N3PIIKPMEAct

7/31/2019 N3PIIKPMEAct

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KarnatakaPrivate Medical

Establishments Act.

2007Dr. S. B. N.PRAKASHFormer district and sessions judge ,Now the professor of Law.

National Law school of India University .Bangalore.


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Whatthelawstatedin1976. 1.

There

are

several

Private Nursing Homes which

are

notprovidedwithadequatestaff,necessaryequipmentandphysicalfacilitiestorenderpropertreatmentand

service

to

patients.

They

also

charge

amounts

which

areexorbitant,andnotcommensuratewiththeservicesrenderedbythem.Insomecases,theirpremisesarenotmaintainedincleanandhygienic

conditions.Some

of

the

Medical

and

Para

medical

staff

workingintheseInstitutionsarealsonotproperlyqualifiedortrainedintheworkentrustedtothem.Thusthequalityofmedicalservice affordedinthese

Private Nursing Homes ismuch

below

the

standard

required.

2.Itwasconsiderednecessarytohavealegislationto

exercisecontrol

over

the

Private Nursing Homes in

orderthatmaintenanceofstandardsetc.,areensured.


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. .

hencenewlaw The

law

did

not

bring

about

any

effective

change.

The

things

prevailed

almostto

the

same

extent.

TheobjectsandreasonsforthenewlegislationenvisagesthatthereisaneedtobringaboutacomprehensivelegislationinplaceoftheActof1976.

ThemainaimofthepresentActistoprovidefor:

1:The

registration

of

Private

Medical

Establishment;

2:prerequisiteforregistrationofPrivateMedicalEstablishment;

3. ConstitutionofLocalInspectionCommittee;

4.LayingdownthestandardsforPrivateMedicalEstablishments;

5.requirement

to

notify

the

schedule

of

charges

payable

for

different

medical

treatmentandotherservicesintheformofbrochuresor booklets.

6. prescribingstatutoryobligationstobeperformedbyPrivate MedicalEstablishment;

7.Maintenance ofclinicalrecords;

8.Tomakeavailabletothepersonsorhisfamilymemberacopyofthe gistofobservations,treatment,investigation,adviceanddiagnosticopinionpertainingtotheperson.;

9.suspensionorcancellation ofregistration,

10.penalties

for

violation

of

the

provisions

of

the

Act

and

cancellation

of

the

Registration. Andotherrelevantmatters.


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THEKARNATAKAPRIVATEMEDICAL

ESTABLISHMENTSACT,2007

An Act to provide for the Promotion andMonitoring of Private Medical Establishments inthe State of Karnataka .

An Act to provide for matters connectedtherewith or incidental to Private MedicalEstablishments in the State of Karnataka .


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Constitutional

aspect.

Healthisafundamentalrightinview of expanded

meaning

given

to

life

as

contemplated

vide

article

21,

asinterpreted

by

the

supreme

court

of

India.

HealthfallsinEntry6oflist2ofschedule VIIoftheconstitution.ThesaidentryiswithreferencetoPublichealth

and

sanitation;

hospitals

and

dispensaries State incontrasttoUnionistheconcerned authority

tomakelaw.

Unionhasnoauthoritytomakelaw.

Incase

if

union

to

make

law

resolution

to

be

passed.

Statelawwillhaveapplicationwithintheterritoryoftheconcernedstateandnotbeyondtheterritory ofthe state.


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What is a private medical establishment

means

a hospitalordispensarywithbedsorwithoutbeds.,

NursingHome. ClinicalLaboratory,

DiagnosticCentre.

Maternity

Home.

BloodBank,

RadiologicalCentre, ScanningCentre,

PhysiotherapyCentre.

Clinic. Polyclinic,

ConsultationCentreand

such other establishments by whatever name called where Investigation,

diagnosis and preventive or curative. or rehabilitative medical treatment facilities are provided

to the public and includes Voluntary or Private Establishments


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but does not include Medical Establishments run ormaintained or sponsored by -

(i) the State Government or a Local Authority orother Statutory body;

(ii) the Public Sector undertakings owned orcontrolled by the State or Central Government;

(iii) autonomous institutions owned or controlled bythe State or Central Government;

(iv) a Co-operative Society registered under theKarnataka Co-:operative Societies Act. 1959 inwhich more than fifty percent of shares are held by

the State or Central Government or both: (v) a Society registered under the KarnatakaSocieties Registration Act, 1960 and which is ownedor controlled by the State or Central Government;

(vi) a trust owned or managed by the State or


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Medicaltreatment"

Means:

systematicdiagnosisandtreatment

1.Forprevention

of

any

disease

OR

2.cureofanydisease, OR

3.to

improve

the

condition

of

health

of

any

person

throughallopathicorany otherrecognised

systemsof

medicine

:

suchasAyurveda.Unani,Homeopathy,Yoga,

NaturopathyandSiddha;andincludes

Acupunctureand

Acupressure

treatments


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Registration of Private Medical

Establishments: NoPrivateMedicalEstablishmentshallbe

1. EstablishedintheState, or

2.runin

the

State

or

3. maintainedintheState;

except under and in accordance with the terms and

conditions of registration granted under this Act Onand after the appointed day, : Provided that a Private Medical Establishment :in existence immediately prior to the appointed day

shall apply for such registration within ninetydays from the appointed day

Pending orders thereon may continue to

run or maintain till the disposal of the


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With

Whom

Registrationtobeobtained.

