KARNATAKA ACT NO 21 OF 2007
(First Published in the Karnataka Gazette Extra-ordinary on the sixteenth day of August, 2007)
THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007
(Received the assent of the Governor on the thirteenth day of August, 2007)
(As amended by Karnataka Act 33 of 2010, 37 of 2012 and 01 of 2018)
An Act to provide for the Promotion and Monitoring of Private Medical Establishments in the State of Karnataka and matters connected therewith or incidental thereto.
Whereas it is expedient in the public interest to promote quality health care and monitor by law the running of Private Medical Establishments in the State by stipulating minimum standards for quality of service in keeping with the principles of medical ethics; Be it enacted by the Karnataka State Legislature in the Fifty Eighth year of the Republic of India, as follows:-
1. Short title and commencement.-
(1) This Act may be called
the Karnataka Private Medical Establishments Act, 2007.
(2) It shall come into force on such date as the State Government
may, by notification, appoint and different dates may be appointed
for different provisions of the Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) ‘Appellate Authority’ means the Appellate Authority referred
to in section 16;
(b) ‘Appointed day’ means the date appointed under sub-section
(2) of section 1;
(c) ‘Clinical Laboratory’ means an establishment where,-
(i) biological (pathological), bacteriological, radiological,
microscopic, chemical or other tests, examinations or
analysis; or
(ii) the preparation of cultures, vaccines, serums or other
biological or bacteriological products in connection with
the diagnosis or treatment of diseases, are or is usually
carried out;
(d) “Clinical record” means any paper, film print out, slide,
solution or medium which can be deciphered or used to indicate and
diagnose condition of the human body or a part of it or any material
taken out of it and the course of treatment administered to, or
undergone by, the person;
(e) "Department" means the Department of Health and Family
Welfare or the Department of Indian Systems of Medicine and
Homeopathy, Government of Karnataka, as the case may be;
(f) “Family member” means husband or wife or any son,
daughter or any other legal heir or legal guardian irrespective of
their age;
2[(f-1) “Grievance” means any complaint in respect of noncompliance to the Patient’s Charter or Private Medical
Establishment's Charter;]2
(g) “Hygienic” means a condition congenial for good health;
3[(h)"Inspection Committee" means the Inspection Committee
constituted under section 7;]3
(i) “Manager” in relation to a Private Medical Establishment
means the person, by whatever name or designation called, who is in
charge of, or is entrusted with, the management or running of the
Private Medical Establishment;
(j) “Maternity Home” means an Establishment where women are
usually received or accommodated or both, for the purpose of
confinement and antenatal or post-natal care in connection with
child-birth and includes an establishment where women are received
or accommodated for the purpose of sterilization or medical
termination of pregnancy;
(k) ‘Medical Practitioner’ means a medical practitioner registered
under the Homeopathic Practitioners Act, 1961 (Karnataka Act 35 of
1961), Ayurvedic, Naturopathy, Sidda, Unani or Yoga Practitioners
Registration and Medical Practitioners Miscellaneous Provisions Act,
1961 (Karnataka Act 9 of 1962), Medical Registration Act, 1961
(Karnataka Act 34 of 1961), Indian Medicine Central Council Act,
1970 (Central Act 48 of 1970), Homeopathy Central Council Act,
1978 (Central Act 59 of 1973) and Medical Council Act, 1956
(Central Act 102 of 1956) to practice the system of medicine which
he has studied, qualified and registered and includes a Dentist
registered under the Dentists Act, 1948 (Central Act 16 of 1948);
(l) “Medical treatment” means systematic diagnosis and
treatment for prevention or cure of any disease, or to improve the
condition of health of any person through allopathic or any other
recognised systems of medicine such as Ayurveda, Unani,
Homeopathy, Yoga, 1[Integrated medicine,]1 Naturopathy and Siddha;
and includes Acupuncture and Acupressure treatments 2[and any
other manner of treatment as may be prescribed;]2
(m) “Nursing Home” means an establishment where persons
suffering from illness, injury or infirmity (whether of body or mind)
are usually received or accommodated or both for the purpose of
treatment of diseases or infirmity or for improvement of health or for
the purposes of relaxation or for any other purpose whatsoever,
whether or not analogous to the purposes mentioned in clause (l) of
this section;
2[(m1) Patient’s Charter and Private Medical Establishment's
Charter" means the rights and responsibilities of the patient and the
Private Medical Establishments specified in the schedule;
(m2) “prescribed” means prescribed by rules made by the State
Government under this Act;]2
(n) “Private Medical Establishment” means a hospital or
dispensary with beds or without beds, a Nursing Home, Clinical
Laboratory, Diagnostic Centre, Maternity Home, Blood Bank,
Radiological Centre, Scanning Centre, Physiotherapy Centre, Clinic,
Polyclinic, 2[Dental Clinic or Dental Polyclinic]2 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 2[as may be notified by the
State Government by notification]2 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, 1959 in which more than fifty
per cent 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 Central
Government or any Local Authority.
(o) “Physiotherapy establishment” includes an establishment
where massaging, hydro-therapy, remedial gymnastics or similar
work is usually carried on, for the purpose of treatment of diseases
or infirmity or for improvement of health or for the purposes of
relaxation or for any other purpose whatsoever, whether or not
analogous to the purposes mentioned in clause (l) of this section;
(p) “Public Authority” means an Authority established by or
under any law.
(q) “Registration” means registration granted under section 7;
(r) 3[Registration and Grievance Redressal Authority]3 means the
3[Registration and Grievance Redressal Authority]3 referred to in
section 4.
2[(s)"schedule" means schedule appended to this Act.]2
1. Inserted by Act 33 of 2010 w.e.f. 27.07.2010.
2. Inserted by Act 01 of 2018 w.e.f
3. Substituted by Act 01 of 2018 w.e.f
3. Registration of Private Medical Establishments.- On and
after the appointed day, no Private Medical Establishment shall be
established, run or maintained in the State except under and in
accordance with the terms and conditions of registration granted
under this Act:
Provided that a Private Medical Establishment in existence
immediately prior to the appointed day shall apply for such
registration 2[1[within six months from the date of commencement
of the Karnataka Private Medical Establishments (Amendment) Act,
2012]1]2 and pending orders thereon may continue to run or
maintain till the disposal of the application. 3[and shall comply with
the provisions of this Act]3
1. Substituted by Act 33 of 2010 w.e.f. 27.07.2010.
2. Substituted by Act 37 of 2012 w.e.f. 03.09.2012.
3. Inserted by Act 01 of 2018 w.e.f
1[4. Registration and Grievance Redressal Authority.- There shall be a Registration and Grievance Redressal
Authority in each district consisting of the following members
nominated in such manner with such qualification as may be
prescribed, namely:-
(a) The Deputy Commissioner of the District - Chairman
(b) District Health and Family Welfare Officer - Member
Secretary
(c) District AYUSH Officer - Member
(d) One member each from Indian Medical
Association and one more association - Members
(e) One woman representative when the Authority
is dealing with a grievance redressal - Member
5. Application for Registration.- (1) Every person desiring to
establish, run, maintain or continue to run and maintain a Private
Medical Establishment shall make an application to the concerned
1[Registration and Grievance Redressal Authority]1 in such form, in
such manner and along with such fees as may be prescribed and
different amount of fees may be prescribed, for different class or
classes of Private Medical Establishments.
