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.