EXTRAORDINARY PUBLISHED BY AUTHORITY
No. 660, CUTTACK, WEDNESDAY, APRIL 25, 2018/BAISAKHA 5, 1940
HEALTH & FAMILY WELFARE DEPARTMENT
The 23rd April, 2018
No.12270-HFW-DCMA-MISC-0163/2017/H.— Whereas, the draft of the Odisha Clinical Establishments (Control and Regulation) Rules, 2017 was published as required under section 20 of the Odisha Clinical Establishments (Control and Regulation) Act, 1991 (Odisha Act 8 of 1992) in the Extraordinary Issue No. 1118 of the Odisha Gazette dated the 24th June 2017 under the notification of the Government of Odisha in the Health and Family Welfare Department No. 16441-DC & MA-MISC-07/2013 (pt.)/H. dated the 22nd June 2017 inviting objections and suggestions from all concerned likely to be affected thereby till the expiry of a period of ninety days from the date of publication of the said notification in the Odisha Gazette;
And, whereas, the objections or suggestions received in respect of the said draft have been duly considered by the State Government;
Now, therefore, in exercise of the powers conferred by Section 20 of the said Act and in supersession of the Odisha Clinical Establishments (Control and Regulation )Rules 1994 except as things done or omitted to be done before such supersession, the State Government do hereby make the following rules, namely:-
- Short title and commencement. — (1) These rules may be called the Odisha Clinical Establishments (Control and Regulation) Rules, 2018.
- They shall come into force on the date of their publication in the Odisha Gazette.
- — (1) In these rules, unless the context otherwise requires,—
- “Act” means the Odisha Clinical Establishments (Control and Regulation) Act, 1991
(Odisha Act 8 of 1992);
- “Form” means a form appended to these rules;
- “Government” means the Government of Odisha;
- “Schedule” means a Schedule appended to these rules;
- “Section” means a Section of the Act;
- Words and expressions used herein but not defined shall have the same meaning respectively assigned to them in the Act.
- Application for Registration. — (1) Any person who intends to establish and maintain a clinical establishment, shall apply to the supervising authority in Form ‘A’ by post or in person or electronically or as may be specified by the Government from time to time.
- The minimum requirements and standard of services shall be complied as specified in the Schedules I and II for different types of clinical establishments within six months from the date of these rules coming into force.
- The application referred to in sub-rule (1) shall be accompanied by the documents specified in the Schedule III along with the proof of payment of fees as specified in the Schedule IV which shall be deposited in the Government Treasury under the head of account “0210-MEDICAL AND PUBLIC HEALTH-01 -URBAN HEALTH SERVICES-02-RECEIPTS FROM PATIENTS FOR HOSPITAL AND DISPENSARY SERVICES-0010-CHARGES FOR SERVICE PROVIDED -02087 OTHER FEES”.
- The fees for grant of a Certificate of Registration or renewal thereof shall be nonrefundable in nature.
- The Supervising Authority, on receipt of an application for grant of certificate of registration or renewal thereof, shall transmit the same to the Inspecting Authority within the period of seven working days from the date of receipt of the application for scrutiny to ascertain if the application is inconformity with the provisions of the Act and the rules and also conduct physical inspection of the premises where the clinical establishment is proposed to be established.
- The Inspecting Authority shall ascertain the availability of the minimum standard of requirements and whether other parameters as specified in different Schedules have been complied and shall send the report of inspection in Form ‘B’ to the Supervising Authority who shall consider the same keeping in view the conditions stipulated in Section 5 and after being satisfied that there is no objection to grant certificate of registration, he shall issue such certificate in Form ‘C’ within a period of forty five days from the date of receipt of such application.
- In case of refusal of grant of Certificate of Registration or renewal, the Supervising Authority, shall inform the applicant in writing indicating clearly the deficiencies or causes of rejections, with a direction to comply the deficiencies within a period of one month for consideration.
- Renewal of Registration.— (1) The Certificate holder may apply for renewal of Certificate of Registration in Form ‘A’ to the Supervising Authority, not less than six months before the date on which the period of validity of the Certificate of Registration is due to expire and accompanied with fee prescribed in Schedule IV.
- On receipt of an application under sub-rule (1), the Supervising Authority shall, if satisfied that the certificate holder does not contravene any of the provisions as mentioned in subsection (5) of Section 6, renew the Certificate of Registration in Form ‘C’ before the expiry of the period of Certificate of Registration.
- If the application for renewal of Certificate of Registration has been filed within the time referred to in sub-rule (1) and is not disposed of by the Supervising Authority before the date of expiry of the period of such Certificate, the validity of that Certificate shall be deemed to have been extended for a further period of three months or till the Supervising Authority passes order thereon, whichever is earlier.