6. Pre-requisites for Registration of Private Medical
Establishments.- The 1[Registration and Grievance Redressal
Authority]1 shall before granting the registration consider whether
the following prerequisites for registration of a Private Medical
Establishment are satisfied, namely:-
(i) that the premises housing the Private Medical
Establishment is located in hygienic surroundings and
otherwise suitable for the purpose for which it is
established or sought to be established;
(ii) that the Private Medical Establishment is adequately
staffed with qualified doctors, qualified and trained para
medical personnel;
(iii)that the Private Medical Establishment has the necessary
buildings with adequate space for performing its various
functions, equipments and other infrastructure facilities;
(iv) that the Private Medical Establishment conforms to the
standards referred to in section 9;
(v) such other factors as may be prescribed.
2[Provided that no new Private Clinical Laboratory shall be
permitted within a radius of 200 meters from the Government
Hospital or from the Hospital promoted or managed by a society or
trust or autonomous organization owned or controlled by the State
Government or Central Government or Local Bodies with effect from
the date of commencement of the Karnataka Private Medical
Establishments (Amendment) Act, 2017.]2
1. Substituted by Act 01 of 2018 w.e.f..
2. Inserted by Act 01 of 2018 w.e.f.
7. Disposal of applications.- 1[(1) On receipt of an application
under section 5 the Registration and Grievance Redressal Authority
may having regard to the provisions of section 6 and after such
enquiry as may be necessary, by an Inspection Committee, either
grant registration subject to the conditions as may be prescribed or
reject the application within ninety days from the date of receipt of
the complete application in all respects:
Provided further that in case of any delay beyond ninety days
the registration shall be deemed to have been granted.]1
(2) Every order passed under sub-section (1) shall be
communicated to the applicant forthwith.
(3) Every registration granted under sub-section (1) shall
be valid for a period of five years and may be renewed once in five
years on an application made in such form, in such manner and on
payment of such fees, as may be prescribed.
2[(4) For purpose of sub-section (1), the Registration and
Grievance Redressal Authority may constitute the Inspection
Committee consisting of such members as may be prescribed.
(5) On receipt of application for renewal of registration, the
Registration and Grievance Redressal Authority may having regard
to the provisions of section 6 and after such enquiry as may be
necessary by the Inspection Committee constituted under subsection
(4) either grant renewal subject to the condition as may be
prescribed or reject the application within ninety days from the date
of receipt of the complete application in all respect; in case of any
delay beyond ninety days the renewal shall be deemed to have been
granted.
(6) The Registration and Grievance Redressal Authority shall
not reject the application for registration or renewal without giving
an opportunity of being heard to the applicant and without recording
the reasons for such rejection.
(7)The Registration and Grievance Redressal Authority, on its
own or based on any written complaint, may cause inspection or
direct the Inspection Committee constituted under sub-section (4) to
inspect, at a reasonable time, any private medical establishment, to
(8) In case the Registration and Grievance Redressal Authority
finds that the private medical establishment is not being run in
accordance with the conditions of registration, the Authority shall
direct the establishment to remedy the same within the reasonable
time as may be specified in the order.]2
1. Substituted by Act 01 of 2018 w.e.f..
2. Inserted by Act 01 of 2018 w.e.f..
1[8. Functions of the Registration and Grievance
Redressal Authority.- (1) The Registration and Grievance Redressal
Authority on receiving a complaint regarding non-compliance to the
Patient’s Charter or Private Medical Establishment's Charter shall
enquire into the complaint:
Provided that the complaints pertaining to negligence, nonadherence to standard protocols for treatments, procedures and
prescription audit shall be referred to the Karnataka Medical
Council for enquiry and report within sixty days to the Authority.
(2) The Registration and Grievance Redressal Authority shall,
while investigating or enquiring any matter under this section, have
the powers of a civil court trying a suit under the Code of Civil
procedure 1908, and in particular in respect of the following
matters, namely:-
(i) summoning and enforcing the attendance of any person
and examining him on oath;
(ii) discovery and production of any documents and
witness;
(iii) receiving any evidence on affidavits;
(iv) requisitioning for any public record or copy thereof
from any court or office; and
(v) any other matter which may be prescribed.
(3) The Registration and Grievance Redressal Authority shall,
to remedy the Grievance, hear the aggrieved person and the other
party and shall dispose of the complaint by a summary trial within
ninety days from the date of complaint.]1
1. Substituted by Act 01 of 2018 w.e.f.
9. Standards.-
(1) Every Private Medical Establishment shall
conform to the standards 1[of staffing pattern and infrastructure,
etc.,]1 laid down in this Act or the rules made there under or any
other law for the time being in force concerning the staff and their
qualifications, operation theatre, buildings, space requirements,
equipment, facilities to be provided to the patients and their
attendants, maintenance and other matters.
(2) Different standards may be set for different class or classes of
Private Medical Establishments, in respect of different areas, as
determined by the State Government. Expert Committees may be
constituted by the State Government for suggesting the standards
1[Provided that the number of representatives of private
medical establishments shall not exceed one-thirds of the total
members.]1
1. Inserted by Act 01 of 2018 w.e.f
1[9A. Functions of the Experts Committees and other
Committees.-
(1) The Expert Committee constituted under section 9
shall also discharge the following functions, namely:-
(a) study and recommend classification of the Private
Medical Establishments on objective basis for the
purpose of clause (b);
(b) recommend minimum standards of infrastructure,
staffing pattern and staff qualification;
(c) recommend standard protocols for treatments and
procedures, and prescription audit;
(d) make recommendations for fixation of uniform package
rates for each procedure and treatment covered under
any of the health care assurance scheme of the
Government for private medical establishments; and
(e) any other functions as may be prescribed by the State
Government.
(2) The State Government, on the recommendation of the
Expert Committee, and after previous publication, calling for
objections from the persons likely to be affected and considering the
same shall fix and notify the following, namely:-
(a) classification of Private Medical Establishments;
(b) minimum standards of infrastructure, staffing pattern
and qualification of staff;
(c) standard protocols for treatments, procedures and
prescription audit; and
(d) uniform package rates for each procedure and treatment
covered under any of the health care assurance scheme of the
Government for private medical establishments.
(3) Other ad-hoc Committees.-
(a) The State Government
may also constitute such number of ad-hoc committees with such
number of members as may be prescribed;
(b) The ad-hoc committee shall perform such work as may be
prescribed and shall submit its report to the State Government for
its consideration;
(4) The Expert Committee constituted under section 9 or the
ad-hoc committee constituted in this sub-section shall follow such
procedure, as may be, prescribed in discharge of its functions; and
(5) The non-official Members of the Expert or ad-hoc
Committee shall be eligible for Travelling Allowance and Daily
11
Allowance or any other allowances, as may be, prescribed by the
State Government.]1
1. Inserted by Act 01 of 2018 w.e.f.
1[10. Schedule of charges and establishment details to be
notified.-
(1) Every Private Medical Establishment for the
information of patients and general public shall notify and make
available the schedule of charges for consultation fee, investigations,
medical treatments, procedures, hospital charges and other services,
and establishment details, as may be prescribed, in each of the
manners specified below:-
(i) display schedule of charges and establishment details in
the prescribed manner on a public website to be
provided by the Government;
(ii) display schedule of charges and establishment details in
the prescribed manner on its own website, if any;
(iii) display consultation fee, rates of major and largely used
investigations, procedures, treatments and other
services, and hospital charges on the notice board of the
establishment at a conspicuous place at the reception;
and
(iv) schedule of charges in form of booklets or brochures,
which is readily available to patients and public at the
establishment at all times:
Provided that in the event of any discrepancy in the schedule
of charges notified as per the above detailed manners, the least
amount shall be considered to be effective.
