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Clinical Establishment Act
Clinical Establishment Act
In fact, any institution (regardless of the name by which it’s known) that offers services
or facilities to diagnose or provide treatment/care for illnesses, injury etc. is also a
clinical establishment.
Hospital Level 1 - This level comprises of establishments in which primary healthcare services are
provided by qualified doctors. The services include the likes of General Medicine, Paediatrics, Out
patient Services and Obstetrics & Gynecology. The maximum bed strength for these hospitals is 30.
Qualified and well-trained manpower who function with the support/supervision of registered medical
practitioners and with the support systems required for this level of care is a feature of such hospitals.
Hospital Level 2 - Establishments that provide services such as surgery and anaesthesia in addition
to those provided at level 1 come in this level. These establishments will also have such services as
pharmacy, laboratory and diagnostic facility.
Hospital Level 3 - Including all services from level 1 and level 2, the establishments in this level can
also be multi-specialty clinics with distinct departments. Support systems will include services such as
imaging facility and laboratory.
Hospital Level 4 - The establishments in this level will provide all the services from level 3. But they
will have the distinction of being a teaching/training institute. Not only that, these establishments will
also have different super specialties.
STANDARD TREATMENT GUIDELINES
These guidelines are to be followed.
If someone comes /is brought in to the clinical establishment in an
emergency medical condition, the onus is on the establishment to provide
the care necessary to stabilize the individual - particularly with women who
come in for deliveries and those who suffered accidents.
Section 11 - No one is to run a clinical establishment if it’s not registered in
accordance with the provisions of the Act.
Section 12 - some of the conditions that an establishment must fulfill for the
registration and continuation of a Clinical establishment are the following:
Minimum standards of the facilities and the services
The minimum requirement of personnel in the establishment
Adequate provision for maintaining records and reporting
As for hospitals, the minimum standards will be implemented based on the
level of care that’s provided by the hospital
MINIMUM STANDARDS
1) Integrated Counselling Centre
2) Dietetics
3) Hospital (Level 1)
4) Hospital(Level 2)
5) Hospital(Level 3)
6) Mobile Clinic Only Consultation
7) Mobile Clinic With Procedure
8) Mobile Dental Van
9) Dental Lab
10) Physiotherapy Centre
11) Health Check up Centre
12) Clinic/Polyclinic Only Consultation
13) Clinic/Polyclinic With Diagnostic Support
14) Clinic/Polyclinic With Dispensary
15) Clinic/Polyclinic With Observation
16) Collection Centres and point of care testing etc.
17) Speciality / Super-Speciality Specific
THE AUTHORITY AND ITS
FUNCTIONS
The National Council For Clinical Establishments- Its functions
include facilitating policy formulations, allocating resources and
determining treatment standards.
The State Council of clinical establishments — Every State
Government shall by notification constitute a State Council for
clinical establishments or the Union territory Council for clinical
establishments.
District registering authority - it’s functions include registering the
medical establishments and also imposing fines for not
complying with the provisions mandated by the Act
NATIONAL COUNCIL
National Council for clinical establishments.
Chairperson: Director-General of Health Service, Ministry
of Health and Family Welfare
Secretary: ex-officio from QCI, GOI
FOUR members reps – one from each - MCI, DCI, NCI, PCI
THREE members – from Central council of Indian Medicine
12 other members from various zones, Bureau of Indian
Standards, councils reps etc.
FUNCTIONS OF NATIONAL COUNCILS
ARUNACHAL PRADESH 62 5 0 0 12 0 2 0 75
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Unani
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Homoeopathy
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Naturopathy
Sowa-Rigpa
STATE ACTS
o Karnataka Private Medical Establishments Act. 2007
o Maharashtra Clinical Establishment Act, 2013.
o Kerala Clinical Establishments ( Registration and Regulation ) Act, 2018-
Act 2 of 2018.
o Gujarat Clinical Establishments (Registration and Regulation) Act, 2021-
Act 18 of 2021
o Telangana Allopathic Private Medical Care Establishments (Registration
And Regulation) Act, 2002.
o Haryana Clinical Establishment (Registration and Regulation) Adoption
Act, 2018
STATES : RULES
o West Bengal Clinical Establishments Rules, 2003
o Bihar Clinical Establishments (Regulations) Rules, 2013
o Tamil Nadu Clinical Establishments (Regulations) Rules, 2018
o Andhra Pradesh Allopathic Private Medical Care Establishments
(Registration and Regulation) Rules, 2007
o Uttar Pradesh Clinical Establishments ( Registration and
Regulation ) Rules, 2016
o Jharkhand State Clinical Establishments ( Registration and
Regulation ) Rules, 2013
STATES : RULES
Mizoram Clinical Establishments ( Registration and Regulation )
Rules, 2014
Arunachal Pradesh Clinical Establishments Rules, 2011
Chhattisgarh Nursing Home Rules, 2013
The Goa Clinical Establishments (Registration and Regulation)
Rules, 2021
IN DRAFT / BILL STAGE / ORDINANCE
The Draft Madhya Pradesh Clinical Establishments
(Registration and Regulation) Bill,2019
The Delhi Health Bill, 2019 (Revised Draft)
The Andhra Pradesh Informed Choice of Clinical
Establishments Bill, 2017
The Punjab Clinical Establishments (Registration and
Regulation) Ordinance, 2020. (Punjab Ordinance No. 2 0f
2020)
Rajasthan Clinical Establishments (Registration & Regulation)
Bill, 2006
CLINICAL ESTABLISHMENTS (CENTRAL
GOVERNMENT) AMENDMENT RULES
The State shall regard the raising of the level of nutrition and the standard of living of its
people and the improvement of public health as among its primary duties and, in
particular, the State shall endeavor to bring about prohibition of the consumption except
for medicinal purposes of intoxicating drinks and of drugs which are injurious to health
ARTICLE 249
POWER OF PARLIAMENT TO LEGISLATE WITH RESPECT TO A
MATTER IN THE STATE LIST IN THE NATIONAL INTEREST
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has
declared by resolution supported by not less than two-thirds of the members present and voting that
it is necessary or expedient in the national interest that Parliament should make laws with respect to
any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to
make laws for the whole or any part of the territory of India with respect to that matter while the
resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one
year as may be specified therein: Provided that, if and so often as a resolution approving the
continuance in force of any such resolution is passed in the manner provided in clause (1), such
resolution shall continue in force for a further period of one year from the date on which under this
clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the passing of a resolution under
clause (1) have been competent to make shall, to the extent of the incompetency, cease to have
effect on the expiration of a period of six months after the resolution has ceased to be in force,
except as respects things done or omitted to be done before the expiration of the said period.
ARTICLE 250
POWER OF PARLIAMENT TO LEGISLATE WITH RESPECT TO ANY MATTER
IN THE STATE LIST IF A PROCLAMATION OF EMERGENCY IS IN OPERATION