The State Government of Goa on August 16, 2019 has published the Goa Clinical Establishments (Registration and Regulation) Bill, 2019, to provide registration and regulation of clinical establishments in the State of Goa and for that purpose, interalia, seeks to constitute the Goa Council for Clinical Establishments.
The Bill seeks to lay down the conditions for registration of clinical establishments including the minimum standards of facilities and services by the clinical establishments. Further, the Bill repeals the Goa Medical Practitioners Act, 2004.
- Registration and Standards for Clinical Establishments: The Government shall, by notification, set up an authority to be called the District Registering Authority for each district for registration of clinical establishments.
- Classification of Clinical Establishments: Clinical establishments of different systems shall be classified into such categories as may be prescribed. Further, different standards may be prescribed for different categories.
Procedure for Registration:
a) For the purposes of provisional certificate of registration of the clinical establishment, an application in along with fee and details shall be made to the authority.
b) If any clinical establishment is in existence at the time of the commencement of this Act, an application for its registration shall be made within three months from the date of the commencement of this Act and a clinical establishment which comes into existence after the commencement of this Act shall apply for its registration before starting its operations.
c) If any clinical establishment is already registered under any existing law requiring registration of such establishment, even then it shall apply for registration.
d) If any clinical establishment is offering services in more than one category then such establishment shall apply for separate registration for each such category.
e) Register of Clinical Establishments: The authority shall, within a period of one year from it’s establishment, compile, publish and maintain in digital format a register of clinical establishments, registered by it and it shall enter the particulars of the certificate so issued in a register to be maintained in such form and manner, as may be prescribed by the Government.
THE GOA CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) BILL, 2019
(Bill No. 22 of 2019)
A
BILL
To provide for the registration and regulation of clinical establishments in the State of Goa and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of Goa in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
Preliminary
1. Short title and commencement.— (1) This
Act may be called the Goa Clinical Establishments (Registration and Regulation)
Act, 2019.
(2) It extends to the whole of the State of
Goa.
(3) It shall come into force on such date as
the Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the
context otherwise requires,—
(a) “authority” means the District
Registering Authority appointed under
section 7 of this Act;
(b) “certificate” means certificate of
registration issued under section 27 of this
Act ;
(c) “clinical establishment” means,-
(i) a hospital, maternity home, nursing
home, dispensary, clinic, sanatorium or
an institution, by whatever name called,
that offers services, facilities requiring
diagnosis, treatment or care for illness,
injury, deformity, abnormality or
pregnancy in any recognized system of
medicine established and administered
or maintained by any person or body of
persons, whether incorporated or not;
or
(ii) a place established as an
independent entity or part of an
establishment referred to in sub-clause
(i), in connection with the diagnosis or
treatment of diseases where
pathological, bacteriological, genetic,
radiological, chemical, biological
investigations or other diagnostic or
investigative services with the aid of
laboratory or other medical equipment,
are usually carried on, established and
administered or maintained by any
person or body of persons, whether
incorporated or not and shall include a
clinical establishment owned, controlled
or managed by—
(a) the Government or a Department
of the Government;
(b) a trust, whether public or
private;
(c) a corporation (including a
society) registered under a Central,
Provincial or State Act, whether or not
owned by the Government;
(d) a local authority; and
(e) a single doctor/group of doctors,
but does not include the clinical
establishments owned, controlled or
managed by the Armed Forces.
