Section 6 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
6. Manpower Norm.
(1)Under clause (b) of sub-section (2) of section 7 of the Act, the Clinical establishment shall provide such manpower which is reasonably adequate in number to render the services offered by that type of clinical establishment and to ensure that, the clinical establishment shall comply with the minimum number norms in respect of health service providers as specified in schedule II.(2)The licensee could be a non-medical person but every clinical establishment shall ensure that all healthcare related services are being rendered under the supervisory management of a registered medical practitioner round the clock.(3)To ensure the availability of staff as per norm, the clinical establishment shall generate and maintain the following registers as a part of mandatory record keeping:-(a)an up-to-date Staff Register containing particulars like names, designation, present and permanent addresses, qualification(s), date of engagement etc. and tenure of engagement of all staff of the clinical establishment, or and such particulars as may be notified; and(b)an up-to-date Attendance Register in which attendance of all staff of the clinical establishment are to be recorded with their signature daily.Provided that, the Licensing Authority may consider any bio-metric or electronic attendance system if he/she is satisfied with such arrangement at the time of inspection or enquiry.(4)(a)Notwithstanding anything contained in rule 16, no person, other than the person whose name and particulars is entered in the register under sub-rule (3) shall be allowed to provide healthcare services.(b)Any consultant whose name has not been entered in sub-rule (3) may be allowed to manage patients in the clinic provided that the patient has been admitted under a consultant as per sub- rule (3).(5)Subject to the provision of sub-rule (6), the clinical establishment may engage part-time staff depending upon the services offered by such type of clinical establishment:Provided that before any such engagement, the clinical establishment shall obtain a self-declaration in the form of affidavit from that service-provider related to her compliance of sub-rule (6), as the case may be, and shall submit a copy of the same along with the application.(6)Each service-provider shall be permitted to be engaged as a part-time staff with a certain numbers of clinical establishments within a district as per following norms:(a)in case of registered medical practitioner, such maximum numbers of clinical establishments are 2 (two); and(b)in case of nursing professional, such maximum numbers of clinical establishments are 2 (two); and(c)in case of paramedical professional, such maximum numbers of clinical establishments are 2 (two):Provided that, the State Government may relax such norms in exercising the power under section 8 of the Act.(7)The clinical establishment shall issue proper photo-identity badges under the signature of the licensee for the staff which shall be worn by the staff when she is in the premises.(8)No clinical establishment shall engage or empanel any person already engaged by the Government of West Bengal, or allow such person to render any healthcare service who is yet to obtain an express permission in the form of a 'No objection certificate' from the Government.Explanation. - Such 'No objection certificate' shall be issued in such manner, and in such form containing such particulars issued by the Director of Health Services or Director of Medical Education, as the case may be, or by any other subordinate officer authorized by Director of Health Services / Director of Medical Education.Explanation. - Person' means any service provider, or other staff engaged even as honorary or stipendiary basis or who are bound under bond-cum-agreement executed with or under Contract with the Government of West Bengal and shall include any House-staff, Internee or student.(9)The clinical establishment shall submit the copy of such No Objection Certificate (NOC) along with the application and shall display the detail information regarding Name, government designation, hours of availability at that clinical establishment of such person(s) or any such information as may be notified as a part of mandatory display under rule 22 and the Government may publish such information in the departmental website or any such public domain as may be notified.
