THE WEST BENGAL CLINICAL ESTABLISHMENTS (REGISTRATION, REGULATION AND TRANSPARENCY) ACT, 2017

Excerpts from the Act ..

WHEREAS it is expedient, in the public interest, to provide for registration,
regulation and transparency in the functioning and activities of clinical establishments
licensed under this Act, to preserve minimum standards of facilities and service to be
provided by them to the service recipients…..

(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; or
(c) the clinical establishments owned, controlled or managed by the Armed
Forces.

…….(n) that every clinical establishment shall immediately after coming into force
of this Act, implement e-Prescription, maintain Electronic Medical
Records and provide a set of all medical records and treatment details
along with the discharge summary at the time of discharge of the service
recipient;…………………….

…….(o) that every clinical establishment shall strictly follow the fixed rates and
charges including the Package Rates for investigation, bed charges,
operation theatre procedures, Intensive Care, ventilation, implants,
consultation and similar tests and procedures, and any additional treatment
or procedure shall not attract additional charges over and above such
fixed rates and charges including the Package Rates;……………………..

…………….(p) that every clinical establishment shall provide proper estimates for
treatments not covered in fixed rates and charges including the Package
Rates, to the service recipients or representative of service recipients
during initiation or due course of treatment, and final bills shall not
exceed estimates by a certain percentage, as may be prescribed by the
Government;
(q) that every clinical establishment shall strictly discourage repetitive
laboratory tests for any service recipient, unless essential;
(r) that every clinical establishment having more than 100 beds may endeavour
setting up Fair Price Medicine Shop and Fair Price Diagnostic Centre;
(s) that any clinical establishment which has received land or other facility…………………..

…………………..(u) that no person shall be subject to any discrimination in any form or
manner, by the clinical establishment in access to facilities, goods, care
and services including admission, on any of the grounds of nationality,
sex, physical or mental disability, occupation, religion, sect, language,
caste, political or other opinion, actual or perceived health status and
disease condition like Human Immunodeficiency Virus (HIV) infection
or Acquired Immunodeficiency Syndrome (AIDS) or such other diseases
as may be prescribed or such other arbitrary grounds;…………………..

…………..that the clinical establishment shall actively participate in the
implementation of all National and State Health Progammes including
prevention of spread of communicable diseases in such manner as the
State Government may specify from time to time and furnish periodical
reports thereon to the authorities concerned…………….

……….2) The West Bengal Clinical Establishment Regulatory Commission shall consist
of—
(a) a Chairperson, appointed by the State Government, who is or has been a
High Court Judge or any officer who has held the office of Chief Secretary,
Additional Chief Secretary in the State Government or any officer who
has held equivalent post in the Government of India:
Provided that a retired High Court Judge, if appointed as Chairperson,
may pursue his professional work;
(b) a Vice -Chairperson who is a person of eminence to be appointed by the
State Government;
(c) members not exceeding eleven in number, to be appointed by the State
Government, selected from the fields of medicine including diagnostics,
public health, academia, social services, law, finance, public
administration, nursing and consumer interests…………….

 

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