Registration

Authority Who is the registering authority:

RegistrationAuthorityin each district consists of

thefollowing

members,

namely:

(a)TheDeputyCommissioneroftheDistrict.

Chairman

(b)DistrictHealthandFamilyWelfareOfficer

Member

(e)President/Secretary,

Indian

Medical

Member


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Whetherany

application

shallbemade

Yes. Isthereanyprescribedform

:Yesitisin:

FormA

as

per

:

Rule6(1)

for

EXISTING

MEDICALESTABLISHMENT.

Form

B

as

per:

Rule

7

(1)

for

NEW

MEDICALESTABLISHMENT.

FormC: Application For Renewal OF

RegistrationOf

MEDICAL

ESTABLISHMENT


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:Underwhich Rulethe feeshallbepaid:

Thefee

shall

be

paid

as

per

Rule

4of

kpm

erules

2009.

:Howmuchisthefee:

The

differentrates

of

fees

are

prescribed

under

the

Rule

in

respectof Allopathic,IndianMedicineand Diagnostic

centresandTherapyestablishments.

InRespectof AllopathicPrivateMedicalEstablishment

MedicalclinicsRs.1,000

Consultationcentres

(Uni

specialty)

Rs.

1,500

Polyclinic/daycarecentre(Multispecialty)Rs.5,000

Nursinghomes

depending

upon

the

strength

of

beds.


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:Nursing homes with bed strength of

: (i)11to30bedsRs.10,000

(ii)30to50bedsRs.15,000

(iii)51to100bedsRs.25,000

(iv)101

to

500

beds

Rs.

50,000

(v)501to1000bedsRs.1,00,000

(vi)Above1000bedsRs.2,00,000

Providedthat

(i)hospitals run by charitable trusts which

are not charging any fee from the patientsshall be charged registration fee at ten

percent of the fees specified above.(ii) other hospitals working on no profit

basis shall be charged at fifty percent of theabove fees.


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InRespectof practicingIndiansystemof

medicine:

:Thefeeforregistration:

(i)ClinicanddispensaryonlyRs.500/

(ii)Clinical

centre,

Maternity

Home,

Nursing

HomeandHospitalswith:

(i)

Up

to

15

beds

Rs.

1,000/

(ii)15to20bedsRs.1,500/

(iii)20bedsandaboveRs.2,000/

-:Note: -The fee chargeable for renewal ofregistration shall be one-half of the

registration fee specified above


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InthecaseofDiagnosticcentresand

Therapyestablishments

(i)ForDiagnosticcentreswithadvancedfacilitieslike

CT,MRI,

Angio

etc.,

Rs.

10,000/

(ii)Forsuchcentrewithbasicfacilitiesonly

Rs.1,000/

(iii)ForTherapyEstablishmentswithbasic Laboratory

facilitiesRs.

1,000/

(iv)ForTherapyEstablishmentswithimaging and/or

other

advanced

Laboratory

facilities

Rs.

5,000


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*

*********

*********

:Are there any conditions for obtainingregistration:

Yes ; as per Rule 5 of K. P. M. E.Rules 2009

:What are those conditions:?????????

???????

?????

???

??


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:Whatarethoseconditions:

Premisesshallbelocatedincleansurroundingsinahygienicarea.

Adequatelighting

and

ventilation

shall

be

ensured

within

the

buildingandinthepremises

AdequatenumberofToiletRoomsshallbeprovided,separatelyformaleandfemalepatients.

RecordRoom

adequate

enough

for

Maintenance

of

Medical

recordsaspercodeofMedicalEthicsshallbeprovided.

StandardBioMedicalWasteDisposalSystemshallbeprovidedappropriatetothevolumeandnatureofWastegenerated.

Accessibilityto

attending

Doctors

by

Telephone,

fax

and

email

throughtheEstablishmentshallbeensuredtoeachpatient/theirattendants.CMEcompliancemechanismaspertheKarnatakaMedicalCouncilActasamendedfromtimetotimeshallbekept

up.

Qualified

and

experienced

staff

appropriate

to

each

field

such

asmedical,

diagnostic,

therapeutic,

observational

and

other

care

peculiartoeachspecialtyandinappropriatenumbersshallbeappointedproportionaltothenumberofpatientsordinarilytreatedinaday.

Displayconspicuously

and

in

aprominent

place

aplaces.


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(a)ThenameoftheEstablishmentwithnamesoftheowners/managers

(b)RegistrationcertificateissuedbytherespectiveStateMedicalCouncil

(c)FormofLicenseissuedfromKarnatakaPrivate

MedicalEstablishments

Board.

(d)SystemofMedicinepracticedandservicesavailable

(e)Working

hours/timings

of

each

Unit

of

the

Establishment

(f)Charges/consultation/diagnosis/treatment/reports/services/

otherproceduresandroomrent/bedchargesetc.intheformofChartexhibitedataconvenientplaceorplacesfor.

