Karnataka Private Medical Establishments Act. 2007

Transcription

1 Karnataka Private Medical Establishments Act Dr. S. B. N.PRAKASH Former district and sessions judge, Now the professor of Law. National Law school of India University. Bangalore.

2 What the law stated in There are several Private Nursing Homes which are not provided with adequate staff, necessary equipment and physical facilities to render proper treatment and service to patients. They also charge amounts which are exorbitant, and not commensurate with the services rendered by them. In some cases, their premises are not maintained in clean and hygienic conditions. Some of the Medical and Para medical staff working in these Institutions are also not properly qualified or trained in the work entrusted to them. Thus the quality of medical service afforded in these Private Nursing Homes is much below the standard required. 2. It was considered necessary to have a legislation to exercise control over the Private Nursing Homes in order that maintenance of standards etc., are ensured.

3 Did there appeared to be any change. No. hence new law The law did not bring about any effective change. The things prevailed almost to the same extent. The objects and reasons for the new legislation envisages that there is a need to bring about a comprehensive legislation in place of the Act of The main aim of the present Act is to provide for : 1: The registration of Private Medical Establishment; 2: pre requisite for registration of Private Medical Establishment; 3. Constitution of Local Inspection Committee; 4. Laying down the standards for Private Medical Establishment s; 5. requirement to notify the schedule of charges payable for different medical treatment and other services in the form of brochures or book lets. 6. prescribing statutory obligations to be performed by Private Medical Establishment; 7. Maintenance of clinical records; 8. To make available to the persons or his family member a copy of the gist of observations, treatment, investigation, advice and diagnostic opinion pertaining to the person.; 9. suspension or cancellation of registration, 10. penalties for violation of the provisions of the Act and cancellation of the Registration. And other relevant matters.

4 THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007 An Act to provide for the Promotion and Monitoring of Private Medical Establishments in the State of Karnataka. An Act to provide for matters connected therewith or incidental to Private Medical Establishments in the State of Karnataka.

5 Constitutional aspect. Health is a fundamental right in view of ex panded meaning given to life as contemplated vide article 21, as interpreted by the supreme court of India. Health falls in Entry 6 of list 2 of schedule VII of the constitution. The said entry is with reference to Public health and sanitation; hospitals and dispensaries State in contrast to Union is the concerned authority to make law. Union has no authority to make law. In case if union to make law resolution to be passed. State law will have application with in the territory of the concerned state and not beyond the territory of the state.

6 What is a private medical establishment means a hospital or dispensary with beds or without beds., Nursing Home. Clinical Laboratory, Diagnostic Centre. Maternity Home. Blood Bank, Radiological Centre, Scanning Centre, Physiotherapy Centre. Clinic. Polyclinic, Consultation Centre and such other establishments by whatever name called where Investigation, diagnosis and preventive or curative. or rehabilitative medical treatment facilities are provided to the public and includes Voluntary or Private Establishments

7 but does not include Medical Establishments run or maintained or sponsored by - (i) the State Government or a Local Authority or other Statutory body; (ii) the Public Sector undertakings owned or controlled by the State or Central Government; (iii) autonomous institutions owned or controlled by the State or Central Government; (iv) a Co-operative Society registered under the Karnataka Co-:operative Societies Act in which more than fifty percent of shares are held by the State or Central Government or both: (v) a Society registered under the Karnataka Societies Registration Act, 1960 and which is owned or controlled by the State or Central Government; (vi) a trust owned or managed by the State or C l G L l A h i

8 Medical treatment" Means: systematic diagnosis and treatment 1.For prevention of any disease OR 2.cure of any disease, OR 3.to improve the condition of health of any person through allopathic or any other recognised systems of medicine : such as Ayurveda. Unani, Homeopathy, Yoga, Naturopathy and Siddha; and includes Acupuncture and Acupressure treatments

9 Registration of Private Medical Establishments: No Private Medical Establishment shall be 1. Established in the State, or 2. run in the State or 3. maintained in the State ; except under and in accordance with the terms and conditions of registration granted under this Act On and after the appointed day, : Provided that a Private Medical Establishment : in existence immediately prior to the appointed day shall apply for such registration within ninety days from the appointed day Pending orders thereon may continue to run or maintain till the disposal of the application

