Section 27 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
27. Responsibilities, Obligation and Rights.
(1)The clinical establishment shall adopt, display and observe A Standard Charter of patient rights based upon various rights provided under the Act and rules and shall orient the staff, patient and patient party thereof and the Government may publish such a model Standard Charter of patient rights by notification.(2)The Patient shall at all times accept and fulfill the obligations and responsibilities regarding healthcare and personal behavior enumerated below:-(a)patient shall ensure that he knows and understands the his/her' rights and shall exercise those rights responsibly and reasonably;(b)he shall provide, to the best of his knowledge, accurate and complete information about all matters pertaining to health, including medications and past or present medical problems to the service provider;(c)he shall report unexpected changes experienced or symptoms to the service provider;(d)he shall ensure that he understands the purpose and estimated cost of any proposed healthcare intervention before deciding to accept the service;(e)he, shall notify the service provider if he does not understand about the treatment, investigation or care provided to the patient;(f)he shall accept all the consequences of informed consent. If he refuses treatment or does not follow the instructions or advice of the service provider, shall accept the consequences of his decision and thus relieve the service provider of any liability;(g)he shall conduct himself so as not to interfere with the well-being or rights of other patient or service providers;(h)he shall act in a considerate and cooperative manner, respect the rights and responsibilities of others and follow the regulation or Standard Operating Procedure (SOP) of the clinical establishment;(i)he shall use the property of the clinical establishment with due care and diligence not to cause any damage or deterioration;(j)he shall ensure that financial obligations of the health care are fulfilled as promptly as possible, otherwise, he shall make an appropriate arrangements to settle unpaid bills through any mechanism agreeable to the clinical establishment; and(k)he shall fulfill any other obligation mentioned elsewhere in the Act or the rules.(3)If any patient refuses treatment or does not follow the instructions or advice of the service provider, he shall accept the consequences of his decision and thus relieve the clinical establishment of any liability;(4)Any patient, who has failed to fulfill the obligations and responsibilities, shall forfeit any rights conferred upon him/her.(5)Appropriate action may be taken against any patient or patient party who has contravened the provisions under the West Bengal Medical service persons and Medicare Service Institution (Prevention of Violence and damage to Property Act, 2009 [West Bengal Act XI of 2009].(6)For the purpose of this rule, the term 'patient' shall include 'patient party' also wherever and whenever applicable.Explanation. - "patient party" means a person willing to enjoy all the rights, responsibilities and Obligation conferred upon a patient and is recognized as such by the clinical establishment or the service provider and includes:(a)An adult member of the family or near relatives; or(b)Guardian of the service recipient, in case of service recipient being a minor; or(c)One of the Friends, colleagues or any person authorized by the service recipient as his Representative; or(d)Guardian, legal heir or natural successor or near relatives of the service recipient in event of the death of the service recipient or being incapacitated due to existing physical/mental/emotional state rendering him/her incapable to authorize a person as his/her Representative.