- Loss or damage of Certificate of Registration.— (1) In case, the Certificate of Registration is lost, defaced or stolen, the Certificate holder shall apply to the Supervising Authority along with a fee of five hundred rupees in shape of Treasury Challan deposited in the Government Treasury under the head of account specified in sub-rule (3) of rule 3 with a self declaration to the effect that the Certificate of Registration is actually defaced, lost, damaged or stolen and in case such Certificate is stolen or lost, a copy of FIR lodged in the police station shall be enclosed therewith.
(2) After receipt of such application made under sub-rule (1), the Supervising Authority after being satisfied with the fact, may issue a Certificate of Registration marked as ‘duplicate’.
- Inspection of Clinical Establishment.— The Supervising Authority or the Inspecting Authority shall inspect the clinical establishments by entering into the premises as and when required in presence of the In-charge of a clinical establishment or in his absence, any other person looking after the affairs and management of the clinical establishment so as to satisfy himself that the provisions of the Act and the rules have been duly complied with and shall submit a report to that effect to the Supervising Authority, if the authority inspecting is not the Supervising Authority.
- Maintenance of registers and records by Clinical Establishment. — (1) Every clinical establishment registered under the Act shall maintain all such registers and records in Form ‘D’ and shall produce the same before the Supervising Authority or any officer empowered by it as and when required by such authority.
- Where a clinical establishment is required to give free treatment to the persons belonging to Below Poverty Line under the Act and the rules, such clinical establishment shall maintain a separate register in Form ‘E’.
Explanation. — For the purpose of facilitating free treatment the card holder of RSBY, BKKY, NAFS shall be treated as Below Poverty Line.
- A copy of discharge summary of medical treatment containing all relevant information like Patient name, age, sex, address, time and date of admission, diagnosis, treatment given, investigations done, cause of referral and further advice if any given, shall be supplied to the patient treated in the said clinical establishment, if demanded, at free of cost while referring such for further treatment in the Government Hospital or to any other clinical establishment.
- Display of certificates.— (1) The certificate holder of the clinical establishment shall display the Certificates of Registration and renewal thereof including fire safety certificate and the no objection certificate issued by the Odisha State Pollution Control Board, and any other statutory certificate at a conspicuous place for public information.
(2) In addition to requirement of displaying the certificates, as required under sub-rule (1), the certificate holder of the clinical establishment shall be liable to display the Government order or the order issued by any other authority duly authorized by the Government so as to show how many patients are BPL card holder in both OPD and IPD and they have been treated till a particular date.
- Manner of Inquiry by the Supervising Authority.— The Supervising Authority shall hold the inquiry as required under section 14-A in the following manner, namely:—
- a show cause notice shall be issued within fifteen days of inspection to the owner, proprietor or the management thereof or the concerned clinical establishment indicating the deficiencies or contraventions of the provisions of the Act or the rules for which imposition of fine is proposed;
- after receipt of the show cause notice, the owner, proprietor or management thereof, the clinical establishment shall comply with the deficiencies or contraventions of the provision of the Act and the rules within seven days or such further period as may be allowed by the Supervising Authority from the date of receipt of notice;
- on receipt of compliance from the owner, proprietor, management thereof, from the concerned clinical establishment, the Supervising Authority shall, after examining the same and giving an opportunity to such owner, proprietor, management thereof for hearing in person, impose fine having regard to sub-section (3) of Section 14-A.
- Undertaking for treatment to patients in emergency conditions.— (1) Every
certificate holder of the clinical establishment shall give an undertaking in Form ‘F’ at the time of applying for registration or renewal to the effect that it shall provide medical treatment to patients in emergency conditions and stabilize the condition of patient within the staff and facility available, before sending him to any another clinical establishment or the Government hospital.
(2) The clinical establishment shall also obtain an undertaking from the patient or his attendant in Form ‘G’ to the effect that he wants to be treated in the said clinical establishment.
- — (1) Any person aggrieved by any order passed by the Supervising Authority under sub-section (1) of section 9 or sub-section (5) of section 14-A, as the case may be, prefer an appeal in Form ‘H’ accompanied with fees of five hundred rupees in shape of Treasury Challan to the prescribed authority constituted under sub-rule (2) within a period of sixty days from the date of passing of the order and every such appeal preferred under this sub-rule shall contain all material statement and argument relied upon by the person preferring appeal.
(2) The prescribed authority shall consist of the following members, namely:—
a. Secretary to Government, Health and Family
Welfare Department or in his absence the Special
Secretary … Chairman
b. Director of Medical Education and Training,
Odisha … Member
c. Director of Health Services, Odisha … Member
(3) The prescribed authority shall dispose of the appeal within one month from the date of its filling by the appellant giving him an opportunity of personal hearing before disposing the appeal.
- The prescribed authority may require the service of such other subject experts as it may deem fit.
- Report in case of death of the certificate holder.— In case the holder of a Certificate of Registration is unable to function for any reason or where the certificate holder dies, the certificate holder or, as the case may be, the legal representative of such certificate holder, shall forthwith report the matter to the Supervising Authority in Form ‘I’.
Download: Odisha Clinical Establishment Rule 2018