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. The Act has taken effect in the four states namely, Arunachal Pradesh, Himachal Pradesh, Mizoram, Sikkim, and all Union Territories since 1st March, 2012 vide Gazette notification dated 28th February, 2012. The states of Uttar Pradesh, Rajasthan and Jharkhand have adopted the Act under clause (1) of article 252 of the Constitution.

The Government has notified the National Council for Clinical Establishments and the Clinical Establishments( Central Government) Rules, 2012  under this Act vide Gazette notifications dated 19th March, 2012 and 23rd May, 2012 respectively.

The Act is applicable to all kinds of clinical establishments from the public and private sectors, of all recognized systems of medicine including single doctor clinics. The only exception will be establishments run by the Armed forces.

Definition Of Clinical Establishment

“Clinical establishment” is defined as hospitals and clinics and similar facilities that offer treatment for illness in any recognised system of medicine (allopathy, yoga, naturopathy, ayurveda, homoeopathy, siddha and unani). It also includes any laboratory which offers pathological, chemical and other diagnostic services. An establishment can be owned by the government, a trust, and a single doctor establishment. The Bill does not apply to any clinical establishment owned or managed by the Armed Forces.

Salient Features

• The Act mandates the Centre to establish a National Council of Clinical Establishments to (a) determine the minimum standards of health care by a clinical establishment; (b) classify them into categories; and (c) maintain a national register of clinical establishments
• Every clinical establishment has to be registered to admit patients for providing treatment
• National Register to be compiled within two years from the date of commencement of the law
• The register to determine the first set of standards for clinical establishments
• Every state government shall establish a State/Union Territory Council for clinical establishments
• The state government shall set up a district registering authority for registering clinical establishments at district level
• The central government to notify standards for each type of clinical establishment