Section 5 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
5. Accommodation Standard.
(1)Under clause (a) of sub-section (2) of section 7 of the Act, the clinical establishment shall provide such reception and accommodation to the patient and patient party which shall be reasonably adequate and suitable enough to render the service facilities offered by that type of clinical establishment and to ensure adequate reception and accommodation. The clinical establishment shall comply with the minimum accommodation standard as may be specified in schedule I:Provided that, to accommodate the patient, suffering from an infectious disease, the clinical establishment shall provide isolation cabin, or ward or any such arrangement including but not limited to negative pressure ventilation and air conditioning as may be medically necessary for that type of disease.Provided further that the clinical establishment shall have the right to offer different standards of accommodation based upon the amenities attached to such accommodation.Provided also that, the clinical establishment shall have the right to provide different standards of accommodation to accommodate such patient who needs such special therapy/care as mentioned under rule 13.Provided also, that, the clinical establishment shall have the right to determine and declare differential rate of user charges for such different standard of accommodation.Explanation. - Amenities means arrangements to provide physical comfort and conducive atmosphere which cannot be described as medically necessary.(2)The clinical establishment shall be located at a suitable place as specified in schedule I and no clinical establishment or any service-provider attached to it shall render any service at a place other than a place registered under this Act:Provided that, any service-provider attached to clinical establishment, being called for by the service-recipient residing nearby, may attend such house-call and provide service including collection of sample or specimen to such service recipient confined there who is unable or unwilling to attend the clinical establishment for receiving such service which shall include collection of sample or specimen.Explanation. - For the purpose of this rule, 'house' means a home, hostel, hotel, vehicle, or any place or premises where the patient is confined to.(3)The clinical establishment shall take necessary precaution so guarding that the building or premises of clinical establishment is not being used for any purposes other than those it is registered with and the clinical establishment shall not allow the use of the building, premises or equipment by a person who is not an employee or staff of that establishment and shall not allow any unwanted person to stay there overnight:Provided that, a patient party may be allowed to stay only if approved by the Primary Consultant or RMOExplanation. - "premises" means any building, structure or tent together with the land on which it is situated and the adjoining land used in connection with it and includes any land without any building, structure or tent and any vehicle, conveyance, vessels or aircraft.(4)Any person intending to commence, keep or carry on a clinical establishment shall have to submit the following document(s) along with the application under rule 34, in relation to the ownership of the premises where that establishment is accommodated:(a)if the person is granted rent free accommodation by the owner of the premises; the documentary proof in form of a current consent letter from the owner of the premises; or(b)if the proprietor is a lessee; the documentary proof in form of (i) a copy of lease-deed, and (ii) current consent letter from the owner of the premises; or(c)if the person is a tenant, the documentary proof in form of (i) copy of the current rent receipt, (ii) rent agreement and (iii) current consent letter issued by the owner of the premises; or(d)any such documents as may be permitted by the licensing authority.(5)The clinical establishment shall ensure that such establishment is accommodated in a building having approved plan duly certified by the local Authority concerned and if such plan is approved for residential purpose, it is converted accordingly with approval of that local Authority:Provided that, under any circumstances, the premises of the clinical establishment should be separated from rooms or spaces for private uses or other commercial uses i.e. there should be no free access.Provided further that the establishment shall be a composite unit i.e. there should be no public thoroughfare within the premises of the establishment.(6)Any person intending to commence, keep or carry on a clinical establishment shall have to submit the following document(s) along with the application under rule 34, in relation to the building and premises where that establishment is accommodated:(a)copy of plan for construction or modification approved by the Local Authority; and(b)Copy of building completion certificate issued by the Appropriate Authority; and(c)Sketch map showing detailed position and floor measurement of the different facilities; and(d)any such documents as may be notified.
