Section 38(1) in The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017
(1)The Commission shall-(i)monitor the functioning of clinical establishments;(ii)regulate and supervise functions of clinical establishments as prescribed;(iii)examine and consider complaints, filed manually or electronically through an online system in matters related to patient care service, deviations from declared fees and charges, refusal of supply of copy of medical records and allied matters, alleged irrational and unethical trade practice alleged before the Commission by aggrieved patient parties against clinical establishments and after isue of notice and hearing both parties, adjudicate, compensate and pass such other orders, as deemed appropriate:Provided that any complaint of medical negligence against medical professionals will be dealt with by respective State Medical Councils:Provided further that the Commission for the purpose of adjudicating disputes and appeal under this Act, shall have a quorum of the Chairperson and not less than two other members;(iv)make regulations with regard to fixing of rates or charges for indoor patient department and outdoor patient department treatment including diagnostics and also to ensure compliance with fixed rates and charges by clinical establishments;(v)enforce transparency in dealing with patients by the clinical establishments;(vi)tender advice and make suggestions regarding measures to be adopted under this Act, for improving patient care services and redressal of grievances;(vii)undertake planned or surprise inspections to examine and ascertain strict compliance by clinical establishments with provisions of this Act;(viii)hear appeals arising from orders and decisions passed by the Adjudicating Authority in the Districts;(ix)have the powers to award such compensation as deemed appropriate not exceeding fifty lakh rupees, including interim compensation;(x)ensure that only properly trained medical and para-medical personnel like doctors, nurses, technicians, pharmacists are employed by the clinical establishment.
