CONCEPT – CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) ACT, 2010

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CONCEPT – CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) ACT, 2010

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• Basic details: The Clinical Establishments (Registration and Regulation) Bill, 2010 was introduced in the Lok Sabha on April 15, 2010 by the Minister of Health and Family Welfare, Shri Ghulam Nabi Azad.  The Bill was passed by the Lok Sabha on May 3, 2010 and later by the Rajya Sabha.
• Applicability: The Bill shall be applicable to all union territories and four states (Arunachal Pradesh, Himachal Pradesh, Mizoram, and Sikkim).Other states may adopt the law by passing a resolution in the state legislatures.
• What are the objectives? The Clinical Establishments Act provides for registration and regulation of clinical establishments in the country with a view to prescribe basic minimum standards of facilities and services of particular type being provided by the clinical establishment.
• What is a Clinical Establishment? A clinical establishment means a hospital, maternity home, nursing home, dispensary, clinic, sanatorium, or any other institution that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognized system of medicine. It also includes laboratory and diagnostic centre or any other place where pathological, bacteriological, genetic, radiological, chemical, biological investigations or other services with aid of laboratory or other medical equipment are carried out. (Please refer to the Definition in the CEA 2010.)
• Who all is covered? All clinical establishments across all recognized systems of medicine (i.e. Allopathy, Ayurveda, Yoga, Naturopathy, Homoeopathy, Siddha, Unani and Sowa Rigpa) in both public and private sector are covered under this Act. This includes, all establishments owned, controlled or managed by the Government, a trust (public or private), a corporation registered under a Central, Provincial or State Act (whether or not owned by the Government), a local authority and a single doctor.
• Applicability across India: This Act came into force in the States of Arunachal Pradesh, Sikkim, Mizoram, Himachal Pradesh and all Union Territories (namely Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep and Puducherry) except Delhi from 01 March 2012. The States of Uttar Pradesh, Bihar, Rajasthan, Jharkhand and Uttarakhand have adopted the Act by passing resolution in their respective State assemblies. All clinical establishments in above mentioned States and Union Territories will need to register under this Act. Other states may adopt the law by passing a resolution in their state assemblies under clause (I) of Article 252 of the Constitution.
• Health a state subject? Since health is a state subject so the Act is not enforced on any state. A State has to adopt the Act by passing a resolution in the legislature assembly of state. The Bill was passed by Parliament after some states agreed to enforce the Act after notification.
• Establishment of NCCE: The central government shall establish a National Council of Clinical Establishments to 

1. determine the minimum standards of health care by a clinical establishment; 
2. classify them into categories; and 
3. maintain a national register of clinical establishments. The Council shall be chaired by the Director General of Health Services (DGHS) and 22 other members (includes consumer groups /Associations of Indian Systems of Medicine).

• State Governments: Every state government shall establish a State/Union Territory Council for clinical establishments.  It shall also set up a district registering authority for registering clinical establishments at district level.  The functions of the Council include compiling state registers and hearing appeals against orders of the authority for registration.

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