IMA, BHSA oppose Act regulating hospitals

Patna: Bihar Health Services Association (BHSA) and state chapter of IMA have strongly opposed the Clinical Establishment (Regulation and Registration) Act.
The state government on Sunday cleared the decks for its implementation.
It prescribes minimum operating standards for any hospital and each health facility will have to get a registration clearance from the district authority.
The two doctors’ bodies, in a joint press release on Monday, claimed the state government adopted the central Act without the right to modify the rules as per its requirement.
However, sources quoted section 12 (1) of the Act that states, “Clinical establishments shall fulfil following condition namely minimum standard of facilities as may be prescribed. Section 1 defines ‘prescribed’ as “prescribed by rules made under this Act by the central government or, as the case may be, the state government”.
The release said the Act makes it mandatory to give emergency treatment to the patients whosoever comes to the hospital “even if it does not have infrastructure to do so”.
However, its Section 12(2) says otherwise, “The clinical establishment shall undertake to provide within the staff and facilities available such medical condition and treatment to stabilize the emergency medical condition.”
The communiqué said even a minor error could lead to Rs5 lakh fine. However, section 41(1) of the Act states, “Whoever carries on a clinical establishment without registration shall, on first contravention, be liable to a monetary penalty up to Rs50,000, for second contravention with a monetary penalty which may extend to Rs2 lakh and for any subsequent contravention with a penalty which may extend to Rs5 lakh.”
The two bodies claimed it would make health services dependent on the bureaucracy. However, Section 10 of the Act states that district registration authority will comprise the respective district collector and four doctors. Even the state council will have health secretary with other members being the doctors.
They also said the hospitals may require 21 types of clearances and 20 reports have to be sent every month. However, there is no such mention in the Act. Doctors also claimed the Act’s provisions are draconian and it would lead to shutdown of smaller clinics.