(2) For the services provided, the Private Medical
Establishment shall collect from the patient or his relative or
attendant an amount not more than the charges notified as per subsection (1), after providing an itemized bill.
(3) For the services provided to a patient belonging to eligible
household under the National Food Security Act, 2013 (Central Act
20 of 2013) and referred under any of the health assurance schemes
of the Government, no charges shall be collected from the patient.
(4) For the services provided to a patient not belonging to
eligible household under the National Food Security Act, 2013
(Central Act 20 of 2013) but referred under any of the health
assurance schemes of the Government, the charges over and above
the amount reimbursable from the Government as per the scheme
norms shall be collected subject to the rates notified under subsection (1), after providing an itemized bill.
(5) In case of any investigation or treatment or procedure
being necessary over and above the standard protocol prescribed
under clause (c) of sub-section (2) of section 9A for any patient
covered under sub-section (2) or (3) or (4), the concerned private
medical establishment can undertake the same after explaining the
need to the patient or his representative and obtaining his consent,
and charge additional amount, subject to the rates notified as under
sub-section (1) after providing an itemized bill.
(6) Every Private Medical Establishment shall provide proper
estimates for treatments and charges to the patient or attendant of
the patient during initiation or due course of treatment and final bill
shall not exceed the estimates.]1
1. Substituted by Act 01 of 2018 w.e.f
11. Obligations of Private Medical Establishments.- Every
Private Medical Establishment shall:-
(i) administer necessary first aid and take other life saving
or stabilising emergency measures in all medico-legal
or potentially medico-legal cases such as victims of
road accidents, accidental or induced burns or
poisoning or criminal assaults and the like which
present themselves or are brought before it at the
establishment; 2[in the event of such emergencies,
without insisting on advance payment]2
(ii) actively participate in the implementation of all
national and State health programmes in such
manner as the State Government may specify from
time to time; and furnish periodical reports thereon to
the concerned authorities;
(iii) perform statutory duties in respect of communicable
diseases to prevent the spread of the disease to other
persons and report the same to the concerned public
health authorities immediately;
(iv) furnish to the 1[Registration and Grievance Redressal
Authority]1 such particulars in respect of such noncommunicable diseases as may be notified by the State
Government from time to time.
2[(v) display the Patient’s Charter and Private Medical
Establishment's Charter in such place easily
visible to the public;
(vi) handover in the event of the death of a patient, the
body of the deceased immediately, without
insisting on prior payment of the dues:
Provided that in case the patient was admitted under
any of the health care assurance schemes the private medical
establishment shall claim the amount as per the scheme
norms from the Government in accordance with clause (d) of
sub-section (2) of section 9A.
Provided further that the due amount in accordance with
sub-section (2) of section 10 or balance due amount in
accordance with sub-section (4) or (5) of section 10 may be
recovered from representatives of the deceased in due course
as per law.
(vii) provide the Grievance Redressal Mechanism at
Private Medical Establishment Level in such
manner as may be prescribed.]2
1. Substituted by Act 01 of 2018 w.e.f
2. Inserted by Act 01 of 2018 w.e.f.
1[11A. Patient’s Charter and Private Medical
Establishment's Charter.- (1) Every patient or authorized family
member and Private Medical Establishment shall have the rights
and duties specified in the Patient’s and Private Medical
Establishment's Charter as contained in the Schedule to the Act.
(2) Every patient or authorized family member and Private
Medical Establishment shall have right to make complaint to the
Registration and Grievance Redressal Authority in respect of
violation of any of the provisions of sub-section (1) or rules made
under the Act in such manner as may be prescribed.]1
1. Inserted by Act 01 of 2018 w.e.f.
1[11B. Power of State Government to amend the
schedule.-
(1) The State Government may, by notification, add,
amend or omit any of the entries in the Schedule.
(2) Every notification issued by the State Government under
this section shall be laid before both houses of the State
Legislature.]1
1. Inserted by Act 01 of 2018 w.e.f
12. Maintenance of clinical records.-
(1) Every Private
Medical Establishment shall maintain clinical records of its activities
relating to the patients under its care in the prescribed manner.
(2) Every clinical record shall be open to inspection, in due
discharge of his duties, by the District Surgeon or any other officer
specifically empowered in this behalf by the State Government.
(3) Every person or his family member shall be entitled to obtain
a copy of the clinical record pertaining to himself on payment of
appropriate charges.
1[Provided that no such information shall be disclosed to any
other person.]1
1. Inserted by Act 01 of 2018 w.e.f
13. Procedure for obtaining information.-
(1) Every
Private Medical Establishment shall, as soon as possible, after the
purpose for which the person had visited or had been admitted is
over, make available to the person or his family member a copy of
the gist of observation, treatment, test, investigation, advice and
diagnostic opinion pertaining to the person.
(2) A public authority, in due discharge of its duties or the person
himself or any other person specifically authorised by the person to
this effect, or any family member of the person in case there is no
authorization because the person concerned is a minor or is
deceased or incapacitated (permanently or temporarily) may request
for copy of clinical records on payment of necessary charges to the
private medical establishment and on such charges being paid, the
private medical establishment shall, within a period of seven days,
make available such copy.
(3) Every Private Medical Establishment shall display, at a
prominent place, the charges for obtaining such information.
14. Restrictions on furnishing of information.-
The Manager of
the Private Medical Establishment may, for reasons to be recorded in
writing, refuse to furnish the information, pertaining to the clinical
records if he is satisfied that,-
(a) the treatment or test or assessment has been conducted on
the direction of a public authority and it has the first right to
receive the information.
(b) the report if made available to the person, is likely to cause
injury to the person or his family members.
15. 1[Penalty or suspension]1 or cancellation of
registration.-
2[(1) In case of any private medical establishment
failing to comply with any of the directions given by the Registration
and Grievance Redressal Authority under sub-section (8) of section
7, the Authority may impose a penalty not exceeding fifty thousand
rupees and extend the time for compliance or proceed to cancel the
registration of the establishment, after giving the establishment an
opportunity of being heard.
(2) In case of a complaint from a patient regarding overcharging the Registration and Grievance Redressal Authority after
holding enquiry under sub-section (3) of section 8 finds that the
Private Medical Establishment has violated the provisions of subsection (2), (4) or (5) of section 10 the Registration and Grievance
Redressal Authority shall impose a penalty equivalent to one and
half times of the overcharged amount, after giving the establishment
an opportunity of being heard. Out of the penalty amount an
amount equal to the over-charged amount shall be paid to the
patient and the balance shall be deposited with the Arogya Raksha
Samithi of the district for taking up public health activities:
Provided that in case of such over-charging by a particular
private establishment the Registration and Grievance Redressal
Authority after holding such enquiry under sub-section (3) of section
8 finds that the Private Medical Establishments has violated the
provisions of section 10 for the third time within a calendar year,
the Registration and Grievance Redressal Authority shall make a
written complaint to the concerned Court for taking up cognizance of
the offence and subsequent prosecution. On conviction, the
concerned private medical establishment shall be liable for a penalty
which may be extend to three-times of the amount over charged or
rupees one lakh, whichever is higher.
