Section 2 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
2. Definition.
(a)In these rules, unless there is anything repugnant in the subject or context -(1)"the Act" means the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017;(2)"applicant" means a person who has made an application under rule 34;(3)"appropriate receipt head" means the Head -"0210-01-800-other receipts-001-Collection from Miscellaneous service fees-14-Services fees" under the Act or GRIPS;(4)"appropriate refund head" means the Head -"0210-01-800-other receipts-001-Collection from Miscellaneous service fees-20-Refund" under the Act;(5)"allied-medical Professional" means a service provider as defined under rule 7;(6)"care" means measures taken by a care provider or that are taken by a care provider in order to determine a service recipient's state of health or to restore or maintain it;(7)"day care centre" means clinical establishment as defined under rule 12;(8)"Department" means the Department of Health and Family Welfare of the Government of West Bengal, if not mentioned otherwise;(9)"West Bengal Clinical Establishment Regulatory Commission" (hereinafter referred as the Commission), means a body constituted by the State Government as described in section 36 of the Act;.(10)"District Registrar" means the licensing authority who shall be in-charge of generation, maintenance and safekeeping of the district register;(11)"homoeopathy" means a system of Medicine as may be defined under the West Bengal Homeopathic System of Medicine Act, (West Bengal Act No XXXIII of 1963 or Act of similar kind;(12)"informed consent" means consent given by a person for a proposed specific intervention, without any force, undue influence, fraud, threat, mistake or misrepresentation, and obtained after disclosing to such person the adequate information including risks and benefits of, and alternatives to, the proposed intervention in a language and manner understood by such person with no binding to consent after being informed;(13)"local authority" means (i) the Municipal Corporation, or Municipal Council of the concerned municipal area; (ii) the Notified Area Authority in notified area; (iii) the Gram Panchayet of the concerned rural area; (iv) any such authority as may be notified; or (v) Industrial Township Authority in industrial township area;(14)"medically necessary" means a service or healthcare intervention that is scientific and appropriate and with diagnosis and consistent with the accepted standard treatment protocol, standard operating procedures or any other standards of medical practice, which could not be omitted without adversely affecting the patient's conditions;(15)"medical record" means any digital record, paper, film, print out, slide, solution or medium, or any documentation of services performed at the direction of a service provider as a part of treatment plan which can be deciphered or used to indicate and diagnose condition of the human body or a part of it or any material taken out of it and the course of treatment including nursing care administered to, or undergone by, the person;(16)"near relative" means any of the following relatives of the patient namely, a wife, husband, parent, son, daughter, brother and sister and includes any other person who is related to the patient;(17)"paramedical professional" means a service provider as defined under rule 7;(18)"patient" means a service recipient who has been registered by the patient registration system of that clinical establishment and shall include any child born to a patient and is entitled to enjoy all the rights, responsibilities and obligation of being a patient;(19)"polyclinic" means a medical clinic having more than one Registered Medical Practitioner either of the same specialty/ system of medicine or of different specialty/ system of medicine excluding dentistry;(20)"primary consultant" means a registered Medical Practitioner as defined under rule 11;(21)"qualified Nursing staff or paramedical or allied-medical staff" means any such professional who possesses a degree, diploma or certificate in respective course of at least two years duration, conferred by any University established by law or any other institution recognized by the Department in this behalf;(22)"schedule" means a Schedule appended to these rules;(23)"section" means a section of the Act unless mentioned otherwise;(24)"service" means health care related services and non-health care related services including but not limited to ambulance service, therapeutic service, diagnostic services, in-patient or out-patient and emergency services, dietary services, palliative care services, and rehabilitative care services;(25)"solo clinic" means a medical clinic having only one Registered medical practitioner practicing any one of the recognized systems of medicine excluding dentistry;(26)"Staff" or "employee" means a person working in or employed by a clinical establishment and includes those working on part-time, contractual, consultancy, honorary or on any other basis;(27)"State Prescribing Authority for Medical Education Training and Research" means authority appointed under rule 26;(28)"supervisory authority" means authority appointed under rule 36;(29)"telemedicine" means the practice of medicine using audio, visual and data communications;(30)"Unani" means a system of medicine as may be defined under the Paschim Banga Unani System of Medicine Act, 1979 (West Bengal Act XLV of 1979) or Act of similar kind;(31)"University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution declared to be a deemed University under section 3 of the said Act;(32)"Yoga and Naturopathy" means a system of medicine as may be defined under section 2 of the West Bengal Yoga and Naturopathic System of Medicine Act, 2010 (West Bengal Act VI of 2010) or Act of similar kind.(b)Words and expressions used and not defined in these rules, but defined in the Act, shall have the same meaning as respectively assigned to them in the Act.
