Section 11 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
11. Professional care.
(1)Under clause (c) of sub-section (2) of section 7 of the Act, all kinds of clinical establishment including 'collection centre' shall provide for a 'patient registration system' to register all the service-recipient as a patient of that clinical establishment and generate and maintain a Service/OPD register thereof containing such particulars as may be notified as a part of mandatory record keeping.(2)No clinical establishment shall provide or offer to provide any service to any service-recipient unless such recipient is registered under the registration system mentioned in sub-rule (1) and any such act shall be considered as a major deficiency under section 29 of the Act.Provided that a service recipient whose identity could not be determined shall be registered as such with immediate information to the nearest Police Station.Provided further, that, any service recipient may be provided for and administered with the Emergency medical treatment without waiting for registration.(3)No clinical establishment shall offer any such healthcare service facilities or keep or carry on such number of beds unless mentioned in the license granted which shall attract penalty under section 27 of the Act.(4)The clinical establishment shall display the relevant information regarding types and availability of all healthcare and non-healthcare service facilities along with components and sub-components of services offered by that clinical establishment as a part of mandatory display under rule 22.(5)As a part of mandatory reporting under rule 23, the clinical establishment shall generate and maintain such a performance report related to healthcare services rendered by it including report related to procedures like MTP under rule 13 in such format containing such particular and submit such reports at such intervals to the licensing authority or any such authority as may be notified.(6)No clinical establishment shall close, discontinue or suspend or cause to close, discontinue or suspend any or all of the healthcare service facilities mentioned in sub-rule (4) for a period of more than one month without submitting a prior intimation report of such closure, discontinuation or suspension to the licensing authority.(7)Any patient receiving health care services at a clinical establishment having out-patient or in-patient facility shall be registered under the professional care of a particular registered medical practitioner for the entire course of her treatment and care, and such registered medical practitioner shall be recorded as 'Primary Consultant' of that patient.(8)It shall be the duty and responsibility of the Primary Consultant to examine the patient; make a provisional diagnosis; and draw up a written treatment plan, which is medically necessary, record the salient clinical findings, result of other evaluation or assessment and advice in the case-sheet containing such particulars as may be notified as a part of mandatory record keeping.Explanation. - 'Consultants' means Registered medical practitioner in different fields of medicine having specialized knowledge, skill, expertise or experience who can act as specialists to provide expert medical care and services to the patients.(9)The treatment plan under sub-rule (8) shall include the following relevant information like (a) Details of investigation service; (b) Details of medical care advice including assessment & advice from Visiting Consultant; (c) Details of Nursing care advice; (d) Details of Rehabilitative care advice; (e) Detail of nutritional or dietary care advice or any such information as may be notified.(10)In the course of his/her treatment and hospital care, the patient or patient party shall have the right to be informed of the result of the evaluation or assessment; the nature and extent of his/her disease; any other additional or further contemplated healthcare intervention, including the possible complications and other pertinent facts, statistics or studies, regarding his/her illness, any change in the treatment plan before the change is made.(11)For any treatment plan, requiring multiple patient encounters, an explanation and instruction shall be provided to the patient by the Primary Consultant at the beginning of such treatment plan and shall be in accordance with the requirements of these rules.Explanation. - 'encounter' means an instance of direct provider to patient interaction, regardless of the setting, between a patient and a provider for diagnosing, evaluating or treating the patient's condition, exercising independent judgment. Encounters occur in many different settings -- ambulatory care, inpatient care, emergency care, home health care, field and virtual (telemedicine).(12)The patient or party shall have the right to select a Primary Consultant before commencement of care and treatment and to ensure that, the clinical establishment shall display the detail information regarding the name, qualification and hours of availability of medical staff as a part of mandatory display under rule 22.(13)The clinical establishment shall ensure that all the care provided by the healthcare providers are according to the latest guidelines of Evidence-based medicine.Explanation. - 'Evidence-based medicine' is the integration of best research evidence with clinical expertise to aid in the diagnosis and management of patients.
