Chapter II REGISTRATION AND STANDARDS FOR CLINICAL ESTABLISHMENTS

3.

1. (1) The State Government shall, by notification in the Official Gazette, constitute a State Council for clinical establishments.
2. (2) The State Council shall consist of the following members, namely:,
   • (a) Minister of Health and Family Welfare, ex-officio, who shall be the Chairperson;
   • (b) Additional Chief Secretary/Principal Secretary/Secretary, Health and Family Welfare Department, ex-officio, who shall be the Member-Secretary;
   • (c) Commissioner of Health Services and Medical Education, ex-officio Member;
   • (d) Additional Secretary/Joint Secretary/Deputy Secretary, Medical Services-ex-officio, Member;
   • (e) Additional Director, Medical Services-ex-officio, Member;
   • (f) Directors/ Additional Directors of different streams of Indian Systems of Medicine, ex-officio Members;
   • (g) one representative of the Gujarat Medical Council;
   • (h) one representative of the Gujarat Nursing Council;
     • (i) two representatives of the Council working in State medical field, nominated by the State Government;
   • (j) four Members of Parliament/Members of Legislative Assembly-who shall be the Doctor by profession.
3. (3) The State Council shall perform the following functions, namely:,
   • (a) to determine the standards of Clinical Establishments and to specify the rights of patient;
   • (b) implementation of this Act in the State;
   • (c) compiling and updating the State Registers of clinical establishment;
   • (d) representing the State in the National Council;
   • (e) hearing of appeals against the orders of the Authority; and
   • (f) publication on annual basis a report of implementation of standards.

4. It shall be the responsibility of the State Council to compile and update the State Register of clinical establishments of the State and further to send monthly returns in digital format for updating the National Register.

5.

1. (1) The State Government shall, by notification in the Official Gazette, constitute an Authority to be called the District Registering Authority for each district for registration of clinical establishments, with the following members, namely:,
   • (a) the District Collector, ex-officio Chairperson;
   • (b) the Chief District Medical Officer /Associate Civil Surgeon/Medical Superintendent, Member -Secretary;
   • (c) Chief District Health Officer of the concerned District;
   • (d) Representative of the Grant-in-Aid Organisation which runs a Hospital in the concerned District (if any);
   • (e) the expert in the concerned subject-nominated by the District Collector (if required);
   • (f) one representative of the local Medical Association (if any) -nominated by the District Collector;
   • (g) one Dean of the Medical Faculty of the University having jurisdiction in the concerned District;
   • (h) four representatives concerned with the Ayush, Physiotherapy, Dental and Homeopathy- nominated by the District Collector;
     • (i) Local Member of Parliament/Member of Legislative Assembly-if he is a Doctor (in Allopathic or Ayurveda) by profession.
2. (2) Notwithstanding anything contained in sub-section (1), for the purposes of provisional registration of clinical establishments under section 9 and 19, the District Health Officer or the Chief Medical Officer, as the case may be, shall exercise the powers of the Authority as per the procedure as may be prescribed.

6.

Conditions for registration 7.

1. (1) For registration and continuation, every clinical establishment shall fulfill the following conditions, namely:,
   • (i) the standards of facilities and services as may be prescribed;
   • (ii) the requirement of personnel as may be prescribed;
   • (iii) provisions for maintenance of records and reporting as may be prescribed;
   • (iv) such other conditions as may be prescribed.
2. (2) The clinical establishment shall undertake to provide within the staff and facilities available, such medical examination and treatment as may be required to stabilise the emergency medical condition of any individual who comes or is brought to such clinical establishment.

8.

1. (1) The clinical establishment of different systems shall be classified into such categories, as may be prescribed by the State Government, from time to time.
2. (2) The different standards may be prescribed for classification of different categories referred to in sub-section (1): Provided that in prescribing the standards for clinical establishments, the State Government shall have regard to the local conditions.