(1) This Act may be called the Orissa Clinical Establishments (Control and Regulation) Act, 1991.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
(4) It shall not apply to—
(a) a clinical establishment which owned, controlled, managed or maintained by Government or any authority or body established or constituted by an Act or Parliament or of the State Legislature;
2"[(b) Psychiatric Hospital or Psychiatric Nursing Home" established and licensed under the Mental Health Act, 1987."]
1. Published in Orissa Gazette Extraordinary No. 102, dt. 3.2.1992.
2. Substituted by Orissa Gazette Extraordinary No. 2203 dt. 1.12.2016 The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1355 FRIDAY, AUGUST 27, 2010 1["(c) a clinical establishment established and maintained by a qualified Medical Practitioner only for treatment of outpatient care without any admission facility."]
2. Definitions :–– In this Act, unless the context otherwise requires.
(a) ‘‘Certificate of Registration’’ means a certificate of registration issued under Section 5;
2["(b) " 'Clinical Establishment' means -
(i) an establishment by whatever name called, that offers services, facilities requiring diagnosis, examination, tretment or therapy or care for illness, injury, deformity, abnormality or pregnancy in any recognized system of medicine;
(ii) a place established as an independent entity or part of an establishment referred to in sub-clause (i), in connection with the diagnosis, examination, analysis or treatment of diseases where, biological, pathological, bacteriological, genetic, radiological chemical, biochemical, investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment or the preparation of culture, vaccines, serum or other biological or bacteriological product are usually carried on;"] 3["(c) 'Emergency Medical Condition' means a medical condition manifesting itself by acute symptoms of sufficient severity 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 pregnant women, 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.]
(d) "Inspecting Authority" means such officer not below the rank of District Medical Officer, as may be appointed, or an
1. Substituted by Orissa Gazette Extraordinary No. 2203 dt. 1.12.2016
2. Substituted by Ibed
3. Substituted by Ibed inspection team as may be constituted, by notification, by the State Government to carry out an inspection in accordance with the procisions of this Act;"
1[(c) clauses (e) and (f) shall be omitted;]
2[(g) "(g) ' Prescribed Authority' means the authority as may be prescribed in the rules to hear the appeals under this Act;";]
(h) ‘‘Prescribed’’ means prescribed by rules;
(i) ‘‘Qualified Medical Practitioner’’ means a medical practitioner registered in any State in India under a law for the registration of medical practitioners;
(j) ‘‘Qualified Midwife’’ means a midwife registered in any State in India under a law for the registration of midwives;
(k) ‘‘Qualified Nurse’’ means a nurse registered in any State in India under a law for the registration of nurses;
3["(k-a) 'Recognized System of Medicine' means allopathic, yoga, Naturopathy, Ayurveda, Homeopathy, Siddha and unani system of medicine or any other system of medicine as may be recognized by the Government;";]
(l) ‘‘Registered Clinical Establishment’’ means a clinical establishment registered or deemed to be registered under this Act;
(m) ‘‘Rules’’ means rules made under this Act;
4["(m-a) 'Standards' in relation to registration of clinical establishment, means the standard of facilities and services as may be prescribed;";]
(n) ‘‘Supervising Authority’’ means the Director of Medical Education and Training or any other officer as the State Government may, by notification, specify in that behalf.