clinical establishment act

The Clinical Establishments (Registration and Regulation) Act, 2010 has been facing a lot of criticism from the medical community for various reasons, some genuine others borne out of resistance to change and fear of regulatory controls. For the benefit of those colleagues, who have not yet read the Clinical Establishments (Registration and Regulation) Act 2010 and Clinical Establishments (Central Govt) Rules, 2012, I shall first bring out the salient points of the Act.

Salient Features:

1. The Act was enacted by the Central Govt under Article 252 of the constitution for the states of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim (and also for implementation in the Union Territories). Other states have a choice of implementing this legislation or enacting their own legislation on the subject.

2. The purpose of the Act is to provide for the registration and regulation of clinical establishments with a view to prescribe minimum standards of facilities and services, which may be provided by them.

The Trinamool supremo tried to reassure private practitioners who, earlier, had raised concerns over a “draconian” piece of legislation. “Some are trying to misguide the doctors. But I would like to assure them that there is nothing to worry about. There are a few doctors against whom medical negligence complaints were registered. Our fight is against the establishment, not all but a few who are misusing it,” she said. “This medical bill will show a new path for the entire nation and all states should take it up.”

Responding to reports of private hospitals considering shutting their business in West Bengal, she said, “There are complaints against only seven or eight private hospitals. Besides, they can rectify themselves. Rest will not shut down their business. This kind of blackmailing will not be allowed here.”

On Indian Medical Association (IMA) contemplating moving court against the Act, the Chief Minister said, “It is their choice. Anybody can go to the court but do you not think that is for a public cause? I do not know. Maybe the IMA may belong to somebody. I will request them to listen to the commoners. Everybody is supporting this bill. Even doctors are supporting this bill.”