Explanation.— For the purpose of
this clause, “Armed Forces” means
the forces constituted under the Army
Act, 1950 (Central Act 46 of 1950), the
Air Force Act, 1950 (Central Act 45 of
1950) and the Navy Act, 1957 (Central
Act 62 of 1957)
(d) “Council” means the Council
constituted under section 3 of this Act;
(e) “emergency medical condition”
means a medical condition manifesting
itself by acute symptoms of sufficient
severity (including severe pain) of such a
nature that the absence of immediate
medical attention could reasonably be
expected to result in,—
(i) placing the health of the individual
or with respect to a pregnant woman,
the health of the woman or her unborn
child, in serious jeopardy; or
(ii) serious impairment to bodily
functions; or
(iii) serious dysfunction of any organ
or part of a body;
(f) “Government” means the Government
of Goa;
(g) “Grievance Redressal Officer” means
person appointed by every clinical
establishment under the provisions of
section 9 of this Act;
(h) “National Council” means the
National Council for clinical establishments
established under section 3 of the Clinical Establishments (Registration and
Regulation) Act, 2010 (Central Act 23 of
2010);
(i) “National register” means the register
maintained by the Central Government
under section 39 of the Clinical
Establishments (Registration and
Regulation) Act, 2010 (Central Act 23 of
2010)
(j) “notification” means a notification
published in the Official Gazette;
(k) “Official Gazette” means the Official
Gazette of the Government;
(l) “prescribed” means prescribed by
rules made under this Act;
(m) “recognized system of medicine”
means allopathy, yoga, naturopathy,
ayurveda, homoeopathy, siddha and unani
system of medicines or any other system
of medicine as may be recognized by the
Central Government;
(n) “registration” means registration of
the Clinical Establishments under this Act;
(o) “rules” means rules made under this
Act;
(p) “standards” means the conditions
that are specified in section 9 for the
registration of clinical establishments;
(q) “State” means the State of Goa;
(r) “state register” means the register
maintained by the authority and the
Government under sections 34 and 35
respectively of this Act containing the
number of clinical establishments
registered;
(s) “to stabilize” (with its grammatical
variations and cognate expressions)”
means, with respect to an emergency
medical condition specified in clause (e),
to provide such medical treatment of the
condition as may be necessary to assure,
within reasonable medical probability; that
no material deterioration of the condition
is likely to result from or occur during the
transfer of the individual from a clinical
establishment.
CHAPTER II Council For Clinical Establishments
3. Constitution of Council for Clinical
Establishments.—
(1) The Government shall,
by notification, constitute a Council to be
called the Goa Council for Clinical
Establishments.
(2) The Council shall consist of the
following members, namely:—
(a) Secretary to the Government of Goa in Health
Department ___________ Chairman.
(b) Dean, Goa Medical
College________________ Member.
(c) Six Representatives out of which one
to be elected by each Executive
Committee of,-
(i) Goa Medical Council___ Member.
(ii) Goa Dental Council ____ Member.
(iii) Goa Nursing Council___ Member.
(iv) Goa State Pharmacy
Council_______________ Member.
(v) Goa Board of Indian
System of Medicine
and Homoeopathy
(Ayurveda and
Homoeopathy) _________ Member.
(vi) Any other Council in
recognized System of
Medicine_____________ Member.
(d) Three representatives to be
elected by Indian Medical
Association, Goa branch _ Members.
(e) One representative from
paramedical systems but
other than from clause (c)
to be nominated by the
Government ____________ Member
(f) One representative to be
elected by Members of
Association of Private
Nursing Homes in the
State of Goa. ___________ Member.
(g) Two representatives to
be nominated by the
Government____________ Members.
(h) Director of Health
Services, Government
of Goa ________________ Member
Secretary.
(3) The elected and the nominated
members of the Council, shall hold office for
three years, but shall be eligible for reelection or re-nomination for one more term
of three years only:
Provided that the person nominated or
elected, as the case may be, shall hold office
for so long as he holds the appointment of
the office by virtue of which he was
nominated or elected, as the case may be, to
the Council.
(4) The allowances payable to the
members of the Council other than ex-officio
members shall be such as may be prescribed
by the Government.
4. Disqualification for appointment as
member.— A person shall be disqualified for
being elected or nominated or for continuing
as a member of the Council if he,—
(a) has been convicted and sentenced
to imprisonment for an offence which, in
the opinion of the Government, involves
moral turpitude; or
(b) has been charge-sheeted in any
crime where punishment is imprisonment;
or
(c) is an undischarged insolvent; or
(d) is of unsound mind, and stands so
declared by a competent court; or
(e) has been removed or dismissed from
the service of the Government or a
corporation owned or controlled by the
Government; or
(f) is a whole time Officer or servant of
the Council; or
(g) has, in the opinion of the Government,
such financial or other interest in the
Council as is likely to affect prejudicially
the discharge by him of his functions as a
member.
5. Functions of the Council.— The Council
shall perform the following functions,
namely:—
(a) compiling and updating the State
Register of clinical establishments;
(b) sending monthly returns for updating
the National Register of clinical
establishments;
(c) representing the State in the National
Council;
(d) hearing of appeals against the Orders
of the authority;
(e) publication on annual basis a report
on the state of implementation of standards
by the clinical establishments;
(f) ensure implementation of minimum
standards;
(g) perform any other function
determined by the Government from time
to time.
6. Power to seek advice or assistance.—
The Council may associate with itself any
person or body whose assistance or advice
it may desire in carrying out any of the
provisions of this Act.
CHAPTER III Registration and Standards for Clinical Establishments
7. Appointment of an authority.— The
Government shall, by notification, set up an
authority to be called the District Registering
Authority for each district for registration of
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