10 With Whom Registration to be obtained. Registration Authority Who is the registering authority: Registration Authority in each district consists of the following members, namely: (a) The Deputy Commissioner of the District. Chairman (b) District Health and Family Welfare Officer Member (e) President/Secretary, Indian Medical Member f h d

11 Whether any application shall be made Yes. Is there any prescribed form :Yes it is in: Form A as per : Rule 6 (1) for EXISTING MEDICAL ESTABLISHMENT. Form B as per: Rule 7 (1) for NEW MEDICAL ESTABLISHMENT. Form C : Application For Renewal OF Registration Of MEDICAL ESTABLISHMENT

12 :Under which Rule the fee shall be paid: The fee shall be paid as per Rule 4 of k p m e rules :How much is the fee: The different rates of fees are prescribed under the Rule in respect of Allopathic, Indian Medicine and Diagnostic centres and Therapy establishments. In Respect of Allopathic Private Medical Establishment Medical clinics Rs. 1,000 Consultation centres (Uni specialty) Rs. 1,500 Poly clinic/day care centre (Multi specialty) Rs. 5,000 Nursing homes depending upon the strength of beds.

13 :Nursing homes with bed strength of : (i) 11 to 30 beds Rs. 10,000 (ii) 30 to 50 beds Rs. 15,000 (iii) 51 to 100 beds Rs. 25,000 (iv) 101 to 500 beds Rs. 50,000 (v) 501 to 1000 beds Rs. 1,00,000 (vi) Above 1000 beds Rs. 2,00,000 Provided that (i) hospitals run by charitable trusts which are not charging any fee from the patients shall be charged registration fee at ten percent of the fees specified above. (ii) other hospitals working on no profit basis shall be charged at fifty percent of the above fees. :Note:

14 In Respect of practicing Indian system of medicine: :The fee for registration: (i) Clinic and dispensary only Rs. 500/ (ii) Clinical centre, Maternity Home, Nursing Home and Hospitals with: (i) Up to 15 beds Rs. 1,000/ (ii) 15 to 20 beds Rs. 1,500/ (iii) 20 beds and above Rs. 2,000/ -:Note: - The fee chargeable for renewal of registration shall be one-half of the registration fee specified above

15 In the case of Diagnostic centres and Therapy establishments (i) For Diagnostic centres with advanced facilities like CT, MRI, Angio etc., Rs. 10,000/ (ii) For such centre with basic facilities only Rs. 1,000/ (iii) For Therapy Establishments with basic Laboratory facilities Rs. 1,000/ (iv) For Therapy Establishments with imaging and/or other advanced Laboratory facilities Rs. 5,000

16 * *** ****** ********* :Are there any conditions for obtaining registration: Yes ; as per Rule 5 of K. P. M. E.Rules 2009 :What are those conditions:???????????????????????????

17 :What are those conditions: Premises shall be located in clean surroundings in a hygienic area. Adequate lighting and ventilation shall be ensured within the building and in the premises Adequate number of Toilet Rooms shall be provided, separately for male and female patients. Record Room adequate enough for Maintenance of Medical records as per code of Medical Ethics shall be provided. Standard Bio Medical Waste Disposal System shall be provided appropriate to the volume and nature of Waste generated. Accessibility to attending Doctors by Telephone, fax and e mail through the Establishment shall be ensured to each patient/their attendants. CME compliance mechanism as per the Karnataka Medical Council Act as amended from time to time shall be kept up. Qualified and experienced staff appropriate to each field such as medical, diagnostic, therapeutic, observational and other care peculiar to each specialty and in appropriate numbers shall be appointed proportional to the number of patients ordinarily treated in a day. Display conspicuously and in a prominent place a places.

18 (a) The name of the Establishment with names of the owners/managers (b) Registration certificate issued by the respective State Medical Council (c) Form of License issued from Karnataka Private Medical Establishments Board. (d) System of Medicine practiced and services available (e) Working hours/timings of each Unit of the Establishment (f)charges/consultation/diagnosis/treatment/reports/ services/ other procedures and room rent/bed charges etc. in the form of Chart exhibited at a convenient place or places for. (g) Printed brochures of the rates and tariff shall be supplied to the patients or their attendants on

19 Generate, maintain and document Medical Records of each patient as per rules in force and supply to the patient or his parent/guardian/ Legal Representatives/attendants on request. Give proper Discharge Summary to each patient along with the Bill of charges. Ensure that every Doctor employed by it would provide First Aid, would attend Medico Legal Cases promptly and otherwise follow the Code of Medical Ethics, rigidly. Inform the Doctors/consultants on roll and see to it that professional responsibility rests with the Doctor/consultant in charge of the patient, and Comply with such other directives issued by the Government or the District Registering Authority.

