Section 3 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
3. Standards and License.
(1)Any person intending to commence, keep or carry on a clinical establishment (except a place used for or intended to be used for consultation and treatment by a registered medical practitioner but shall not include the set up utilized solely for the purpose of consultation and advice by the registered medical practitioner), shall have to obtain a valid license from the respective licensing authority after compliance with the terms and conditions mentioned under section 7 of the Act, and different provisions of rules applicable to such type of clinical establishment by submitting an application to the Licensing Authority as mentioned under rule 34.(2)After considering all the relevant aspects mentioned in the application, with causing an inspection and enquiry, the licensing Authority, if satisfied, may approve and issue a new license or renewal in statutory CE Form VII mentioning the period of validity and other particulars within 90 (Ninety) days from the date of receipt of such application.(3)No person (except a place used for or intended to be used for consultation and treatment by a registered medical practitioner but shall not include the set up utilized solely for the purpose of consultation and advice by the registered medical practitioner), shall keep or carry on any clinical activity in any district unless he possesses a valid license obtained from the licensing authority and the district registrar of that district failing which shall attract penalty under section 27 of the Act.(4)The clinical establishment offering Service facilities in more than one category classified as multi-purpose clinical establishment as mentioned in rule 33, need not apply for separate registration for each type of category but shall have to submit application under rule 34 clearly mentioning those service facilities to obtain a composite license against a composite fee.(5)Any clinical establishment with existing valid license intending to change or bring out any expansion, modifications or additions or changes in name (ownership), service facilities, address (place of business) or any other particulars mentioned in the license, has to obtain a new license by submitting an application thereof along with the requisite fee and duplicate copy of the existing License.Explanation. - Expansion may be in form of addition of more service facilities including enhancement of bed strength or expansion in any other forms.(6)After considering all the relevant aspects of the desired modifications or additions or deletion or changes mentioned in the application under sub-rule (5), the licensing Authority, if satisfied, may approve and issue a new license incorporating such changes in registration within 90 (Ninety) days from the date of receipt of such application.(7)Any clinical establishment with existing valid license intending to change or bring out any modifications or additions or changes in situation of, layout or of staff belonging to, or any other particulars under sub-section (2) of section 12 of the Act or any other information based on which the license was granted, which does not require issuance of new license under sub-rule (5), it has to convey such information to the Licensing Authority with specific mention as to the exact date (s) on which such changes have taken place immediately and in any case not later than 30 (thirty) days after such change.Explanation. - Such changes shall include but not limited to closure, or temporary suspension of a service facility or any such changes as may be notified.(8)In case of difficulty, the licensing authority with the prior approval of the State Registrar may relax any of those terms and conditions in exercising the power under section 8 of the Act while granting renewal of license for the first time under this rule to old establishments:Provided that, before relaxing any specific term or condition, the licensing authority has to determine the consequences of such relaxation keeping in view the need to ensure safety of patient and public and the standard of healthcare services.Explanation. - Old establishment means such establishment which have obtained license under the West Bengal Clinical Establishment Rules, 2003 to be governed by the provision mentioned under sub-section (4) of Section 59 of the Act.
