Section 7 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
7. Manpower Standard.
(1)Under clause (b) of sub-section (2) of section 7 of the Act, the clinical establishment shall engage such manpower who are qualified enough to render the services offered by that clinical establishment and to ensure such manpower standard, the clinical establishment shall comply with the minimum qualification norms in respect of health service providers as specified in schedule II.(2)The clinical establishment shall permit or allow the service by any service provider only after being reasonably satisfied about the qualification of such service provider and employing an unqualified or under-qualified person shall be considered as major deficiency under section 29 of the Act.(3)The service providers can be classified into the following categories: (a) Medical professional staff; (b) Nursing professional staff; (c) Pharmacist; (d) Allied-Medical /Paramedical professional staff; (e) Healthcare Assistant/attendant; (f) Administrative-Managerial staff; (g) Non-medical technical staff; (h) Other staff as specified in schedule II.Explanation 1. - Allied-medical professional' means any person having adequate professional qualification who can practice his profession to assist a registered medical practitioner in practice, or teaching or research of medicine and who can also administer appropriate non-pharmacological therapy and shall include professionals like physiotherapists, occupational therapist, clinical psychologist, Nutritionist etc. or any such professional as may be notified but shall not include Pharmacist, Nurses, or para-medical professional.Explanation 2. - paramedical professional' means any person having adequate professional qualification who can practice his profession to assist a registered medical practitioner in practice, or teaching or research of medicine but who cannot administer any pharmacological or non-pharmacological therapy and shall include professionals like such Medical Technician/ Technologists or any such professional as may be notified but shall not include Pharmacist, Nurses, or allied-medical professional.Illustration: non-pharmacological therapy shall include any recognized form of therapy like physiotherapy, occupational therapy, counseling, dietary advice etc. but shall not include therapies which can only be administered by a registered medical practitioner like acupuncture, radiotherapy etc.Explanation 3. - Healthcare Assistant/attendant: means such appropriately trained and qualified personnel who has successfully undergone Education and training rendered by West Bengal Council for vocational Education training or similar institution and who can assist the (a) Medical professional staff; (b) Nursing professional staff; (c) Pharmacist; or (d) Allied-Medical /Paramedical professional staff in rendering healthcare services and shall include Assistant/attendant like such General Duty Attendant, Bedside Assistant, Dresser, Midwifery Assistant, Pharmacy Assistant or any such Healthcare Assistant/attendant as may be notified.(4)The clinical establishment shall ensure that any service provider engaged or empanelled by it-(a)has valid registration certificate under any law regulating their registration and, in the absence of such law, hold such qualifications and possess such experience as are recognized by the Government; and(b)has such qualification, training, experience and skill to (i) practice in their particular specialty or subspecialty in the field of medicine or dentistry, nursing or other health care profession as are recognized by the Government and (ii) provide necessary health care service as expected and applicable of him; and(c)has submitted all the particulars relating to his/her registration, qualification, training, experience and skill along with the certificates of registration and certificate of qualification and other supporting documents thereof:Provided that in case of any doubt regarding validity or appropriateness of registration or qualification, the Licensing Authority shall seek clarification from the State Prescribing Authority for Medical Education Training and Research constituted under rule 26.Explanation 1. - Certificate of registration' means the registration certificate awarded by the respective council in case of Registered Medical Practitioner, Registered Nurse or Midwife, and Registered Paramedical/ Allied-medical professional when applicable.Explanation 2. - Certificate of qualification' means the certificate, diploma or degree awarded by university or any such competent authority.(5)Each such engagement or empanelment shall be substantiated by an offer letter issued by the clinical establishment and an acceptance letter by the service provider.(6)The clinical establishment shall retain copies of such certificates of registration and certificate of qualification under sub-rule (4) and copies of such offer letter and acceptance letter under sub-rule (5) as long as necessary to produce such documents at the time of inspection or enquiry under rule 36 or on demand by the authority and shall submit such copies along with the application:Provided that any act of retention of originals of such certificates by the clinical establishment against the consent of any service-provider shall be a contravention of this Act and rules;Provided further that the clinical establishment shall produce the original of such certificates on demand without delay to the Supervisory authority.(7)Besides providing adequately qualified staff, it shall be the responsibility of the clinical establishment to ensure that all the staff including visiting consultant is well oriented with the working arrangement, regulation or SOP of that clinical establishment.Explanation. - working arrangement' include any such arrangements provided by the establishment in order to comply with the terms and conditions of licensing and registration and any such other additional arrangements provided by the establishment to render adequate healthcare and non-health care related services, arrangement for sanitation, hygiene, safety and security etc.