(g)Printed

brochures

of

the

rates

and

tariff

shall

be


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Generate,maintainanddocumentMedicalRecords

of

each

patient

as

per

rules

in

force

and

supply

to

the

patient

or

his

parent/Guardian/

Legal

Representatives/attendantsonrequest.

Give proper Discharge Summary to each patient

alongwith

the

Bill

of

charges.

Ensure that every Doctor employed by it wouldprovideFirstAid,wouldattendMedicoLegalCases

promptly

and

otherwise

follow

the

Code

of

Medical

Ethics,rigidly. InformtheDoctors/consultantsonrollandseetoit

that professional responsibility rests with the

Doctor/consultantin

charge

of

the

patient,

and

Comply with such other directives issued by theGovernmentortheDistrictRegisteringAuthority.


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Minimumstandardsof

accommodation,equipment

and

facilities: Everymedicalestablishmentsshallconformtothe

minimumstandards

of

accommodation,

equipment

andfacilitiesassetoutin,

(a)ScheduleAforestablishmentsadministering

AllopathicSystem;

(b)ScheduleBforestablishmentsadministeringthe

IndianSystemofMedicine;

(c)ScheduleCforestablishmentsadministering

HomeopathicSystemofMedicine:and

(d)Schedule

D

for

Diagnostic

Centres

and

Therapy


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Appealand

appellate authority.

APrivateMedicalEstablishmentswhoseapplication

for

registration

is

rejected

under

section

7

orwhoseregistrationhasbeensuspendedor

cancelledundersection15or

isotherwise

aggrieved

by

any

original

order

made

underthisActexceptanordermadeundersection

24

may prefer an appeal to the Appellate Authority .


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(1)insuchmannerandonpaymentofsuchfeesasmaybeprescribed..

(2)Every

such

appeal

shall

be

preferred

within

thirtydaysfromthedateofreceiptofthe

orderappealedagainst:

(3)The

Appellate

Authority

may.

after

holding

anenquirypasssuchorderasitdeemsfitas

far

as

possible

within

a

period

of

sixty

days

fromthedateoffillingoftheappeal


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Whenanappealshallbepreferred

Appeal shall be preferred under section 17 ofthe Act

Every appealshallbepreferredwithinthirtydays

fromthe

date

of

receipt

of

the

order

appealed

against:

Theappellantshallpay feesalongwiththeappeal

memo.

TheAppellate

Authority

may

after

holding

an


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Whoistheappellateauthority

The

Appellate

Authority

consists

of:

(a)theCommissionerforHealthandFamilyWelfare,KarnatakaChairman

(b)the

Director

of

Health

Services,

Karnataka

Member

(c)theDirector,IndianSystemofMedicineandHomeopathy Member

Note:

The Director of Health Services. Karnataka

shall be a member in respect of appealspreferred by a Private MedicalEstablishment treating patients through

allopathic system of medicine and the


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Penalties

Section 19 of Karnataka private medical establishment act

Where any person

establishes,

runs or

maintains

Private Medical Establishment without registration granted under section 7

he shall, on conviction, be punished with imprisonment for a term which

may extend to three years and with fine which may extend up to tenthousand rupees.

Whenapersonisconvictedundersubsection(1),theRegistrationAuthorityshall

directimmediateclosureoftheunregisteredPrivateMedicalEstablishment,

except

where

a

registration

is

cancelled

or

suspended

and

an

appeal

filled

against

suchcancellationorsuspensionispending.

Everyordermadeundersubsection(1)shallcontainadirectionthattheinpatientsof

suchunregisteredPrivateMedicalEstablishmentshallbetransferredtosuchother

PrivateMedical

Establishment

as

may

be

specified

in

that

order

and

it

shall

also

containsuchotherprovisionsastothecareandcustodyofsuch inpatientspending


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PenaltiesWhereanypersonrunsormaintainsaPrivateMedical

Establishmentincontraventionoftheconditionsof

registrationor

contravenes

the

provision

of

section

12

or13,orfailstocomplywiththedirectionissuedunder

subsection(2)Heshall,onconviction,bepunished

withimprisonment

for

term

which

may

extend

to

six

monthsandwithafinewhichmayextendtotwo

thousandrupeesandinthecaseofasecondor

subsequentoffence

with

imprisonment

for

aterm

whichmayextendtooneyearandwithafinewhich

mayextendtofivethousandrupees.

Whereaperson

contravenes

any

other

provision

of

this


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Offences.

Maybe

by

individuals

Maybe

by

com anies.


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Miscellaneousprovisions.

Where agovernmentdoctorisworkingwithaprivatemedicalestablishmentthePME andthe

peopleconnected

there

with

shall

furnish

the

detailstothe competentauthority.

Thepowertoconductsearchandseizetherecords.

Sealingofthepremises.

Protection regardingtheactsdoneingoodfaith.

Powerto

make

rules.

Authorityofgovernmenttogivedirectionsregardingtheimplementationofprovisions ofthe

Act.


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Thank you.

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