(3) In case of a complaint from a patient regarding any matter
in the Patient’s Charter or Private Establishments Charter, other
than the over-charging the Registration and Grievance Redressal
Authority having found that the Private Medical Establishments has
violated the provisions of section 11A shall impose a penalty of
rupees ten thousand for the first non-compliance and rupees twenty
five thousand for the second non-compliance during a calendar year
on the concerned private medical establishment, after giving the
establishment an opportunity of being heard. Fifty percent of the
penalty amount shall be paid to the patient and the balance fifty
percent shall be deposited with the Arogya Rakshana Samithi of the
district for taking up public health activities:
Provided that in case of such complaint against a particular
private establishment for the third time within a calendar year, the
Registration and Grievance Redressal Authority shall make a written
complaint to the concerned Court for taking up cognizance of the
offence and subsequent prosecution. On conviction, the concerned
private medical establishment be liable for a penalty which may be
extend to fifty thousand rupees.]2
3[(5)]3The 1[Registration and Grievance Redressal Authority]1 ,
on the basis of a complaint or otherwise if a prima facie case exists
about the contravention of any provisions of this Act or the rules
made there under or conditions of registration may, by order in
writing and for the reason to be recorded in writing suspend or
cancel the registration of a Private Medical Establishment:
Provided that no such order shall be made except after giving
a reasonable opportunity of being heard, to the Private Medical
Establishment. 2[and also ensure that arrangements are made
within reasonable time for uninterrupted health care to the
inpatients.]2
3[(6)]3 Every order made under sub-section (1) shall contain a
direction that the inpatients of the 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
provisions as to the care and custody of such inpatients pending
such transfer.
3[(7)]3 Every order made under sub-section (1) shall take
effect,-
(a) where no appeal has been preferred against such order
under section 17, immediately on the expiry of the period
specified for such appeal; and
(b) where such appeal has been preferred and the same has
been dismissed, from the date of order of such dismissal.
1. Substituted by Act 01 of 2018 w.e.f.
2. Inserted by Act 01 of 2018 w.e.f
3. renumbered by Act 01 of 2018 w.e.f
16. Appellate Authority.- 1[There shall be an Appellate Authority
over the Registration and Grievance Redressel Authority]1 consisting
of the following members, namely:-
(a) the Commissioner for Health and Family Welfare, KarnatakaChairman
(b) the Director of Health Services, Karnataka - Member
1
[(c) The Director of AYUSH (Ayurveda, Unani, Siddha,
Homeopathy, Nature cure and Yoga): Member
(d) One Clinician with Post Graduation in General Medicine
nominated by the State Government: - Member
(e) Director of Medical Education: - Member.]1
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
Homeopathy shall be a member in respect of appeals preferred by
other Private Medical Establishments treating patients through
Ayurveda, Unani, Homeopathy, Yoga, Naturopathy or Siddha system
of medicine.
1. Substituted by Act 01 of 2018 w.e.f.
17. Appeal:
(1) A Private Medical Establishment 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 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.
18. Private Medical Establishments to report the names of
government doctors on their establishments.- Every Private
Medical Establishment shall report to the State Government and the
1[Registration and Grievance Redressal Authority]1, the names of
government doctors and para medical staff, whose services are
utilized in the Private Medical Establishment for consultations or
any other basis whether on payment basis or not.
18. Private Medical Establishments to report the names of
government doctors on their establishments.- Every Private
Medical Establishment shall report to the State Government and the
1[Registration and Grievance Redressal Authority]1, the names of
government doctors and para medical staff, whose services are
utilized in the Private Medical Establishment for consultations or
any other basis whether on payment basis or not.
1. Substituted by Act 01 of 2018 w.e.f.
19. Penalties.-
(1) Where any person establishes, runs or
maintains a 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 upto 1[one lakh]1 rupees.
(2) When a person is convicted under sub-section (1), the
1[Registration and Grievance Redressal Authority]1 shall direct
immediate closure of the un-registered Private Medical
Establishment, except where a registration is cancelled or
suspended and an appeal filed against such cancellation or
suspension is pending.
(3) 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 such transfer.
17
(4) Where any person runs or maintains a Private Medical
Establishment in contravention of the conditions of registration or
contravenes the provisions of section 12 or 13, or fails to comply
with the direction issued under sub-section (2). he shall, on
conviction, be punished 2[XXX]2 1[with a fine which may extend to
twenty five thousand rupees]1 and in the case of a second or
subsequent offence 2[XXX]2 1[with a fine which may extend to fifty
thousand rupees]1
(5) Where a person contravenes any other provision of this
Act or the rules made thereunder he shall, on conviction, be
punishable with a fine which may extend to 1[one lakh rupees]1
3[(6) Notwithstanding anything contained in this Act,
whoever makes any false and frivolous or vexatious complaint
under this Act shall be punishable by the Registration and
Grievance Redressal Authority with a fine which may extend to
ten thousand rupees.]3
1. Substituted by Act 01 of 2018 w.e.f.
2. Omitted by Act 01 of 2018 w.e.f.
3. Inserted by Act 01 of 2018 w.e.f.
1[19A. Cognizance of offence.- No court shall take
cognizance of offence under this Act except on a written
complaint by the Registration and Grievance Redressal
Authority or any officer authorised in this behalf by the
Registration and Grievance Redressal Authority:
Provided that nothing in this section shall prevent the
aggrieved person to approach the competent court after
exhausting the remedies available under this Act and in case
the Registration and Grievance Redressal Authority or the
authorised officer fails to make written complaint within thirty
days from the date of application to make a complaint.]1
1. Inserted by Act 01 of 2018 w.e.f.
1[19B. Jurisdiction of Magistrates.- No magistrate shall
try an offence under this Act unless he is a Judicial magistrate
of first class.]1
1. Inserted by Act 01 of 2018 w.e.f.
20. Offences by a Company.-
(1) Where an offence against any
of the provisions of this Act or any rule made thereunder has been
committed by a company, every person who, at the time the offence
was committed, was incharge of, and was responsible to, the
Company, for the conduct of business of the company, as well as the
Company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment, provided in this
Act if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where
an offence under this Act has been committed by a company, and it
is proved that the offence was committed with the consent or
connivance of or is attributable to, any neglect on the part of the
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer of the company, shall
also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation:- For the purposes of this section,-
(a) ‘’a company’’ means any body corporate and includes a trust
firm, a society or other association of individuals; and
(b) ‘’the director’’ in relation to:-
(i) a firm means a partner in the firm;
(ii) a society, a trust or other association of individuals means
the person who is entrusted under the rules of the society,
trust or other association, with management of the affairs
of the society, trust or other association, as the case may
be.
21. Power of entry, inspection etc.- (1) Subject to such rules as
may be prescribed, the State Government may, specially authorise
any officer of the State Government (hereinafter in this section and
section 22 referred to as authorised officer) to,-
(a) enter, at all reasonable times, and with such assistants if any,
being persons in the service of the State Government as he
thinks fit, any place which is, or which he has reason to
believe is being used as a Private Medical Establishment.
(b) Make such examination of the premises of a Private Medical
Establishment and of any register, record, equipment, article
or document found therein and seize any document or record
as he may deem necessary for the purpose of examination,
analysis or investigation and retain them as long as he thinks
it necessary to do so for such purpose, provided the
authorised officer after seizing documents and records shall
intimate the reason for such seizure to the Manager of the
Private Medical Establishment as early as is practicable.
