Section 26 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
26. Education, Research, Training and Public Health.
(1)No clinical establishment shall conduct any training or educational course or any other capacity building programme to confer, grant or issue any such degree, diploma, license, or any such certificate of qualification shall conduct any biomedical research without obtaining prior approval in the form of a 'no objection certificate' from the State Prescribing Authority in respect thereof:Provided that, the clinical establishment may conduct any in-service training or educational programme or any other capacity building programme for upgradation of knowledge and skill of its staff; especially in case(s) of introduction of new service(s), technique(s) or equipment by that clinical establishment.Explanation. 'certificate of qualification' means any certificate stating or implying that the holder, grantee or recipient thereof is qualified to provide any kind of professional service(2)To obtain such 'no objection certificate' as mentioned under sub-rule (1), the clinical establishment shall submit such application to the State Prescribing Authority containing such particulars accompanied by such supporting documents and such fee as may be notified.(3)The State Government may, by notification, designate the Director of Medical Education (by whatever name called) or any other officer subordinate to him as the State Prescribing Authority for Medical Education Training and Research and may lay down the principles and procedure of approval under sub-rule (1).(4)Subject to fulfillment of such terms and conditions, after conducting any inspection and/or enquiry in such a manner deemed fit, the State Prescribing Authority, if satisfied may either refuse such application by issuance of a written order thereof or grant such application by issuance of a 'No Objection Certificate' in such form containing such particulars as may be notified.(5)For the purpose of issuance of such No Objection Certificate (NOC) as mentioned in sub-rule (4), the State Prescribing Authority shall maintain such register in such in such form containing such particulars in such manner as may be notified.(6)Under clause (l) of sub-section (3) of section 7 of the Act, the clinical establishment shall actively participate in the implementation of all National and State public Health programmes including Immunization programme, National Program for Control of Blindness (NPCB), National Vector Born Disease Control Program (NVBDCP), Reproductive Child Health (RCH) etc. and implementation of various public health laws in such manner as may be notified by the State Government from time to time and shall follow the Standard diagnostic or therapeutic guidelines and protocols specified under those programmes.(7)As a part of mandatory reporting under rule 23, the clinical establishment shall generate and maintain such reports related to the public Health programmes mentioned under sub-rule (6) in such format containing such particular and submit such reports at such intervals to the licensing authority or any such authority as may be notified.(8)The clinical establishment shall encourage and motivate all the service-provider for active participation in such public health programmes and organize such capacity building programme for them with or without reasonable assistance provided by the department from time to time, about the recent development in public health programme including recent changes of Standard diagnostic or therapeutic protocol.(9)As soon as it comes to its notice, that any person, received or accommodated in the clinical establishment, is suffering from or has been suffering with any infectious diseases, or other dangerous diseases or any such condition of public health importance known as Notifiable Diseases and Conditions as may be notified under clause (1) of sub-section (3) of section of the Act, that clinical establishment shall take such appropriate measures to protect the public health.Explanation. - 'condition of public health importance' means a disease, syndrome, symptoms, injury, or other threat to health that is identifiable on an individual or community level and that can reasonably be expected to lead to adverse health effect in the community.(10)The clinical establishment shall generate and submit a report regarding occurrence of such diseases as a part of mandatory reporting under rule 23 to such appropriate authority in such manner and generate and maintain a register thereof in such form containing such particulars as may be notified.(11)The clinical establishment shall actively participate in management of any disaster, man-made or natural, and or any public health emergency/exigency, and shall co-operate and provide such reasonable assistance and Medical aid as may be considered essential in course of disaster management by the Licensing authority.Explanation. "public health emergency" means an occurrence or imminent threat, including owing to degraded environmental conditions, of an illness or health condition that:(a)poses a high probability of any of the following harms: (i) a large number of deaths or illness in the affected population; (ii) a large number of serious or long-term disabilities in the affected population, including teratogenic effects, or; (iii) widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population; and(b)can be caused by any of the following: (i) the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin, or; (ii) any disaster, including major accidents.(12)Notwithstanding anything contained in rule 5, the clinical establishment or any service-provider attached to it may render service at a medical camp organized in the interest of public health only after obtaining expressed permission in the form of a camp-license from the respective licensing authority.Explanation 1. 'Medical camp' means a transient or interim gathering of service-recipient in a shelter or enclosure on a site other than the place registered under this rule. The shelter or enclosure may be of portable nature that is not permanently attached to the ground.Explanation 2. 'camp organized for the interest of public health' shall include medical relief camps organized to provide medical care during public health emergencies; or outreach camps to provide medical care to the community living in 'hard-to-reach' areas/vulnerable areas; or any mass screening camp to detect/determine any disease/disability/condition of public health importance; or any such camps but shall not include camps to generate public awareness or to impart health education only without any provision for medical care; or blood donation camp; or any such camps as may be notified.(13)To get such a camp-license, an application containing such particulars is to be submitted to the licensing authority in such a manner accompanied by such documents and fees as may be notified.(14)Subject to fulfillment of such terms and conditions, after conducting any inspection and/or enquiry in such a manner deems fit, the licensing authority, if satisfied, may either refuse such application by issuance of a written order thereof or grant such application by issuance of a camp-license in such form containing such particulars as may be notified.(15)For the purpose of issuance of such camp-license as mentioned in sub-rule (12), the licensing authority shall maintain such register in such in such form containing such particulars in such manner as may be notified.(16)Before refusing any application as mentioned in sub-rule (2) and (13), the clinical establishment shall be given an opportunity of being heard and any clinical establishment aggrieved by such order of refusal may prefer an appeal to the Appellate Authority in such a manner as mentioned under rule 41.
