comments & suggestive amendments on clinical establishment (CE ) bill

UNDER clause 1 of ARTICLE 252 : any state can adopt this act.

Under section 3 – national council will form.

Under section 11 – registration of all CEs will be done

Under section 12 – standards prescribed for CEs by central govt.

Under section 10 –DRA will form

Under section 30 – reg.certificate be issued.

Clinical establishment(CE) means : except those managed/ controlled by armed forces, all treatment centers managed by govt, private, trust, corporate, society, etc…

“Register” means the register maintained by the district authority, state govt. ,central govt. under sections 37, 38 ,39 respectively of this act.

· The most important core rules can be only laid by the central govt.

· The state govt. can modify only the functional modalities after due consent of legislature

With the passage of the Clinical Establishments Bill, 2010 in the Lok Sabha on 3/5/2010 , it has become mandatory that all the clinical establishments in the country, big , small or single man clinics, should be duly registered as per the provisions of the Bill and prescribes enhanced penalty for the defaulters.

The legislation also makes it mandatory that any doctor in a registered clinic, hospital or other clinical establishment must provide treatment to anyone who is brought in an emergency medical condition. The patients cannot be sent back on excuses.

Already there are more than 48 regulations to control the health care centers. These existing regulations are not mentioned in the new bill. So in effect this will be additional one.

suggested amendments to CE act :

1. Proportional membership from IMA in national council:

2. SEPARATE CATEGORIZATION and relaxation of “hospital standards”FOR SMALL HOSPITALS .

3. procedure of compensation or reimbursement to hospitals for taking up the emergency cases .

4. relaxation or rebates of few taxes - commercial tax,sales tax and income tax and change in category (from commercial to domestic category tariff mechanism on electricity,building assessment,water,etc.).- to all rural based and small hospitals below 20 beds.

5. allowing the dispensaries to sell medicines without pharmacist license.