(c) Make such enquiry and take on the spot or otherwise the
statement of any person as he deems necessary:
(d) Exercise such other powers as may be necessary; for carrying
out the purposes of this Act.
Provided that no person shall be required under this subsection to answer any question or give any evidence tending to
incriminate himself:
19
Provided further that, no residential accommodation (not
being a Private Medical Establishment-cum-residence) shall be
entered into and searched by the authorised officer except on the
authority of a search warrant issued by a Magistrate having
jurisdiction over the area and all searches and seizures under this
section shall so far as may be, made in accordance with the
provisions of the Code of Criminal Procedure , 1973 (Central Act 2 of
1974).
(2) The authorised officer shall make a report to the
1[Registration and Grievance Redressal Authority]1 regarding the
result of the inspection, searches and seizure made by him under
sub-section (1), and the 1[Registration and Grievance Redressal
Authority]1 shall take necessary action on the said report under
this Act.
1. Substituted by Act 01 of 2018 w.e.f.
22. Sealing premises of un-registered Private Medical
Establishments.-
(1) Without prejudice to the provisions of section
19, if on a report made by the authorised officer under sub-section
(1) of section 21 or otherwise the 1[Registration and Grievance
Redressal Authority]1 has reason to believe that any Private Medical
Establishment is run or maintained without registration under
section 7, it may order immediate closure of such Private Medical
Establishment and also seal the premises:
Provided that no order under this sub-section shall be made
without giving an opportunity of being heard to the person likely to
be affected thereby.
(2) Every order made under sub-section (1) shall contain a
direction that the inpatients of such un-registered 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 provisions as to the care and custody of such
inpatients pending such transfer.
1. Substituted by Act 01 of 2018 w.e.f.
23. Powers of State Government to give directions to the
1[Registration and Grievance Redressal Authorities]1.-
The State
Government may give such directions to the 1[Registration and
Grievance Redressal Authority]1 as are in its opinion necessary or
expedient for carrying out the purposes of this Act. The State
Government shall record the reasons necessitating issuance of the
said directions and it shall be the duty of the 1[Registration and
Grievance Redressal Authority]1 to comply with such directions.
1. Substituted by Act 01 of 2018 w.e.f.
24. Protection of action taken in good faith.-
No suit,
prosecution or other legal proceeding shall lie against the State
Government or any officer, authority or person in respect of anything
which is in good-faith done or intended to be done in pursuance of
the provisions of this Act, or any rule or order made thereunder.
25. Removal of difficulties.-
If any difficulty arises in giving
effect to the provisions of this Act the State Government may, by
order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removing the difficulty:
Provided that no such order shall be made after expiry of a
period of two years from the appointed day.
26. Power to make rules:- (1) The State Government may, by
notification and after previous publication, make rules for carrying
out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing provisions such rules may provide for all or any of the
following namely:-
(a) the manner in which an application for registration shall be
made and the fee which shall be accompanied under section
5;
(b) such other factors for registration under section 6;
(c) manner and payment of fees to be accompanied for renewal
of registration;
(d) Standards to be maintained by every Private Medical
Establishment under section 9;
(e) manner of maintaining clinical records under section 12;
(f) the manner in which an appeal may be preferred and fees
for such appeal under section 17;
(g) the manner of taking custody of the premises under section
22;
(h) all matters expressly required or allowed by this Act to be
prescribed or in respect of which this Act makes no
provision or makes insufficient provision and a provision is,
in the opinion of the State Government, necessary for the
proper implementation of the Act.
18. Private Medical Establishments to report the names of
government doctors on their establishments.- Every Private
Medical Establishment shall report to the State Government and the
1[Registration and Grievance Redressal Authority]1, the names of
government doctors and para medical staff, whose services are
utilized in the Private Medical Establishment for consultations or
any other basis whether on payment basis or not.
1. Substituted by Act 01 of 2018 w.e.f.
19. Penalties.-
(1) Where any person establishes, runs or
maintains a 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 upto 1[one lakh]1 rupees.
(2) When a person is convicted under sub-section (1), the
1[Registration and Grievance Redressal Authority]1 shall direct
immediate closure of the un-registered Private Medical
Establishment, except where a registration is cancelled or
suspended and an appeal filed against such cancellation or
suspension is pending.
(3) 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 such transfer.
(4) Where any person runs or maintains a Private Medical
Establishment in contravention of the conditions of registration or
contravenes the provisions of section 12 or 13, or fails to comply
with the direction issued under sub-section (2). he shall, on
conviction, be punished 2[XXX]2 1[with a fine which may extend to
twenty five thousand rupees]1 and in the case of a second or
subsequent offence 2[XXX]2 1[with a fine which may extend to fifty
thousand rupees]1
(5) Where a person contravenes any other provision of this
Act or the rules made thereunder he shall, on conviction, be
punishable with a fine which may extend to 1[one lakh rupees]1
3[(6) Notwithstanding anything contained in this Act,
whoever makes any false and frivolous or vexatious complaint
under this Act shall be punishable by the Registration and
Grievance Redressal Authority with a fine which may extend to
ten thousand rupees.]3
1. Substituted by Act 01 of 2018 w.e.f.
2. Omitted by Act 01 of 2018 w.e.f.
3. Inserted by Act 01 of 2018 w.e.f.
1[19A. Cognizance of offence.- No court shall take
cognizance of offence under this Act except on a written
complaint by the Registration and Grievance Redressal
Authority or any officer authorised in this behalf by the
Registration and Grievance Redressal Authority:
Provided that nothing in this section shall prevent the
aggrieved person to approach the competent court after
exhausting the remedies available under this Act and in case
the Registration and Grievance Redressal Authority or the
authorised officer fails to make written complaint within thirty
days from the date of application to make a complaint.]1
1. Inserted by Act 01 of 2018 w.e.f.
1[19B. Jurisdiction of Magistrates.- No magistrate shall
try an offence under this Act unless he is a Judicial magistrate
of first class.]1
1. Inserted by Act 01 of 2018 w.e.f.
20. Offences by a Company.- (1) Where an offence against any
of the provisions of this Act or any rule made thereunder has been
committed by a company, every person who, at the time the offence
was committed, was incharge of, and was responsible to, the
Company, for the conduct of business of the company, as well as the
Company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
18
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment, provided in this
Act if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where
an offence under this Act has been committed by a company, and it
is proved that the offence was committed with the consent or
connivance of or is attributable to, any neglect on the part of the
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer of the company, shall
also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation:- For the purposes of this section,-
(a) ‘’a company’’ means any body corporate and includes a trust
firm, a society or other association of individuals; and
(b) ‘’the director’’ in relation to:-
(i) a firm means a partner in the firm;
(ii) a society, a trust or other association of individuals means
the person who is entrusted under the rules of the society,
trust or other association, with management of the affairs
of the society, trust or other association, as the case may
be.
21. Power of entry, inspection etc.- (1) Subject to such rules as
may be prescribed, the State Government may, specially authorise
any officer of the State Government (hereinafter in this section and
section 22 referred to as authorised officer) to,-
(a) enter, at all reasonable times, and with such assistants if any,
being persons in the service of the State Government as he
thinks fit, any place which is, or which he has reason to
believe is being used as a Private Medical Establishment.
(b) Make such examination of the premises of a Private Medical
Establishment and of any register, record, equipment, article
or document found therein and seize any document or record
as he may deem necessary for the purpose of examination,
analysis or investigation and retain them as long as he thinks
it necessary to do so for such purpose, provided the
authorised officer after seizing documents and records shall
intimate the reason for such seizure to the Manager of the
Private Medical Establishment as early as is practicable.
