Chapter I PRELIMINARY

1. (1) This Act may be called the Kerala Clinical Establishments (Registration and Regulation) Act, 2018.
2. (2) It shall come into force on such date as the Government may, by notification appoint and different dates may be appointed for different recognized system of medicines.

In this Act, unless the context otherwise requires,—

1. (a) “Appellate Authority” means the Appellate Authority constituted under sub-section (1) of section 34;
2. (b) “Authority” means a District Registering Authority constituted under sub-section (1) of section 14;
3. (c) “clinical establishment” means,— Received the assent of the Governor on the 21st day of February, 2018 and published in the Kerala Gazette Extraordinary No. 434 dated 22nd February, 2018.
   • (i) a hospital, maternity home, nursing home, clinic, sanatorium or an institution, by whatever name called, that offers services, facilities with or without beds requiring treatment, diagnosis, or care for illness, injury, deformity, abnormality, dental care, pregnancy or infertility in any recognised system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not; or (ii)a place established as an independent entity or part of an establishment referred to in sub-clause (i), in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, chemical, biological investigation or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on, established and administered or maintained by any person or body of persons, whether incorporated or not, and shall include a clinical establishment owned, controlled or managed by,— a. the Government or a department of the Government; b. a trust, whether public or private; c. individual proprietorship or partnership firm; d. a corporation whether or not owned by the Government (including a co-operative society registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969) or a charitable society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (12 of 1955) or under the Societies Registration Act, 1860 (Central Act 21 of 1860); e. Local Self Government Institutions, but does not include the clinical establishments which provide only consultation services and the clinical establishments owned, controlled or managed by the Armed Forces. Explanation:—For the purposes of this clause,—
   • (i) “Armed Forces” means the forces constituted under the Army Act, 1950 (Central Act 46 of 1950), the Air Force Act, 1950 (Central Act 45 of 1950) and the Navy Act, 1957 (Central Act 62 of 1957);
   • (ii) “consultation services” means medical examination, prescribed types of diagnosis and accordingly to administer the medicines and also the first aid and observation;
4. (d) “Council” means the State Council for clinical establishments established under section 3;
5. (e) “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) of such a nature that the absence of immediate medical attention could reasonably be expected to result in,—
   • (i) placing the life of the individual or, with respect to a pregnant woman, the health of the woman or unborn child, in serious jeopardy; or
   • (ii) serious impairment to bodily functions; or
   • (iii) serious dysfunction of any organ or part of a body;
6. (f) “Government” means the Government of Kerala;
7. (g) “Local Self Government Institution” means a Panchayat at any level constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a Municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994);
8. (h) “notification” means a notification published in the Official Gazette; (i)“prescribed” means prescribed by rules made under this Act; (j)“recognised system of medicine” means Modern Medicine (including dentistry), Naturopathy, Ayurveda, Homoeopathy, Sidha and Unani systems of medicine or any other system of medicine recognised by the Government; 1[(k) “register” means the State register containing details of the registered clinical establishments, maintained and published by the Council under sub-section (1) of section 12 of the Act;]
9. (l) “registration” means the registration under section 16 and the expression registration or registered shall be construed accordingly;
10. (m) “standards” means the standards that may be prescribed by the Government under section 13 for the registration of clinical establishments;
11. (n) “to stabilize” with its grammatical variations and cognate expressions means, with respect to an emergency medical condition specified in clause (e), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a clinical establishment.