Chapter II THE STATE COUNCIL FOR CLINICAL ESTABLISHMENTS

(l) With effect from such date as the Government may, by notification, appoint in this behalf, there shall be established for the purposes of this Act, a Council to be called the State Council for Clinical Establishments. (2) The Council shall consist of the following members, namely:— (a) Secretary, Health and Family Welfare Department, ex-officio, who shall be the Chairperson; (b) Secretary, Ayush Department, ex-officio, who shall be the ViceChairperson; (c) Director of Health Services, ex-officio; (d) Director of Medical Education, ex-officio; (e) Director, Indian Systems of Medicine, ex-officio; (f) Director, Homoeopathy Department, ex-officio; (g) Director, Public Health Laboratory, ex-officio; (h) one representative each to be nominated by,— (i) the Council of Modern Medicine; (ii) the Council of Indigenous Medicine; (iii) the Council of Homoeopathy; constituted under the provisions of the 1[Kerala State Medical Practitioners Act, 2021 (Act 36 of 2021)]; (i)one representative each to be nominated by,— (i) the Kerala Dental Council constituted under section 21 of the Dentists Act, 1948 (Central Act 16 of 1948); (ii) the Kerala Nursing Council constituted under section 3 of the Nurses and Midwives Act, 1953 (10 of 1953); (j)Government nominees,— (i) one representative from welfare organisations of the patients in the State; (ii) an Officer not below the rank of Additional Law Secretary to Government, Law Department; (iii) an officer not below the rank of Additional Secretary to Government, Finance Department; (iv) one representative of Indian Medical Association of the Kerala Unit; (v) one representative of Ayurveda Medical Association of India of the Kerala Unit; (vi) one representative of Indian Dental Association of the Kerala Unit; (vii)one representative of the Association of Homoeopathy Doctors in Kerala; (viii) one representative of Medical Laboratory Owner’s Association in Kerala; (ix) one representative of the Association of Physiotherapists of Kerala; (k) Secretary of the Council.

1. (1) The Council shall carry out the following functions, namely:—
   • (a) determine, within a period of two years from the commencement of this Act, the first set of standards for ensuring proper healthcare by the clinical establishments;
   • (b) classify and categorise the clinical establishments and to recommend the Government to prescribe the standards for each category;
   • (c) compile and publish State Register of Clinical Establishments in such manner as may be prescribed;
   • (d) appoint panel of assessors for inspection and assessment of the clinical establishments in such manner as may be prescribed;
   • (e) conduct periodic inspection of clinical establishments for ensuring the standards to be maintained in such manner as may be prescribed;
   • (f) recommend to the Government any modification required in the rules in accordance with the changes in technology or social conditions;
   • (g) notify data and information which are to be mandatorily provided by clinical establishments including their periodicity; analyse the data and make results available in the public domain in such manner as may be prescribed;
   • (h) send periodic returns for updating the National Register as required by the Central Government or the National Council constituted under the Clinical Establishments (Registration and Regulation) Act, 2010 (Central Act 23 of 2010);
     • (i) direct the cancellation of registration of such clinical establishments where there is imminent danger to public health and the health and safety of patients and staff; and
   • (j) perform such other functions as may be assigned to it by the Government from time to time.
2. (2) The Council shall recommend to the Government to prescribe the registration and other fees, as it deems fit from time to time.
3. (3) Any dispute as to whether an establishment is a clinical establishment or not shall be referred to the State Council and the State Council, after giving the interested parties a reasonable opportunity to adduce evidence and of being heard, decide such disputes.

1. (1) The Government shall appoint an officer not below the rank of Deputy Director of Health Department to be the Secretary of the Council.
2. (2) The Council may, with the permission of the Government, employ such employees as are necessary for its proper functioning.

1. (1) The Council may associate itself with any person or body and obtain technical assistance or advice as it may deem necessary for carrying out the provisions of this Act. (2)The Council may appoint such sub-committees as it deems fit, with members or persons who are not members of the Council, for such period, not exceeding two years, for the consideration of any particular matter under this Act or such other matter as may be prescribed.

The Council shall follow

a consultative and transparent process, including public hearing in such places as may be determined by the Council, with adequate notice for making suggestions for altering the mandatory standards and classification of clinical establishments and any other matter under the provisions of this Act and the rules.

The Council shall have an Executive

Committee consisting of the following members, namely:—

1. (i) Secretary, Health and Family Welfare Department, who shall be the Chairperson;
2. (ii) Secretary, Ayush Department, who shall be the Vice-Chairperson;
3. (iii) Director of Health Services;
4. (iv) Director of Medical Education;
5. (v) Director of Indian Systems of Medicine;
6. (vi) Director of Homoeopathy Department;
7. (vii) Director of Public Health Laboratory;
8. (viii) one representative of the welfare organisation of patients, nominated by the Government; and
9. (ix) Secretary of the Council, who shall be the Convenor.

The Executive

Vacancy etc. not to invalidate the proceedings of the Council.—No

act or proceedings of the Council shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Council.

The quorum and the procedure

for the conduct of business to be transacted in the meetings of the Council shall be such as may be prescribed.