Section 16(5) in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
(5)A transfer to another Health care establishment shall be treated as an appropriate transfer if -(a)before transfer, the patient has been provided with highest possible medical treatment by the clinical establishment within its capacity to minimize the risks to the health of the patient;(b)before transfer, the patient and the party has been provided with adequate consultation and counseling regarding the necessity of such transfer; and(c)the transferring clinical establishment sends to the receiving Health care establishment or receiving Registered Medical Practitioner -(i)all medical records ( or copies thereof), relating to the screening and the emergency medical condition of the person, which are available at the time of such transfer, including records relating to the patient's medical condition, observation of signs or symptoms, preliminary diagnosis, treatment provided, results of any investigation and the informed written consent, if any, and(ii)a discharge certificate or a certificate of transfer that, based upon the information available at the time of transfer that the medical benefits reasonably expected from the provision of appropriate medical treatment at the receiving Health care establishment outweigh the increased risks, on account of the transfer, to the patient so far as the treatment of patients are concerned,(d)the transferring clinical establishment should provide necessary medical facilities including life support systems and qualified personnel within the capacity of the transferring clinical establishment or medical practitioner, to accompany the patient during the period covered by transport to the receiving Health care Establishment or receiving medical practitioner.(e)all such referral cases are being registered in the referral register as mentioned in sub-rule(6).
