(i) (a> Without derogation to any law for the time being in force and without prejudice to the generality of its powers and functions the Authority shall:- Receive applications for grant of licences or registration ofNursing Homes, Clinics;
Scrutinize the applications and call for further information or particulars from the applicants or from any other person or authority as may be required;
Consider the applications and pass orders;
and do such other things as are required or incidental for the purpose.
Every application for registration in respect of any Health Care Establishment and for grant of licence thereof shall be made to the Authority.
The application shall contain such particulars and shall be accompanied by such fees as may be prescribed.
The authority, if satisfied that the applicant and the health care establishment fulfill conditions specified under the Act, shall register the applicant in respect of such health care establishment and shall grant him a licence thereof and the registration and the licence shall be valid for a period of 3 years.
Every licence granted shall be subject to the following terms and conditions:
That adequate measures shall be taken to keep the health care establishment in perfectly hygienic and sanitary conditions;
That adequate measures shall be taken to dispose off the garbage and waste such as dressing materials, syringes and needles etc.
That no doctors, nurses or any paramedics or any other employees in the employment of the of the State Government shall be employed in such health care establishment.
Restriction in setting up Nursing Home, Clinics
Explanation :
Direction.
(ii) The Authority shall reject an application if it is satisfied that:-
(a) The applicant of the health care establishment does not fulfill the conditions as specified;
(b) There is no adequate provisions for maintaining hygienic and sanitary conditions to the detriment of the health of the locality in which the Health Establishment is proposed to set up;
(c) If such Nursing Homes, Clinics are not or will not be under the charge of a Medical Practitioner resident therein round the clock;
(d) Such Nursing Homes, Clinics do not employ registered nursing personnel to receive, admit and provide nursing care to such patients admitted to render health care.
9. On and from the appointed date no person shall set up any Nursing Home, Clinic including the ones run by the Voluntary Organisation except under a valid licence granted by the Authority and no Nursing Home or Clinic and the ones run by Voluntary Organisation shall run without it having been registered in accordance with the provisions of this Act;
Provided that in the case of a Nursing Home or Clinic in existence immediately before the appointed date the person who has set it up or otherwise is the proprietor or owner of such a Nursing Home or Clinic shall within a period of three months thereform, apply to the Authority for a licence and for registration of the Nursing Home or Clinic as the case may be.
For the purpose of this section "person" include a Body, Group or Association or individuals, and Organisation, a Firm or a Society whether registered or not and a Company.
10. The Authority may, from time to time give directions in regard to matters pertaining to Inspection Cancellation.
Appeal.
nursing Homes or Clinics and the licensee as also the person referred to in Provision to section 9 shall comply with such directions.
11. The authority may, from time to time cause inspection of the Health Care Establishments and the records kept therein to satisfy itself that the Health Care Establishment is run in accordance with the terms and condition of the licensee and that its directions are complied with and the licensee and the officer in charge of the Nursing Home or Clinic or by whatever name called, shall afford all reasonable opportunity to the Authority or to any person deputed by it to conduct the inspection and shall furnish all information as may be called for.
If the Authority is satisfied that a licensee has violated any of the terms and conditions of the licensee or any of the directions it has given or has contravened any of the provisions of this Act or the rules, the authority may order cancellation or suspension of the licence for such period as it may think fit and on such cancellation the certificate of registration shall stand withdrawn. Provided that before a licence is cancelled the licencee shall be given an opportunity to be heard.