Establishment Act to an important step
towards standardization of quality and costs in the private medical sector. Further, the
Kerala Clinical Establishments (Registration, Accreditation and Regulation) Bill, 2009 is
awaiting a go-ahead from the Government to be enforced.
Work done by National Council for Clinical Establishments
8 meetings of National Council for Clinical Establishments have been held and
minutes of which are available on the website.
Five subcommittee of National Council were constituted to carry out different work
as per the Act.
Categorization of Clinical Establishments has been finalized and approved.
Minimum Standards of major general categories of clinical establishments namely
Clinics, Polyclinics, Mobile Clinics, Hospitals, Physiotherapy Centre, Health Check-up
Centre, Dental Lab, Physiotherapy, Dietetics, Integrated Counselling Centre.
Minimum Standards for 35 specialty/super-specialty wise departments/clinical
establishments has been finalized and approved by National Council.
Minimum Standards for all systems of medicine under AYUSH have been finalized
and approved by National Council.
Application Form for Provisional and Permanent Registration finalized and approved.
Certificate of Provisional and Permanent Registration finalized and approved.
Formats for collection of Information & Statistics from OPD, IPD, Lab and Imaging
Clinical Establishments have been finalized and approved.
List of Recognised Qualifications of person incharge of Clinical Establishments has
been finalized and approved by National Council.
The National Council for Clinical Establishments has approved a list of medical
treatment procedures and a standard template of costing of procedures and
services. State/UT Governments have been advised to use these for determining the
standard cost of any procedure taking into consideration all pertinent factors.
Draft Operational Guidelines have been developed for implementation of the Act by
the State Authorities.
All the States that have completed provisional registration of majority of clinical
establishments within their States may start permanent registration immediately as
the minimum standards have already been approved by the National Council.
An overview of the Clinical Establishments (Registration and Regulation) Act
public health and shall consider this responsibility as among its primary duties in particular,
the State shall endeavour to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
Hence, with the Article 47 of the Constitution lays down a responsibility upon the State for
aiming at improvement in objective to strive at fulfil this responsibility, the Government of
India enacted the Act with the objective to provide for the registration and regulation of
clinical establishments in India and for matters connected therewith or incidental thereto.
The Act defines "Clinical Establishment" and bring under the ambit of clinical establishment
all hospitals, maternity home, nursing home, dispensary, clinic, etc or an institution by
whatever name called that offers services, facilities requiring diagnosis, treatment or care
for illness, injury, etc or a place established as an independent entity or part of an
establishment in connection with the diagnosis or treatment of certain diseases. It also
includes a clinical establishment which is owned, controlled and managed by government or
a department of the Government, a trust, a corporation registered under a Central,
Provincial or State Act, a local authority and a single doctor.
Books referred
An introduction to health law, Dr. Jyoti Bhakare. 124( Swanand, Pune) 2015.
HWV Cox Medical Jurisprudence and Toxicology; P.C.Dixit; 7th edn.; 2002.
Articles referred