Section 7(3) in The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017
(3)Every license granted under sub-section (1) shall be subject to the following terms and conditions:-(a)continued fulfilment of the condition laid down in sub-section (2);(b)that necessary precaution shall be observed so guarding that the clinical establishment is not being used for unsocial or immoral purpose or both;(c)that the clinical establishment shall not resort to any unethical or unfair trade practices including unfair pricing for different services;(d)that such measures shall be taken to keep the clinical establishment in such satisfactory, sanitary and hygienic condition as may be prescribed;(e)that such information is to be displayed and in such manner as may be prescribed;(f)that such reports in such form containing such particulars and such necessary documents shall be submitted to such authorities at such intervals or on demand, as may be prescribed;(g)that such medical and other reports, records and documents shall be made available to the licensing authority or the service recipient or his representative on demand, as may be prescribed;(h)that report shall be submitted to the licensing authority as soon as a person who has been received or accommodated or both in the clinical establishment is found to be suffering from any such infectious or dangerous disease or other condition as may be notified;(i)that every case of a victim of accident, injury, or trauma, received or accommodated or both thereto shall be reported to the police station within the jurisdiction of which such clinical establishment is located after providing immediate medical treatment;(j)that every clinical establishment shall provide necessary medical treatment to victims of road traffic accident, persons suffering from sudden calamities, acid attack victims and rape victims irrespective of their ability to bear the treatment cost at the relevant time:Provided that the clinical establishment shall have the right to recover the cost from the service recipients or his representatives in due course of time;(k)that there should be no delay in releasing the Dead Body of patients or service recipients to their representatives due to billing or other issues, including inability to pay the treatment cost.Provided the clinical establishment shall have the right to recover the cost and charges from the representatives of the service recipients in due course;(l)that every clinical establishment shall maintain a Public Grievance Cell for lodging of any complaint regarding treatment, improper billing, deficit in service, attending staffs' behaviour etc. and for redressal thereof;(m)that every clinical establishment shall set up a proper Help Desk to maintain regular and proper communication with the service recipients or their representatives regarding treatment, recipient's condition, regular billing etc. and for their proper counseling;(n)that every clinical establishment shall immediately after coming into force of this Act, implement e-Prescription, maintain Electronic Medical Records and provide a set of all medical records and treatment details along with the discharge summary at the time of discharge of the service recipient;(o)that every clinical establishment shall strictly follow the fixed rates and charges including the Package Rates for investigation, bed charges, operation theatre procedures, Intensive Care, ventilation, implants, consultation and similar tests and procedures, and any additional treatment or procedure shall not attract additional charges over and above such fixed rates and charges including the Package Rates;(p)that every clinical establishment shall provide proper estimates for treatments not covered in fixed rates and charges including the Package Rates, to the service recipients or representative of service recipients during initiation or due course of treatment, and final bills shall not exceed estimates by a certain percentage, as may be prescribed by the Government;(q)that every clinical establishment shall strictly discourage repetitive laboratory tests for any service recipient, unless essential;(r)that every clinical establishment having more than 100 beds may endeavour setting up Fair Price Medicine Shop and Fair Price Diagnostic Centre;(s)that any clinical establishment which has received land or other facility from the Government during initiation and in course of continuance of their projects shall be responsible to provide completely free treatment to 20 percent of Outdoor Patient Department patients and 10 percent of Indoor Patient Department patients in such manner as may be prescribed:Provided that clinical establishments, owned and managed by corporate entities that have not availed such benefits, may endeavour to provide completely free treatment to 20 percent of Outdoor Patient Department patients and 10 percent of Indoor Patient Department patients as part of their Corporate Social Responsibility;(t)that every clinical establishment shall mandatorily obtain express consent of the patient party for continuation of ventilation support to the patient after brain death;(u)that no person shall be subject to any discrimination in any form or manner, by the clinical establishment in access to facilities, goods, care and services including admission, on any of the grounds of nationality, sex, physical or mental disability, occupation, religion, sect, language, caste, political or other opinion, actual or perceived health status and disease condition like Human Immunodeficiency Virus (HIV) infection or Acquired Immunodeficiency Syndrome (AIDS) or such other diseases as may be prescribed or such other arbitrary grounds;(v)that no person shall be denied, under any circumstances, including inability to pay the requisite fee or charges, such emergency life-saving medical treatment and critical care by the clinical establishment as may be prescribed:Provided that the clinical establishment has the right to recover the cost from the service recipient or his representative in due course of time;(w)that the clinical establishment shall actively participate in the implementation of all National and State Health Progammes including prevention of spread of communicable diseases in such manner as the State Government may specify from time to time and furnish periodical reports thereon to the authorities concerned; and(x)any other terms and conditions which may be prescribed.
