The Clinical Establishments (Registration and Regulation) Act, 2010

The Clinical Establishments (Registration and Regulation) Act, 2010, is an act aimed at providing for the registration and regulation of clinical establishments in India. The act applies to the states of Arunachal Pradesh, Himachal Pradesh, Mizoram, and Sikkim initially, with the option to adopt it by other states through a resolution under clause (1) of article 252 of the Constitution.

The National Council for Clinical Establishments is established under section 3 to regulate clinical establishments. The council consists of various members elected or nominated, including representatives from different medical systems, nursing associations, and consumer groups. The council has several functions, such as compiling a national register of clinical establishments, developing minimum standards, and classifying these establishments.

The State Council for Clinical Establishments is established in each state to oversee the registration process. These councils have various members elected or nominated, including representatives from medical boards, nursing associations, and consumer groups. They are responsible for maintaining registers of clinical establishments, sending monthly returns to the national register, representing their states in the National Council, hearing appeals against authority decisions, and publishing annual reports on the implementation of standards within their states.

Clinical establishments can apply for provisional or permanent registration through an application process. Provisional registration is granted after a ten-day waiting period, while permanent registration requires compliance with prescribed minimum standards and is valid for five years. The act provides penalties for non-compliance and regulates various aspects of clinical establishment operations.

The act also has provisions for employee rights, including protection against wrongful dismissal or sexual harassment, and ensures that employees receive reasonable compensation in case of dismissal.