Q: Has the Clinical Establishments Act been adapted by all the states in India?
Answer: No. The Clinical Establishments (Registration and Regulation) Act has not yet been accepted/implemented by all the states. In any case the states included in the schedule to the Act, as given below are exempted from its application as they have their own legislations on the subject.
• The Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002,
• The Bombay Nursing Homes Registration Act, 1949,
• The Madhya Pradesh Upcharya Griha Tatha Rujopchar Sambandhi Sthapnaye Adhiniyam, 1973,
• The Manipur Nursing Homes and Clinics Registration Act, 1992,
• The Nagaland Health Care Establishments Act, 1997,
• The Orissa Clinical Establishments (Control and Regulation) Act, 1990,
• The Punjab State Nursing Home Registration Act, 1991, and
• West Bengal Clinical Establishments Act, 1950.
• UT of Delhi
Q: What is the remedy for the rural hospitals yet to be registered under this Act?
Answer: Hospitals (rural or urban) have to follow the state laws. If the Clinical Establishments (Registration and Regulation) Act has been implemented in the state then the hospital has to get registered. If the state has implemented its own Act such as (Delhi Nursing Home Registration Act 1953 in Delhi) then the hospital has to comply with that law. In case of any doubts, the individual can clarify from the District Health Officer/CMO.
Q: Is there any Amendment to this Act?
Answer: No. Not to my knowledge. However, the states may make changes in the Act before its passage by the State Assembly.
Q: What can be done for those Clinics/Dispensaries which had no knowledge about the Act and have not yet registered?
Answer: No problem. First check what Act is applicable and the date of its effectiveness in the state. The Act clearly specifies that the already existing hospitals will have to get registered within a period of 12 months from the date of enforcement of the Act as given in the government notification.
Q: Has the state of Rajasthan implemented the Act, after the protest and withholding of the Act?
Answer: The Govt of Rajasthan had decided to accept and implement the Clinical Establishments Act and issued instructions for starting online registration before 15th August. But it has not yet started. As per the news in TOI the registration has been put on hold after private doctors staged protest against some provisions of the Clinical Establishments Act.
In any case it will take time to work out the minimum standards required and put in place the infrastructure required for registration.
Q: What is the current position of this act?
Answer: Applicable in some states which have accepted and implemented it. Other states have not yet accepted it.
Note: The questions were asked by one of the India Medical Times readers in an email to the editor. The answers are by Dr S K Joshi, a hospital administrator and assessor for NABH Accreditation whose articles on the Clinical Establishments Act have been published in IMT.