Punjab Govt. rolls out the Punjab Clinical Establishments (Registration and Regulation) Act, 2020; expected to come into force on a date as appointed by the State Government

The Government of Punjab (“Government”), has, in a Gazette Notification dated 28th August, 2020 published the Punjab Clinical Establishments (Registration and Regulation) Bill, 2020 (Bill). This Bill aims to provide general information with regard to the registration and regulation of clinical establishments in the State of Punjab.

“clinical establishment” means,

(i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution, by whatever name called, that offers services and facilities providing 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 a clinical 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, and shall include a clinical establishment owned, controlled or managed by,

(a) the Government or a department of the Government;

(…………..

but does not include the clinical establishments owned, controlled or managed by the Armed Forces.

Background:

There was no comprehensive Act enacted in the State of Punjab to Register & Regulate the Clinical Establishments and to prescribe minimum standards of facilities and services to be provided by the clinical establishments. Hence, Government of Punjab Promulgated an Ordinance namely the Punjab Clinical Establishments (Registration & Regulation) Ordinance 2020. The Punjab Clinical Establishments (Registration & Regulation) Ordinance 2020 aims to bring the clinical establishments under a regulatory mechanism so as to ensure that there is more transparency in their functioning, check patients disadvantage, to categorise and classify the clinical establishments, lay down various norms and standards of the facilities and services, staff norms, record maintenance, reporting etc & supporting the state during times of natural disasters, calamities & wide spread pandemics & epidemics. So there is need to present the Punjab Clinical Establishments (Registration and Regulation) Bill, 2020 in the Punjab Vidhan Sabha Session to replace the Ordinance. Hence, the Punjab Clinical Establishments (Registration and Regulation) Bill, 2020.

Key Highlights:

Objectives:

• To bring the clinical establishments under a regulatory mechanism so as to ensure transparency in functioning
• To check disadvantage of patients
• To categorise and classify clinical establishments
• To lay down norms and standards for facilities and services
• To record maintenance, reporting and supporting the state during times of natural disasters and pandemics

Obligations emanating from the Bill:
• No person shall carry on a clinical establishment without being registered by the concerned registration
• It is the duty of all District Registration Authority to maintain a register of Clinical Establishments
• It is the duty of the Clinical Establishments to display of certificate of registration
Penalties for breach of provisions:
• Any entity contravening any provision of the Bill, provided it does not pose any imminent danger to the health and safety of any patient, shall be penalised for minor deficiencies. Such penalty may extend up to ten thousand rupees for first contravention and up to one lakh rupees for any subsequent contravention.
• Any entity contravening any provision of the Bill, such entity shall be penalised with monetary penalty.
• Any entity, who carries on a clinical establishment without registration shall be penalised with monetary penalty, which may extend to five lakh rupees and may also invite disciplinary action.

 

Source: Government of Punjab

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