Bill to regulate
"health shops"
By
Gobind Thukral
Tribune News Service
CHANDIGARH, Dec 6
Nursing homes and health shops dispensing
magic cures take care. Punjab has decided to regulate
their working and check all kinds of quackery.
A Bill the Punjab
Nursing Home Registration Act is ready awaiting
formal approval of the Cabinet and the state assembly.
Official sources here said that it would be presented in
the winter session that begins on December 21.
It is an exhaustive piece
of legislation drafted by the Principal Secretary
(Health), Mr Rajesh Chhabra, and the Special Secretary,
Mr S.S. Channy. It would regularise all kinds of nursing
homes, maternity homes, clinical laboratories, diagnostic
centres, blood banks and any other kind of treatment.
Registration would be compulsory once enactment comes
into force.
No nursing home or a
diagnostic centre or a blood bank can be established
except by persons qualified to do so. For example, for a
nursing home or an allopathic clinic, the minimum
qualification would be diploma and any other recognised
qualification. The same would apply for unani and
homoeopathic systems. Dental and maternity homes, besides
clinical laboratories, blood banks would follow the
Supreme Court guidelines.
A detailed procedure has
been laid down for registration, cancellation and even
punishment, both fine and imprisonment.
The proposed legislation
also lays down the duties of supervisory staff and
detailed procedure to register or cancel registration.
But the structure regarding charges has been left to
private nursing homes and clinics.
A nursing home has been
defined ... "any premises used or intended to be
used for the reception of persons suffering from any
sickness, injury or infirmity for provision of
prophylaxis, diagnosis, treatment, nursing care,
rehabilitation services and include a maternity home. To
carry on a nursing home means to receive persons in a
nursing home for any of the aforesaid purpose and to
provide them prophylaxis, diagnosis, treatment, nursing
care and rehabilitative services.
It also included any
premises where any type of dental services are being
provided or intended to be provided for prophylaxis,
diagnosis or treatment, etc.
"Maternity home"
means any premises used or intended to be used for the
reception, consultation or treatment of pregnant women
before, during or after childbirth.
A nursing home also
indicates any clinic or pathological, microbial or
biochemical laboratory to help in diagnosing the disease.
This includes any institution or centre employing
electronic, electro-magnetic or ultra-sonic devices e.g.
Ultrasound, MRI, CT Scan, ECG, EEG, ECT, Mammography,
holter angiography, x-ray, etc for diagnostic and
therapeutic purposes.
No person, who either
himself is not a qualified medical practitioner or has
not under his direct employment the requisite qualified
staff ( full-time) as prescribed, shall be allowed to run
a nursing home.
Those intending to a
nursing home shall move an application on the prescribed
performa for registration under this Act to the
registering authority through the Civil Surgeon of the
district, who will forward the same with his
recommendation within 30 days and should subsequently
apply for renewal after every five years to the
registering authority through the Civil Surgeon.
An application for
registration of a nursing home in existence when this Act
comes into force shall be made within six months from
such date through the Civil Surgeon concerned.
The state government will
also check that no doctor practises in any other system
of medicine except in which he is duly qualified.
If any contravention is
made of the first time, he will have to pay a fine of Rs
1,000 only and closure of the premises for such time, the
contravention is set right. For the second contravention,
he will have to pay a fine of Rs 3,000, closure of the
premises for such time, the contravention has to be set
right and with a warning to be careful in future. For the
next contravention, he will have to pay a fine of Rs
5,000 and simple imprisonment up to 3 months, and closure
of the premises for such time till the matter is
rectified.
No court below that of
Magistrate (First Class) shall try an offence punishable
under this Act.
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