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Regulation

Medical Council of India

A clinic may be defined as a place of professional practice with facilities for outdoor consultation and treatment during scheduled hours by one or more physicians and staff and equipment essential for the services provided.

Presently, the operation of private clinics is being governed by the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002

2.3 Prognosis: The physician should neither exaggerate nor minimize the gravity of a patient’s condition. He should ensure himself that the patient, his relatives or his responsible friends have such knowledge of the patient’s condition as will serve the best interests of the patient and the family.

2.4 The Patient must not be neglected: A physician is free to choose whom he will serve. He should, however, respond to any request for his assistance in an emergency. Once having undertaken a case, the physician should not neglect the patient, nor should he withdraw from the case without giving adequate notice to the patient and his family. Provisionally or fully  registered medical practitioner shall not willfully commit an act of negligence that may deprive his patient or patients from necessary medical care.

3.7 Fees and other charges: 3.7.1 A physician shall clearly display his fees and other charges on the board of his chamber and/or the hospitals he is visiting. The prescription should also make clear if the Physician himself dispensed any medicine.

3.7.2 A physician shall write his name and designation in full along with registration particulars in his prescription letter head.

6.1 Advertising: 6.1.1 Soliciting of patients directly or indirectly, by a physician, by a group of physicians or by institutions or organisations is unethical. A physician shall not make use of him / her (or his / her name) as subject of any form or manner of advertising or publicity through any mode either alone or in conjunction with others which is of such a character as to invite attention to him or to his professional position, skill, qualification, achievements, attainments, specialities, appointments, associations, affiliations or honours and/or of such character as would ordinarily result in his self aggrandizement.

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The Clinical Establishments (Registration and Regulation) ACT, 2010 

The Clinical Establishments (Registration and Regulation) Act, 2010 has been enacted by the Central Government to provide for registration and regulation of all clinical establishments in the country with a view to prescribing the minimum standards of facilities and services provided by them.

Clinical Establishments (Central Government) Rules 2012 

Recommendations On Electronic Medical Records Standards In India

OPERATIONAL GUIDELINES FOR CLINICAL ESTABLISHMENTS ACT


Recognized system of medicine :
Allopathy
Homoeopathy
Ayurveda, Siddha and Unani
Naturopathy
Yoga
Any other system of medicine recognized by GOI

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National Council for Clinical Establishments

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CATEGORIES OF CLINICAL ESTABLISHMENTS

i) ‘Clinical establishment’ means 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 recognized system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not; or

ii) a place established as an independent entity or part of an establishment referred to in sub-clause (i), in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, chemical, biological investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on, established and administered or maintained by any person or body of persons, whether incorporated or not.

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Minimum Standards

 Health Check up Centre

Speciality / Super-Speciality Specific

Integrated Counselling Centre

Dietetics

Hospital (Level 1)

Hospital(Level 2)

Hospital(Level 3)

Mobile  Clinic Only Consultation

Mobile  Clinic With Procedure

Mobile Dental Van

Dental Lab

Physiotherapy Centre

Clinic/Polyclinic Only Consultation

Clinic/Polyclinic With Diagnostic Support

Clinic/Polyclinic With Dispensary

Clinic/Polyclinic With Observation


Sub Centers

Primary Health Centre

Community Health Centre

Sub-district & Sub-divisional Hospital

District Hospital

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Standard Treatment Guidelines

 1. Guidelines for Cardiovascular Diseases

2. Guidelines for Critical Care

3. Guidelines for Gastroenterological Diseases

4. Guidelines for Obstetrics and Gynaecology

5. Guidelines for Haemodialysis

6. Guidelines for Ophthalmology

7. Guidelines for ENT

8. Guidelines for Orthopaedics

9. Guidelines for Medicine (Respiratory)

10. Guidelines for Medicine Non-Respiratoryy Medical Conditions)

11. Guidelines for Paediatrics and Paediatrics Surgery

12. Guidelines for General Surgery

13. Guidelines for Interventional Radiology

14. Guidelines for Oncology

15. Guidelines for Organ Transplant – Liver

16. Guidelines for Urology

17. Guidelines for Laboratory Medicine

18. Guidelines for G. I. Surgery

19. Guidelines for Neurology

20.Guidelines for Management of Epilepsy in India

21. Guidelines for Endocrinology


STGs under National Health Programmes

1. Revised National Tuberculosis Control Programme (RNTCP)

Standards for TB Care in India

2. National Mental Health Programme

Management of Common Mental Disorders

3. National Programme for Prevention and Control of Deafness

Management of Common Ear Conditions

4. Oral Health Programme

Dental Caries and Periodontitis

5. National Leprosy Eradication Programme

(i) Training Manual for Medical officer

(ii) Disability Prevention & Medical Rehabilitation

6. National AIDS Control Programme

Prevention, Management and control of RTI & STI

7. National Vector Borne Disease Control Programme

(i) Case Management of Acute Encephalitis Syndrome / J. E.

