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State of Kerala - Section

Section 37 in Kerala Clinical Establishments (Registration and Regulation) Act, 2018

37. Inspection.

(1)The Council or the Authority or the Appellate Authority or any officer authorised by them, shall have the right to cause an inspection of, or inquiry in respect of any clinical establishment, its building, laboratories, diagnostic facilities, equipments and also the works conducted or done by the clinical establishment, to be made by such person or persons as they may direct and to cause an inquiry to be made in respect of any standards or conditions of the registration, after issuing notice to the clinical establishment and giving a right to be represented thereat.
(2)Any officer or assessor carrying out an inspection of any clinical establishment shall file a report, with his findings within 48 hours of the conclusion of inspection, with the Authority authorised for inspection. In case additional information have been sought for he shall file a preliminary report within 48 hours and file the final report within 48 hours after such information has been furnished to him.
(3)The Council shall notify the persons qualified to conduct assessment of the clinical establishments.
(4)The Council or the Authority, as the case may be, shall communicate to the clinical establishment the views of the Council or the Authority with reference to the results of such inspection or inquiry and may, after ascertaining the opinion of the clinical establishment thereon, direct that clinical establishment as to the action to be taken.
(5)The clinical establishment shall report to the Council or the Authority, as the case may be, the action which is proposed to be taken or has been taken upon the results of such inspection or inquiry and such report shall be furnished within such time, as the Council or the Authority may direct.
(6)Where the clinical establishment does not take action to the satisfaction of the Council or the Authority, as the case may be, the Council or the Authority may, after considering any explanation furnished or representation made by the clinical establishment, within a reasonable time, issue such directions as the Council or the Authority deems fit, and the clinical establishment shall comply with such directions.
(7)No such inspection shall be conducted within three months from the date of the first inspection unless it is to verify the claim of clinical establishment that a defect pointed out in the report under sub-section (5) has been rectified and not more than two inspections shall be conducted without the instruction of the Council or Appellate Authority within one year after the defect is rectified.