(c) Make such enquiry and take on the spot or otherwise the
statement of any person as he deems necessary:
(d) Exercise such other powers as may be necessary; for carrying
out the purposes of this Act.
Provided that no person shall be required under this subsection to answer any question or give any evidence tending to
incriminate himself:
19
Provided further that, no residential accommodation (not
being a Private Medical Establishment-cum-residence) shall be
entered into and searched by the authorised officer except on the
authority of a search warrant issued by a Magistrate having
jurisdiction over the area and all searches and seizures under this
section shall so far as may be, made in accordance with the
provisions of the Code of Criminal Procedure , 1973 (Central Act 2 of
1974).
(2) The authorised officer shall make a report to the
1[Registration and Grievance Redressal Authority]1 regarding the
result of the inspection, searches and seizure made by him under
sub-section (1), and the 1[Registration and Grievance Redressal
Authority]1 shall take necessary action on the said report under
this Act.
1. Substituted by Act 01 of 2018 w.e.f.
22. Sealing premises of un-registered Private Medical
Establishments.- (1) Without prejudice to the provisions of section
19, if on a report made by the authorised officer under sub-section
(1) of section 21 or otherwise the 1[Registration and Grievance
Redressal Authority]1 has reason to believe that any Private Medical
Establishment is run or maintained without registration under
section 7, it may order immediate closure of such Private Medical
Establishment and also seal the premises:
Provided that no order under this sub-section shall be made
without giving an opportunity of being heard to the person likely to
be affected thereby.
(2) Every order made under sub-section (1) shall contain a
direction that the inpatients of such un-registered 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 provisions as to the care and custody of such
inpatients pending such transfer.
1. Substituted by Act 01 of 2018 w.e.f.
23. Powers of State Government to give directions to the
1[Registration and Grievance Redressal Authorities]1.- The State
Government may give such directions to the 1[Registration and
Grievance Redressal Authority]1 as are in its opinion necessary or
expedient for carrying out the purposes of this Act. The State
Government shall record the reasons necessitating issuance of the
said directions and it shall be the duty of the 1[Registration and
Grievance Redressal Authority]1 to comply with such directions.
1. Substituted by Act 01 of 2018 w.e.f.
24. Protection of action taken in good faith.- No suit,
prosecution or other legal proceeding shall lie against the State
Government or any officer, authority or person in respect of anything
which is in good-faith done or intended to be done in pursuance of
the provisions of this Act, or any rule or order made thereunder.
20
25. Removal of difficulties.- If any difficulty arises in giving
effect to the provisions of this Act the State Government may, by
order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removing the difficulty:
Provided that no such order shall be made after expiry of a
period of two years from the appointed day.
26. Power to make rules:- (1) The State Government may, by
notification and after previous publication, make rules for carrying
out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing provisions such rules may provide for all or any of the
following namely:-
(a) the manner in which an application for registration shall be
made and the fee which shall be accompanied under section
5;
(b) such other factors for registration under section 6;
(c) manner and payment of fees to be accompanied for renewal
of registration;
(d) Standards to be maintained by every Private Medical
Establishment under section 9;
(e) manner of maintaining clinical records under section 12;
(f) the manner in which an appeal may be preferred and fees
for such appeal under section 17;
(g) the manner of taking custody of the premises under section
22;
(h) all matters expressly required or allowed by this Act to be
prescribed or in respect of which this Act makes no
provision or makes insufficient provision and a provision is,
in the opinion of the State Government, necessary for the
proper implementation of the Act.
27. Rules and orders to be placed before the State
legislature:- Every order made under section 26 and every rule
made under section 27 shall be laid as soon as may be after it is
made, before each House of the State Legislature while it is in
session for a period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid both Houses agree in making any
modification in the rule or order both Houses agree that the rule or
order should not be made the rule or order shall thereafter have
effect only in such modified form or be of no effect, as the case may
be; so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under
that rule or order.
28. Repeal and Savings:- (1) The Karnataka Private Nursing
Homes (Regulation) Act, 1976 (Karnataka Act 75 of 1976) is hereby
repealed.
(2) Notwithstanding such repeal,-
21
(a) anything done or any action taken under the repealed Act
shall be deemed to have been done or taken under the
corresponding provisions of this Act;
(b) all applications made under the repealed Act for registration
or renewal prior to the commencement of this Act and
pending consideration on the date of commencement of this
Act shall abate and the fee paid, if any, in respect of such
application shall be refunded to the applicant and such
applicants may apply afresh for Registration under the
provisions of this Act.
1[SCHEDULE
(see clause (s) of section 2 and section 11B)
PATIENT'S CHARTER AND ESTABLISHMENT CHARTER
I. PATIENT’S CHARTER
A. PATIENT’S RIGHTS:
(1) Care.- Every Patient shall have,-
(i) a right to receive treatment irrespective of the type
of primary and associated illnesses, socio-economic
status, age, gender, sexual orientation, religion,
caste, cultural preferences, linguistic and
geographical origins or political affiliations;
(ii) right to receive treatment in cases listed at subsection (i) of section 11 without being asked for
advance payment;
(iii) right to be heard of his medical problem and
concerns;
(iv) expectation from the doctor to write the prescription
legibly and explain him on the details on dosage,
dos and don’ts and generic options for the
medicines;
(v) to be provided with information and access on
whom to contact in case of an emergency;
(vi) right to be treated as per the standard protocol
prescribed under clause (c) of sub-section (2) of
section 9A;
(vii) right to know the information regarding the
schedule of charges in the manner prescribed under
sub-section (1) of section 10
(viii) right to be charged not more than the rates notified
under sub-section (1) of section 10; and
(ix) right to receive clinical records in accordance with
sub-section (3) of section 12.
22
(2) Confidentiality and Dignity.- (a) Every Patient shall
have,-
(i) right to personal dignity and to receive care without
any form of stigma and discrimination;
(ii) privacy during examination and treatment;
(iii)protection from physical abuse and neglect;
(iv)provision for spiritual and cultural preferences; and
(v) right to confidentiality about their medical
condition.
(b) In the event of death of a patient, his family members
shall have the right to receive the dead body immediately
without being asked for prior payment of the dues in
accordance with clause (vi) of section 11.
(3) Information.- Every Patient or his authorised family
member shall have right to,-
(i) information to be provided to him which are meant
to be and in a language of the patient’s preference
and in a manner that is effortless to understand,-
(ii) receive complete information on the medical
problem, prescription, treatment and procedure
details;
(iii) a documented procedure for his informed consent to
enable him to make an informed decision about his
care to be practiced with utmost diligence and
transparency;
(iv) be educated on risks, benefits, expected treatment
outcomes and possible complications to enable him
to make informed decisions and involve him in the
care planning and delivery process;
(v) request information on the names, dosages and
adverse effects of the medication that they are
treated with;
(vi) request access and receive a copy of his clinical
records;
(vii) complete information on the expected cost of
treatment presented as an itemised structure of the
various expenses and charges;
(viii) information on hospital rules and regulations; and
(ix) information on organ donation.
(4) Preferences.- Every Patient shall have right to,-
(i) seek a second opinion on his medical condition;
and
(ii)get his treatment options, so that he can select
what works best for him.
