Lok Sabha Question No. 148 (UNSTARRED), answered on 2018-02-02
Subject: Implementation of Clinical Establishment Act
Ministry: HEALTH AND FAMILY WELFARE
Asked by: OM BIRLA

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA UNSTARRED QUESTION NO. 148 TO BE ANSWERED ON 2 ND FEBRUARY, 2018

## IMPLEMENTATION OF CL INICAL ESTABLISHMENT ACT

## 148. SHRI OM BIRLA:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a)  whether  the  Government  has received  complaints  regarding  overcharing and  fraudulent practices being followed in hospitals in various States of the country during the last three years and if so, the details thereof, State - wise;
- (b)  the  current  status  of  the  adoption and  implementation  of  the  Clinical Establishment (Registration and Regulation) Act, 2010 by the various States in the country;
- (c) whether the Government has directed all the State Governments which had not implemented the Clinical Establishment (Registration and Regulation) Act, 2010 to fast - tr ck the implementation of the same, if so, the detailes thereof;
- (d)  whether  the  Government  has  also established  a  supervisory mechanism  tooverview  the implementation status of the Clinical Establishment (Registration and Regulation) Act, 2010; and
- (e)  if  so,  the  details  thereof  along  with the  steps  taken  by  the  Government  to  put in  place grievance redressal mechanism for patien ts facing such problems?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE ( SMT. ANUPRIYA PATEL )

- (a): Health is a State subject. It is the responsibility of the respective State Gover s to take  cognizance  of  such  instances  and  take  action  to  prevent  and  control  such  prac Therefore,  such  complaints,  as  and  when  these  are  received,  are  forwarded  to  the  conc States. Details of such complaints are, however, not maintained centrall y.
- (b) : The   Clinical Establishments (Registration and Regulation) Act, 2010 is applicable States  who  have  adopted  the  said  Act  viz.    Sikkim,  Mizoram,  Arunachal  Pradesh,  Himach Pradesh,  Uttar  Pradesh,  Bihar,  Jharkhand,  Rajasthan,  Uttarakhand  and Assam    and  all  Union Territories except Delhi.  All other States and Union Territory of Delhi have not adopted as yet. Health is a State subject. The Act has to be adopted by other States under Artic the Constitution of India. The provisio ns of the Act shall become applicable in the States only after adoption.

(c) : Health  is  a  State  subject.  The  enforcement  and  implementation  of  the  Clini Establishments  Act,  2010  is  with  the  States/Union  Territories.    However,  they  are continuo usly persuaded to ensure its strict implementation from time to time.

(d) : Health  being  a  State  Subject,  establishing  a  supervisory  mechanism  to  overview implementation status of the Clinical Establishment (Registration and Regulation) Act, 2 th eir  State/Union  Territory  is  the  responsibility  of  the  State/UT  Governments.  As  pe provisions of the Clinical Establishments Act, the State Government authorities namely D registering Authority at District level and State Council for Clinical E stablishments at the State level are responsible for implementation and monitoring of the Act.

(e): The Clinical Establishments (Registration and Regulation) Act, 2010 provides suffi scope for the States and Union Territories for effectively redressi ng public grievances and curb unethical  medical  practices.  Further,  the  Medical  Council  of  India  (MCI)  and  State  Me Councils are empowered to take action against a doctor for violation of the provisions Indian  Medical  Council  (Professional  Cond uct,  Etiquette  and  Ethics)  Regulation,  2002.  The complaints  related  to  overcharging,  deficiency  in  medical  care,  etc.  can  also  be  f District/State/National  Consumer  Disputes  Redressal  Forums  under  the  Consumer  Protecti Act. Further, depending upon the nature of carelessness and criminal act, the relevant section Indian Penal Code/Criminal Procedure Code are also applicable.