Clinical Establishment Bill passed in the Lok Sabha

With the passage of the much awaited Clinical Establishments Bill, 2010 in the Lok Sabha, it has become mandatory that all the clinical establishments in the country, big or small, should be duly registered as per the provisions of the Bill.

The Bill, which was pending for several years, aims to bring in uniformity in the healthcare delivery sector and prescribes enhanced penalty for the defaulters.

The proposed legislation is applicable to all the clinical establishments under all recognized systems of medicines or treatment such as Allopathy and Ayush. Another important aspect of the legislation is that it would apply to all the hospitals or clinics including single doctor establishments, with or without beds.

The legislation also makes it obligatory that any doctor in a registered clinic, hospital or other clinical establishment must provide treatment to anyone who is brought in an emergency medical condition. The patients cannot be sent back on excuses.

The Bill proposes a multi member National Council for clinical establishments to classify, determine and develop standards of clinical establishments and also to compile and publish national register of such establishments.

It also mandates that every State would set up a multi-member State Council of Clinical Establishments soon. In the states, the Registering Authority for Clinical Establishments would be a multi-member body at district level. The registration would be of two types, provisional and permanent. Permanent Registration would be provided after standards have been notified. There are different standards for different categories of clinical establishments.

The Bill says all the transactions under the proposed law would be transparent and in the public domain. The state register will help for the creation of a national database. Appeals against the orders of the Registering Authority shall lie to the State Council of Clinical Establishments.

The legislation would also empower the State Government or Registering Authority to direct any or all clinical establishments to furnish such returns/statistics or other information as may be required.