LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Library
Regulation
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 physicianPhysician A person who is trained and licensed to practice medicine. Physicians help prevent, diagnose, treat, and manage injuries, diseases, and other conditions. There are many different types of physicians, including internists, pediatricians, psychiatrists, and surgeons. 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 careMedical Care Treatment that is accepted by medical experts as a proper treatment for a certain type of disease and that is widely used by health care professionals. Also called best practice, standard of care, and standard therapy..
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 medicineMedicine Refers to the practices and procedures used for the prevention, treatment, or relief of symptoms of diseases or abnormal conditions. This term may also refer to a legal drug used for the same purpose..
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.
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
YogaYoga An ancient Indian system (Codified by Patanjali ) of practices used to balance the mind and body through exercise, meditation (focusing thoughts), and control of breathing and emotions. Yoga (योगश् चित्तवृत्तिनिरोधः) is being studied as a way to relieve stress and treat sleep problems in cancer patients.
Any other system of medicine recognized by GOI
National Council for Clinical Establishments
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.
Minimum Standards
Speciality / Super-Speciality Specific
Mobile Clinic Only Consultation
Clinic/Polyclinic Only Consultation
Clinic/Polyclinic With Diagnostic Support
Clinic/Polyclinic With Dispensary
Clinic/Polyclinic With Observation
Sub-district & Sub-divisional Hospital
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
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
15. Guidelines for Organ Transplant – Liver
17. Guidelines for Laboratory Medicine
18. Guidelines for G. I. Surgery
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 CancerCancer Cancer is a term for a disease in which abnormal cells divide without control. Cancer cells can invade nearby tissues and can spread through the bloodstream and lymphatic system to other parts of the body. Dictionary of Cancer. Cancer Types: Primary Bone Cancer, Cancer in Children and Adolescents, Head and Neck Cancers, Inflammatory Breast Cancer, Paget Disease of the Breast. There exists a possible connection between acrylamide, artificial sweeteners, fluoridated water, and Oral Contraceptives. Vitamin D and antioxidants may protect cells from the damage caused by unstable molecules known as free radicals. , Diabetes,
Cardiovascular Disease and Stroke (NPCDCS)
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
STGs under AYUSH
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 CorporationCorporation A legally established entity that can enter into contracts, own assets and incur debt, as well as sue and be sued—all separately from its owner(s). The term covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies. (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.
Law applicable for Medical Negligence [Click here]
Laws applicable to medical negligence — Vicarious Liability, Respondeat Superior, Indian ContractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. Law, TortTort A civil wrong or breach of a duty to another person as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. 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)
©Advocatetanmoy Law Library