(1) The licensing authority, if satisfied that the applicant and the clinical establishment has fulfilled such standards as may be prescribed, shall register the clinical establishment and shall grant a license in duplicate in respect of the clinical establishment in such form as may be prescribed.
(2) No license shall be granted in respect of a clinical establishment unless it has—
(a) provided such minimum standard of accommodation as may be prescribed;
(b) engaged such minimum number, and norms, of service providers including registered medical practitioner, registered nurse, other paramedical staff and other categories of employees with such qualifications as may be prescribed;
(c) made arrangements for such minimum standard of services including emergency care and referral services as may be prescribed;
West Ben. Act LIX of 1980.
8 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 [PART III The West Bengal Clinical Establishments (Registration and Regulation) Act, 2010.
(Chapter II.—Registration and Standards.—Section 7.)
(d) installed such equipments and machinaries as may be prescribed;
(e) made such arrangements for disposal of biomedical wastes as may be prescribed;
(f) made provisions for maintenance of such records and registers in such form and containing such particulars as may be prescribed;
(g) fulfilled any other condition that may be prescribed.
(3) Every license granted under sub-section (1) shall be subject to the following terms and conditions:—
(a) continued fulfilment of the condition laid down in sub-section (2);
(b) that necessary precaution shall be observed so guarding that the clinical establishment is not being used for unsocial or immoral purpose or both;
(c) that the clinical establishment shall not resort to any unethical or unfair trade practices including unfair pricing for different services;
(d) that such measures shall be taken to keep the clinical establishment in such satisfactory, sanitary and hygienic condition as may be prescribed;
(e) that such information is to be displayed and in such manner as may be prescribed;
(f) that such reports in such form containing such particulars and such necessary documents shall be submitted to such authorities at such intervals or on demand, as may be prescribed;
(g) that such medical and other reports, records and documents shall be made available to the licensing authority or the service recipient or his representative on demand as may be prescribed;
(h) that report shall be submitted to the lisensing authority as soon as a person who has been received or accommodated or both in the clinical establishment is found to be suffering from any such infectious or dangerous disease or other condition as may be notified;
(i) that every case of a victim of accident, injury, or trauma, received or accommodated or both thereto shall be reported to the police station, within the jurisdiction of which such clinical establishment is located;
(j) that no person shall be subject to any discrimination in any form or manner, by the clinical establishment in access to facilities, goods, care and services including admission, on any of the grounds of nationality, sex, physical or mental disability, occupation, religion, sect, language, caste, political or other opinion, actual or perceived health status and disease condition like Human Immunodeficiency Virus (HIV) infection or Acquired Immune Deficiency Syndrome (AIDS) or such other diseases as may be prescribed or such other arbitrary grounds;
(k) that no person shall be denied, under any circumstances, including inability to pay the requisite fee or charges, such emergency life-saving medical treatment and critical care by the clinical establishment as may be prescribed:
Provided that the clinical establishment has the right to recover the cost from the service recipient or his representative in due course of time;
(1) that the clinical establishment shall actively participate in the implementation of all national and State Health Programmes including prevention of spread of communicable diseases in such manner as the State Government may specify from time to time and furnish periodical reports thereon to the authorities concerned; and
(m) any other terms and conditions which may be prescribed.
PART Hi] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 9 The West Bengal Clinical Establishments (Registration and Regulation) Act, 2010.
Maintenance of State register of clinical establishments.
Classification of clinical establishments.
(Chapter II—Registration and Standards.—Sections 8-11.—Chapter Procedure for registration and licensing.—Section 12.)
(4) Every license granted under sub-section (1) shall, unless suspended or cancelled earlier under this Act, remain in force and be valid for such period with effect from the date on which it is granted as may be prescribed.
8. Notwithstanding anything contained in sub-section (2) and sub-section (3) of section 7, the State Government may, for reasons to be recorded in writing, relax for such clinical establishment or in such circumstances as may be prescribed, all or any of the terms and conditions to which a license granted under sub-section (1) of section 7 shall be subject.