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Date posted: July 2, 2011

Karnataka Private Medical Establishment Act & Its implication to homeopaths

Is it uplift the quality of homeopathy practice or adversely affect ??

Read & Comment

(As amended by Karnataka Act 33 of 2010)

An Act to provide for the Promotion and Monitoring of Private Medical Establishments in the State of Karnataka and matters connected therewith or incidental thereto.

Whereas it is expedient in the public interest to promote quality health care and monitor by law the running of Private Medical Establishments in the State by stipulating minimum standards for quality of service in keeping with the principles of medical ethics; Be it enacted by the Karnataka State Legislature in the Fifty-eighth year of the Republic of India, as follows:-

The Private Medical Establishment should be satisfied,  :-

(i) that the premises housing the Private Medical Establishment is located in hygienic surroundings and otherwise suitable for the purpose for which it is established or sought to be established;

(ii) that the Private Medical Establishment is adequately staffed with qualified doctors, qualified and trained para medical personnel;

(iii) that the Private Medical Establishment has the necessary buildings with adequate space for performing its various functions, equipments and other infrastructure facilities;

(iv) that the Private Medical Establishment conforms to the standards referred to in section 9;

(v) actively participate in the implementation of all national and State health programmes in such manner as the State Government may specify from time to time; and furnish periodical reports thereon to the concerned authorities;

(vi) perform statutory duties in respect of communicable diseases to prevent the spread of the disease to other persons and report the same to the concerned public health authorities immediately;

(viii) furnish to the Registration Authority such particulars in respect of such non-communicable diseases as may be notified by the State Government from time to time.

Maintenance of clinical records.-

(1) Every Private Medical Establishment shall maintain clinical records of its activities relating to the patients under its care in the prescribed manner.

(2) Every clinical record shall be open to inspection, in due discharge of his duties, by the District Surgeon or any other officer specifically empowered in this behalf by the State Government.

(3) Every person or his family member shall be entitled to obtain a copy of the clinical record pertaining to himself on payment of appropriate charges.

Suspension or cancellation of registration.-

(1) The Registration Authority, on the basis of a complaint or otherwise if a prima facie case exists about the contravention of any provisions of this Act or the rules made there under or conditions of registration may, by order in writing and for the reason to be recorded in writing suspend or cancel the registration of a Private Medical Establishment:

Penalties.-

(1) Where any person establishes, runs or maintains a Private Medical Establishment without registration granted under section 7 he shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend upto ten thousand rupees.

(2) When a person is convicted under sub-section (1), the Registration Authority shall direct immediate closure of the un-registered Private Medical Establishment, except where a registration is cancelled or suspended and an appeal filed against such cancellation or suspension is pending.

(3) Every order made under sub-section (1) shall contain a direction that the inpatients of such unregistered Private Medical Establishment shall be transferred to such other Private Medical Establishment as may be specified in that order and it shall also contain such other provisions as to the care and custody of such inpatients pending such transfer.

Sealing premises of un-registered Private Medical Establishments.-

(1) Without prejudice to the provisions of section 19, if on a report made by the authorised officer under sub-section (1) of section 21 or otherwise the Registration Authority has reason to believe that any Private Medical Establishment is run or maintained without registration under section 7, it may order immediate closure of such Private Medical Establishment and also seal the premises:

Provided that no order under this sub-section shall be made without giving an opportunity of being heard to the person likely to be affected thereby.

(2) Every order made under sub-section (1) shall contain a direction that the inpatients of such un-registered Private Medical Establishment shall be transferred to such other Private Medical Establishment as may be specified in that order and it shall also contain such provisions as to the care and custody of such inpatients pending such transfer.

Download the bill copy : www.similima.com/pdf/karnataka-private-medical-establishment-bill.pdf

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