(5) Right to redress.- Every Patient shall have right to,-
23
(i) justice through an authority dedicated for this
purpose by the healthcare provider organization or
with Government Grievance Redressal authorities;
(ii) a fair and prompt hearing of his concern; and
(iii)appeal to a higher authority in the private medical
establishment and insist in writing on the outcome of
the complaint.
B. PATIENTS’ RESPONSIBILITIES.-
(1) Honesty in Disclosure.- Every Patient shall be
honest with the treating Doctor in disclosing family or medical
history.
(2) Treatment Compliance.- Every patient shall,-
(i) be punctual for appointments;
(ii) do the best to comply with the doctor’s treatment
plan;
(iii) have realistic expectations from the doctor and his
treatment;
(iv)inform and bring to the doctor’s notice if it has been
difficult to understand any part of the treatment or of
the existence of challenges in complying with the
treatment; and
(v) display intent to participate intelligently in medical
care by actively involving in the prescribed do-athome activities.
(3) Intent for Health Promotion.- Every patient shall
do everything in capacity to maintain healthy habits and
routines that contribute to good health and take responsibility
for health.
(4) Transparency and Honesty.- Every patient shall,-
(i) make a sincere effort to understand therapies
which include the medicines prescribed and their
associated adverse effects and other compliances
for effective treatment outcomes;
(ii) not ask for surreptitious bills and false certificates,
and/or advocate forcefully by unlawful means to
provide with one;
(iii)in the event of not being happy, shall inform and
discuss with doctor; and
(iv)report fraud and wrong-doing.
(5) Conduct.- Every patient shall,-
(i) respect the doctors and medical staff caring and
treating;
(ii) abide by the Hospital or facility rules;
(iii)bear the agreed expenses of the treatment that is
explained to in advance and pay bills on time
in accordance with section 10; and
24
(iv) not involve in abusing, assaulting or causing
harm to the Doctor or staff of Hospital. (any
contravention may attract penalty under the
Karnataka Prohibition of Violence Against
Medicare Service Personnel and Damage to
Property in Medicare Service Institutions Act, 2009
(Karnataka Act 01 of 2009))
II. PRIVATE MEDICAL ESTABLISHMENT’S CHARTER:-
(1) Transparency and Honesty.-Every Private Medical
Establishment shall,-
(i) provide a printed schedule of fee for office visits,
procedures, testing and surgery and provide itemized
bills; and
(ii) inform the doctor's qualifications to perform the
proposed
diagnostic measures or treatments.
(2) Patient Friendly.-Every Private Medical
Establishment shall,-
(i) schedule appointments in such a manner that it may
allow patient the necessary time to interact and examine
him with minimal waiting times and listen to his
problems and concerns without interruptions or
distractions; and
(ii) encourage patient to bring a friend or relative into
the examining room with him.
(3) Effective Communication for Patient Education.-
Every Doctor shall,-
(i) explain the patient prognosis, further diagnostic
activity and treatment in simple terms such that it
facilitates easy understanding to him;
(ii) prescribe an Information, Therapy and discuss with
the patient diagnostic treatment and medication
options, to enable him to make well-informed of
decisions; and
(iii) not proceed until the patient is satisfied and
convinced that he understands the benefits and risks
of each alternative and he has his agreement on a
particular course of action.
(4) Implementation of the patient charter.- Every
Private Medical Establishment shall,-
(i) publish the patient charter in Kannada and English;
25
(ii) display the patient charter prominently and at
multiple locations in the healthcare provider setting;
and
(iii) implement the patient charter in its true spirit in
everyday medical practice.]1
1. Inserted by Act 01 of 2018 w.e.f.
RAMESHWAR THAKUR
Governor of Karnataka
By order and in the name of the
President of India,
G. K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and
Legislation.
26
KARNATAKA ACT 37 OF 2012
(First published in the Karnataka Gazette Extraordinary on the Third day of September, 2012)
THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS
(AMENDMENT) ACT, 2012
(Received the assent of the Governor on the Thirty First day of August, 2012)
An Act further to amend the Karnataka Private Medical
Establishments Act, 2007.
Whereas it is expedient further to amend the Karnataka
Private Medical Establishments Act, 2007 (Karnataka Act 21 of
2007), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixtythird year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called
the Karnataka Private Medical Establishments (Amendment) Act,
2012.
(2) It shall come into force at once.
Section 3 is Incorporated in the Principal Act.
*****
KARNATAKA ACT NO. 01 OF 2018
(First Published in the Karnataka Gazette Extra-ordinary on the 06th day of January, 2018)
THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS
(AMENDMENT) ACT, 2017
(Received the assent of Governor on the 04th day of January, 2018)
An Act further to amend the Karnataka Private Medical
Establishments Act, 2007.
Whereas it is expedient further to amend the Karnataka
Private Medical Establishments Act, 2007 (Karnataka Act 21 of
2007) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixtyeighth year of the Republic of India, as follows:-
1. Short title and commencement.-(1) This Act may be
called the Karnataka Private Medical Establishments (Amendment)
Act, 2017.
(2) It shall come into force on such date as the State
Government may, by notification, appoint and different dates may be
appointed for different provisions of this Act.
Substitution of expressions.- For the expressions
“Registration Authority” or “Registration Authorities” wherever
they occur in the Principal Act, the expressions “Registration
and Grievance Redressal Authority” or “Registration and
Grievance Redressal Authorities” shall be substituted
respectively.
Sections 2 ,3,4,6,7,8,9,10,11,12,15,16,19 and insertion of new Sections
9A, 11A, 11B1 19A and 19B are incorporated in the Principal Act.- Every order made under section 26 and every rule
made under section 27 shall be laid as soon as may be after it is
made, before each House of the State Legislature while it is in
session for a period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid both Houses agree in making any
modification in the rule or order both Houses agree that the rule or
order should not be made the rule or order shall thereafter have
effect only in such modified form or be of no effect, as the case may
be; so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under
that rule or order.
28. Repeal and Savings:-
(1) The Karnataka Private Nursing
Homes (Regulation) Act, 1976 (Karnataka Act 75 of 1976) is hereby
repealed.
(2) Notwithstanding such repeal,-
(a) anything done or any action taken under the repealed Act
shall be deemed to have been done or taken under the
corresponding provisions of this Act;
(b) all applications made under the repealed Act for registration
or renewal prior to the commencement of this Act and
pending consideration on the date of commencement of this
Act shall abate and the fee paid, if any, in respect of such
application shall be refunded to the applicant and such
applicants may apply afresh for Registration under the
provisions of this Act.
1[SCHEDULE
(see clause (s) of section 2 and section 11B)
PATIENT'S CHARTER AND ESTABLISHMENT CHARTER
I. PATIENT’S CHARTER
A. PATIENT’S RIGHTS:
(1) Care.- Every Patient shall have,-
(i) a right to receive treatment irrespective of the type
of primary and associated illnesses, socio-economic
status, age, gender, sexual orientation, religion,
caste, cultural preferences, linguistic and
geographical origins or political affiliations;
(ii) right to receive treatment in cases listed at subsection (i) of section 11 without being asked for
advance payment;
(iii) right to be heard of his medical problem and
concerns;
(iv) expectation from the doctor to write the prescription
legibly and explain him on the details on dosage,
dos and don’ts and generic options for the
medicines;
(v) to be provided with information and access on
whom to contact in case of an emergency;
(vi) right to be treated as per the standard protocol
prescribed under clause (c) of sub-section (2) of
section 9A;
(vii) right to know the information regarding the
schedule of charges in the manner prescribed under
sub-section (1) of section 10
(viii) right to be charged not more than the rates notified
under sub-section (1) of section 10; and
(ix) right to receive clinical records in accordance with
sub-section (3) of section 12.