20 Minimum standards of accommodation, equipment and facilities: Every medical establishments shall conform to the minimum standards of accommodation, equipment and facilities as set out in, (a) Schedule A for establishments administering Allopathic System; (b) Schedule B for establishments administering the Indian System of Medicine; (c) Schedule C for establishments administering Homeopathic System of Medicine: and (d) Schedule D for Diagnostic Centres and Therapy Establishments

21 Staff requirements: Minimum staff requirements in each category of medical establishments shall be as set out in Schedule E. Notwithstanding anything said in Schedule E. it shall be obligatory for private medical establishments in each category to employ Medical, Diagnostic, Therapeutic, Technical and Office Staff that are specific to its needs, namely, (a) Duty Doctors, Nurses, Nursing Aids and Ayahs in right proportion to the number of patients. (b) Dieticians, Physiotherapists, Radiologists and Pathologists (c) Receptionists and other Patient Service staff. (d) Supporting staff like Electrician Plumber

22 Appeal and appellate authority. A Private Medical Establishments whose application for registration is rejected under section 7 or whose registration has been suspended or cancelled under section 15 or is otherwise aggrieved by any original order made under this Act except an order made under section 24 may prefer an appeal to the Appellate Authority.

23 (1) in such manner and on payment of such fees as may be prescribed.. (2) Every such appeal shall be preferred within thirty days from the date of receipt of the order appealed against: (3) The Appellate Authority may. after holding an enquiry pass such order as it deems fit as far as possible within a period of sixty days from the date of filling of the appeal

24 When an appeal shall be preferred Appeal shall be preferred under section 17 of the Act Every appeal shall be preferred within thirty days from the date of receipt of the order appealed against: The appellant shall pay fees along with the appeal memo. The Appellate Authority may after holding an enquiry pass such order as it deems fit as far as

25 Who is the appellate authority The Appellate Authority consists of : (a) the Commissioner for Health and Family Welfare, Karnataka Chairman (b) the Director of Health Services, Karnataka Member (c) the Director, Indian System of Medicine and Homeopathy Member Note: The Director of Health Services. Karnataka shall be a member in respect of appeals preferred by a Private Medical Establishment treating patients through allopathic system of medicine and the Director Indian System of Medicine and

26 Penalties Section 19 of Karnataka private medical establishment act Where any person establishes, runs or maintains Private Medical Establishment without registration granted under section 7 he shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend up to ten thousand rupees. When a person is convicted under sub section (1), the Registration Authority shall direct immediate closure of the un registered Private Medical Establishment, except where a registration is cancelled or suspended and an appeal filled against such cancellation or suspension is pending. Every order made under sub section (1) shall contain a direction that the inpatients of such unregistered Private Medical Establishment shall be transferred to such other Private Medical Establishment as may be specified in that order and it shall also contain such other provisions as to the care and custody of such inpatients pending

27 Penalties Where any person runs or maintains a Private Medical Establishment in contravention of the conditions of registration or contravenes the provision of section 12 or 13, or fails to comply with the direction issued under sub section (2) He shall, on conviction, be punished with imprisonment for term which may extend to six months and with a fine which may extend to two thousand rupees and in the case of a second or subsequent offence with imprisonment for a term which may extend to one year and with a fine which may extend to five thousand rupees. Where a person contravenes any other provision of this At th l d th d h hll

28 Offences. May be by individuals May be by companies.

29 Miscellaneous provisions. Where a government doctor is working with a private medical establishment the PME and the people connected there with shall furnish the details to the competent authority. The power to conduct search and seize the records. Sealing of the premises. Protection regarding the acts done in good faith. Power to make rules. Authority of government to give directions regarding the implementation of provisions of the Act.

30 Thank you.