(ii) Diagnosis and treatment of Malaria

(iii) Filariasis control in India and Its Elimination

(iv) Chikungunya Fever

(v) Road Map for Kala-Azar Elimination

(vi) National Guidelines for Clinical Management of Dengue Fever
8. National Blindness Programme

Pre-operative, Operative and Post-operative precautions for Eye Surgery

9. National Programme for Prevention  Management of Burn Injuries(NPPMBI)

Prevention and Management of Burn Injuries

10. National Programme for Prevention and Control of Cancer, Diabetes,

        Cardiovascular Disease and Stroke (NPCDCS)

A Manual for Medical Officer

11. National Rabies Control Programme

National Guidelines on Rabies Prophylaxis

12. Programme for Prevention and Control of Leptospirosis

National Guidelines Diagnosis, Case Management Prevention and Control

of Leptospirosis

STGs under AYUSH

1.   Guidelines for Ayurveda

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 West Bengal Clinical Establishment Regulatory Commission

 

THE WEST BENGAL CLINICAL ESTABLISHMENTS (REGISTRATION, REGULATION AND
TRANSPARENCY) ACT, 2017 [ 17th March 2017] [PDF]

Main Provisions ⇓

An Act to provide for the registration, regulation and transparency of clinical establishments of the State and for matters connected therewith or incidental there to

“Clinical establishment” means the whole or part of institution, facility with or without bed or beds, building or premises of any Hospital, Maternity Home, Nursing Home, Dispensary, Clinic, Polyclinic, Immunization or Vaccination Centre, Sanatorium, Physical Therapy Establishment, Clinical Laboratory, Fertility Regulation Clinic, Wellness Clinic or an establishment analogous to any of them by whatever name called, used or intended to be used for the health care related services established and administered or maintained by any person or body of persons, whether incorporated or not; and shall include—

(i) a clinical establishment for profit or not for profit, owned, controlled or managed by,—
(a) a trust, whether public or private;

(b) a Corporation (including a co-operative society), not owned by the Government, registered under a Central Act, or State Act;
and
(ii) a single doctor establishment or medical clinic.

Explanation.—“medical clinic” shall mean a place used or intended to be used for consultation and treatment by a registered medical practitioner but shall not include any place utilised by a registered Medical Practitioner solely for the purpose of consultation
and advice, which shall have to be displayed as ‘Medical Consultation Clinic’.

Sec 6 -No person shall keep or carry on a clinical establishment without being duly registered by the registering authority in respect thereof and except under and in accordance with the terms of a license granted thereof.

Explanation I.—For the purpose of this section “person” includes a body, group or association of individuals, and organization, a firm, a trust or society (whether registered or not) or a company registered under the law for the time being in force.
Explanation II.—For the purposes of this section, “carry on” means to provide the service recipient in a clinical establishment with any kind of services including consultation, treatment, diagnosis, or nursing care.
27. (1) Whoever carries on a clinical establishment without registration and license shall be liable to a penalty which may extend to one lakh rupees, along with a further penalty of one thousand rupees for each day of operation of the clinical establishment without license subject to maximum of ten lakh rupees.
(2) Whoever knowingly serves in a clinical establishment which is not duly registered  and licensed under this Act, shall be liable to a penalty which may extend to twenty-five thousand rupees.
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Law applicable for Medical Negligence [Click here]

Laws applicable to medical negligence — Vicarious Liability, Respondeat Superior, Indian Contract Law, Tort law, Consumer Protection Act, 1986, Indian Penal Code sections (52, 80, 88, 89, 92, 93, 274-276, 284, 304-A, 336, 337, 338 and 376-D)

Safe disposal of infectious/hazardous waste generated at the clinic (BMW Management Rules, Environment Protection Act 1986, IPC Section 269, 270)

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