22
(2) Confidentiality and Dignity.- (a) Every Patient shall
have,-
(i) right to personal dignity and to receive care without
any form of stigma and discrimination;
(ii) privacy during examination and treatment;
(iii)protection from physical abuse and neglect;
(iv)provision for spiritual and cultural preferences; and
(v) right to confidentiality about their medical
condition.
(b) In the event of death of a patient, his family members
shall have the right to receive the dead body immediately
without being asked for prior payment of the dues in
accordance with clause (vi) of section 11.
(3) Information.- Every Patient or his authorised family
member shall have right to,-
(i) information to be provided to him which are meant
to be and in a language of the patient’s preference
and in a manner that is effortless to understand,-
(ii) receive complete information on the medical
problem, prescription, treatment and procedure
details;
(iii) a documented procedure for his informed consent to
enable him to make an informed decision about his
care to be practiced with utmost diligence and
transparency;
(iv) be educated on risks, benefits, expected treatment
outcomes and possible complications to enable him
to make informed decisions and involve him in the
care planning and delivery process;
(v) request information on the names, dosages and
adverse effects of the medication that they are
treated with;
(vi) request access and receive a copy of his clinical
records;
(vii) complete information on the expected cost of
treatment presented as an itemised structure of the
various expenses and charges;
(viii) information on hospital rules and regulations; and
(ix) information on organ donation.
(4) Preferences.- Every Patient shall have right to,-
(i) seek a second opinion on his medical condition;
and
(ii)get his treatment options, so that he can select
what works best for him.
(5) Right to redress.- Every Patient shall have right to,-
23
(i) justice through an authority dedicated for this
purpose by the healthcare provider organization or
with Government Grievance Redressal authorities;
(ii) a fair and prompt hearing of his concern; and
(iii)appeal to a higher authority in the private medical
establishment and insist in writing on the outcome of
the complaint.
B. PATIENTS’ RESPONSIBILITIES.-
(1) Honesty in Disclosure.- Every Patient shall be
honest with the treating Doctor in disclosing family or medical
history.
(2) Treatment Compliance.- Every patient shall,-
(i) be punctual for appointments;
(ii) do the best to comply with the doctor’s treatment
plan;
(iii) have realistic expectations from the doctor and his
treatment;
(iv)inform and bring to the doctor’s notice if it has been
difficult to understand any part of the treatment or of
the existence of challenges in complying with the
treatment; and
(v) display intent to participate intelligently in medical
care by actively involving in the prescribed do-athome activities.
(3) Intent for Health Promotion.- Every patient shall
do everything in capacity to maintain healthy habits and
routines that contribute to good health and take responsibility
for health.
(4) Transparency and Honesty.- Every patient shall,-
(i) make a sincere effort to understand therapies
which include the medicines prescribed and their
associated adverse effects and other compliances
for effective treatment outcomes;
(ii) not ask for surreptitious bills and false certificates,
and/or advocate forcefully by unlawful means to
provide with one;
(iii)in the event of not being happy, shall inform and
discuss with doctor; and
(iv)report fraud and wrong-doing.
(5) Conduct.- Every patient shall,-
(i) respect the doctors and medical staff caring and
treating;
(ii) abide by the Hospital or facility rules;
(iii)bear the agreed expenses of the treatment that is
explained to in advance and pay bills on time
in accordance with section 10; and
24
(iv) not involve in abusing, assaulting or causing
harm to the Doctor or staff of Hospital. (any
contravention may attract penalty under the
Karnataka Prohibition of Violence Against
Medicare Service Personnel and Damage to
Property in Medicare Service Institutions Act, 2009
(Karnataka Act 01 of 2009))
II. PRIVATE MEDICAL ESTABLISHMENT’S CHARTER:-
(1) Transparency and Honesty.-Every Private Medical
Establishment shall,-
(i) provide a printed schedule of fee for office visits,
procedures, testing and surgery and provide itemized
bills; and
(ii) inform the doctor's qualifications to perform the
proposed
diagnostic measures or treatments.
(2) Patient Friendly.-Every Private Medical
Establishment shall,-
(i) schedule appointments in such a manner that it may
allow patient the necessary time to interact and examine
him with minimal waiting times and listen to his
problems and concerns without interruptions or
distractions; and
(ii) encourage patient to bring a friend or relative into
the examining room with him.
(3) Effective Communication for Patient Education.-
Every Doctor shall,-
(i) explain the patient prognosis, further diagnostic
activity and treatment in simple terms such that it
facilitates easy understanding to him;
(ii) prescribe an Information, Therapy and discuss with
the patient diagnostic treatment and medication
options, to enable him to make well-informed of
decisions; and
(iii) not proceed until the patient is satisfied and
convinced that he understands the benefits and risks
of each alternative and he has his agreement on a
particular course of action.
(4) Implementation of the patient charter.- Every
Private Medical Establishment shall,-
(i) publish the patient charter in Kannada and English;
25
(ii) display the patient charter prominently and at
multiple locations in the healthcare provider setting;
and
(iii) implement the patient charter in its true spirit in
everyday medical practice.]1
1. Inserted by Act 01 of 2018 w.e.f.
RAMESHWAR THAKUR
Governor of Karnataka
By order and in the name of the
President of India,
G. K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and
Legislation.
26
KARNATAKA ACT 37 OF 2012
(First published in the Karnataka Gazette Extraordinary on the Third day of September, 2012)
THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS
(AMENDMENT) ACT, 2012
(Received the assent of the Governor on the Thirty First day of August, 2012)
An Act further to amend the Karnataka Private Medical
Establishments Act, 2007.
Whereas it is expedient further to amend the Karnataka
Private Medical Establishments Act, 2007 (Karnataka Act 21 of
2007), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixtythird year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called
the Karnataka Private Medical Establishments (Amendment) Act,
2012.
(2) It shall come into force at once.
Section 3 is Incorporated in the Principal Act.
*****
KARNATAKA ACT NO. 01 OF 2018
(First Published in the Karnataka Gazette Extra-ordinary on the 06th day of January, 2018)
THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS
(AMENDMENT) ACT, 2017
(Received the assent of Governor on the 04th day of January, 2018)
An Act further to amend the Karnataka Private Medical
Establishments Act, 2007.
Whereas it is expedient further to amend the Karnataka
Private Medical Establishments Act, 2007 (Karnataka Act 21 of
2007) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixtyeighth year of the Republic of India, as follows:-
1. Short title and commencement.-(1) This Act may be
called the Karnataka Private Medical Establishments (Amendment)
Act, 2017.
(2) It shall come into force on such date as the State
Government may, by notification, appoint and different dates may be
appointed for different provisions of this Act.
Substitution of expressions.- For the expressions
“Registration Authority” or “Registration Authorities” wherever
they occur in the Principal Act, the expressions “Registration
and Grievance Redressal Authority” or “Registration and
Grievance Redressal Authorities” shall be substituted
respectively.
Sections 2 ,3,4,6,7,8,9,10,11,12,15,16,19 and insertion of new Sections
9A, 11A, 11B1 19A and 19B are incorporated in the Principal Act.
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