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Date posted: March 1, 2012
Gazette

India Gazette New Delhi Thursday February 28,2012
The Act calls for setting up of a National Council which will classify, determine and develop standards of clinical establishments and also develop standards. Besides, with registration of clinical establishments to be made mandatory, the Council will also compile and publish a national register.

The proposed law makes it obligatory for clinical establishments to provide treatment and stabilise anyone who comes in an “emergency medical condition”.

The Act would apply to all clinical establishments belonging to any recognised systems of medicine as well as single doctor establishments with or without beds.

No representative from the recognized homoeopathic associations in this council – but from Allopathy, Ayurveda, Unani, Sidha,dental etc.

This Act may be called the Clinical Establishments (Registration and Regulation) application  Act, 2010.

Clinical establishment means
(i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium  or an institution by whatever name called that offers services, facilities requiring  diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine established and administered or maintained  by any person or body of persons, whether incorporated or not; or

Emergency medical condition : means a medical condition manifesting itself  by acute symptoms of sufficient severity (including severe pain) of such a nature that  the absence of immediate medical attention could reasonably be expected to result  in

(i) placing the health of the individual or, with respect to a pregnant women, the health of the woman or her unborn child, in serious jeopardy; or
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any organ or part of a body;

The National Council shall consist of
(a) Director-General of Health Service, Ministry of Health and Family Welfare, ex officio, who shall be the Chairperson;

(b) four representatives out of which one each to be elected by the

  • Dental Council of India constituted under section 3 of the Dentists
  • Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956;
  • Nursing Council of India constituted under section 3 of the Indian Nursing Council Act, 1947;
  • Pharmacy Council of India constituted under section 3 of the Pharmacy Act, 1948;

(c) three representatives to be elected by the Central Council of Indian Medicine  representing the Ayurveda, Siddha and Unani systems of medicine constituted under  section 3 of the Indian Medicine Central Council Act, 1970;

(d) one representative to be elected by the Central Council of Homoeopathy constituted under section 3 of the Homoeopathy Central Council Act, 1973;

(e) one representative to be elected by the Central Council of the Indian Medical  Association;

(f) one representative from the Associations of Indian Systems of Medicines relating to Ayurveda, Siddha and Unani to be nominated by the Central Government;

Powers of  National Council shall
(a) Compile and publish a National Register of clinical establishments within two Council years from the date of the commencement of this Act;
(b) Classify the clinical establishments into different categories;
(c) Develop the minimum standards and their periodic review;
(d) Determine within a period of two years from its establishment, the first set of standards for ensuring proper healthcare by the clinical establishments;
(e) Collect the statistics in respect of clinical establishments;
(f ) Perform any other function determined by the Central Government from time  to time.

Download the bill : www.similima.com/pdf/clinicalebill.pdf

Source : www.prsindia.org 

Just have a discussion on this bill 

Comments

6 Responses so far.

  1. Dr. A.K.Gupta says:

    Howcome this happened that Homoeopathic represntation is missing? This calls for more sincere efforts in direction of National Council participation. No politics and apathetic and indifferent attiude should be encouraged on the contrary all efforts should be made for te cause of homoopathy.

  2. We should have a Homeopathic representation too on the National Council platform. The higher authorities in Homeopathy who have a strong hold and a high level post should persistenly follow it up. Only then, things will change or atleast start changing for the better present and future of Homeopathy and Homeopaths alike. Hope and try for the best.

  3. Dr KRK Prabhakara Murty, National President, IIHP says:

    It is very sad to know that no recognised Homoeopathic association is invited for talks before taking the decision of the bill or later turning into act. we had no information about it also officially. we shall force the central government to take the recognised associations into confidence and cognizance before taking up such things.

  4. Dr. R.N. WAHI says:

    We do not know, whether the Homoeopathic Establishments by the Government of India, e.g. Central Council of Homoeopathy, CCRH, H.P.I. etc. have been taken into confidence or not. If they are aware of it well in advance, they also should be blamed for not sharing this with the other professionals, in the various platforms, like Liga, A.H.M.L., H.M.A.I.,I.I.H.P, or other local associations. When providing emergency medical care is being made obligatory for all clinics, what about their immunity under the Medico-legal situations. It is unfortunate that the individual professionals are not provided any immunity, although they would be more exposed to the dictats of the anti-social elements. Similarly, the economics of these clinics have to be worked out before exposing them to the Inspector Raj.Further, the irony is that at present there are no job opportunities, and that perhaps is the reason, that after graduation, a good percentage of the young doctors change their profession to I.T. industry, or other places. The admission to Homoeopathic Colleges is generally not the first choice of the entrants. These are some of the factors which must be considered.

  5. Its time that all our Homeopathic associations state and National a wake up.
    Let the Senior staff of especially Government HOMEOPATHIC Hospitals, colleges, Institutes, CCRH,CCH use their Good Office’s, and create an awareness of their presence with
    officials of National council– to avoid a Blunder – by trying to keep distance – Homoeopathic system of medicine

  6. Dr Mohd Iqbal says:

    Imposition of clinical establishment act is ” making a blind man a traffic inspector & oblised to pay duties at the main circle of the city “. Then comes the statement about good governance in the city.
    ..How come we would be Shining India in the years to come.
    Iqbal

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