A+| A| A-

Clinical Establishments Act, 2010

Regulation and the Medical Profession

The Clinical Establishments (Registration and Regulation) Act, 2010 which is in force in a few states is being sought to be placed before the state legislature in Maharashtra amidst vehement protest from the medical fraternity. This legislation, which the Indian Medical Association claims will lead to doctors being harassed, was born of a long patients' rights movement against abysmal infrastructure conditions and poorly qualifi ed staff in small clinics, hospitals, and diagnostic and pathology laboratories.

The Indian Medical Association (IMA) has been running a sustained campaign against the Clinical Establishments (Registration and Regulation) Act, 2010, for some time now. In June 2012, it called a one-day national strike to protest the Act. Under the Act, no hospital, nursing home, clinic, diagnostic centre or any other establishment offering diagnosis or treatment in any recognised system of medicine may function without registration. It applies to establishments of all types of ownership except those belonging to the armed forces. Registration, which must be renewed every five years, is received on meeting certain minimum standards for infrastructure, equipment and human power. These standards, which differ a­ccording to the category of establishment, are laid down by a national council with representation from medical councils, associations and government departments (GOI 2010a). All establishments are required to maintain computerised records, conduct audits of their work, and display their rates for various services. The permissible range of rates is determined by the government and depends on the category of establishment (GOI 2010b). Failure to comply with these standards can result in cancellation of registration and a fine of up to Rs 5 lakh (GOI 2010a).

The Act was passed by the Lok Sabha in August 2010, and is now law in Arunachal Pradesh, Himachal Pradesh, M­izoram, Sikkim and the union territories. It is being introduced for adoption in various state assemblies even as the IMA fights it tooth and nail. The most r­ecent controversy concerns the plans to place it before the state legislature in Maharashtra.

To read the full text Login

Get instant access

New 3 Month Subscription
to Digital Archives at

₹826for India

$50for overseas users

Comments

(-) Hide

EPW looks forward to your comments. Please note that comments are moderated as per our comments policy. They may take some time to appear. A comment, if suitable, may be selected for publication in the Letters pages of EPW.

Intellectually fearless, never one to shrink away from a debate, baiting others to challenge his analysis, C P Bhambri was a formidable presence...

The COVID-19 pandemic has landed firms across the globe in an unfamiliar terrain.

The goods and services tax (GST) was rolled out across the country on 1 July 2017.

Early in the lockdown, India had relative control over curbing the potential spread of COVID-19, and may have prevented as many as five times more...

The National Education Policy, 2020 unveiled finally seeks to usher in major structural reforms in higher education. Among many measures,...

The COVID-19 pandemic and the resultant lockdown led to the closure of all markets in Manipur, including the Tribal Market Complex in Imphal East...

Coherent national strategies, backed by regional cooperation efforts, offer a way forward for economic recovery in South Asia, which is rapidly...

Sections 357 and 357-A of the Code of Criminal Procedure, 1973 lay down the procedure for granting compensation to the victims of crime. Under the...

The COVID-19 pandemic has provocatively challenged the extant paradigm of development whose theoretical underpinning is derived from the...

The first report of the Fifteenth Finance Commission has allayed many fears that arose after the notification of the terms of reference of the...

Back to Top