Section 8(3) in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
(3)The clinical establishment shall ensure that no service provider or person associated with the clinical establishment shall -(a)practice fee-splitting; or(b)carry out multiple consultation or encounter with the patient when it is not medically necessary; or(c)refer the patient to a Visiting Consultant of a different speciality when it is not medically necessary; or(d)keep a patient in the clinical establishment as an in-patient when it is not medically necessary or longer than is medically necessary; or(e)carry out or undertake to carry out any form of investigation and healthcare intervention which is not medically necessary; or(f)insist upon the patient or party to get admission in a particular clinical establishment due to any reasons other than scientific; or(g)insist upon the patient or party to get the investigation done from a particular clinical establishment due to any reasons other than scientific; or(h)insist upon procurement or purchase of particular brand of drug, medical device or medical supplies due to any reasons other than scientific; or(i)procurement or purchase of drug, medical device or medical supplies from a particular shop, establishment, manufactures or vendor due to any reason other than the scientific; or(j)engage in any such other unethical or unfair trade practice as may be notified.Explanation. - "fee-splitting" means any form of arrangements made between practitioners, healthcare facilities, organizations or individuals as an inducement to refer or to receive a patient to or from another practitioner, healthcare facility, organization or individual for the sole purpose of financial gain.
