The Rajasthan Right to Health Act, 2022

1. (1) This Act may be called the Rajasthan Right to Health Act, 2022.
2. (2) It shall extend to the whole of the State of Rajasthan.
3. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-

1. (a) “accidental emergency” means any unforeseen, unexpected or unintentional occurrence of an event which results in the risk of death or injury to any person and includes road, rail, water or air accident;
2. (b) “bioterrorism” means the international use of any microorganism, virus, infectious substance (including toxins), or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product to causes, death, disease or other biological malfunction in a human, an animal, a plant, or another living organism;
3. (c) “clinical establishment” means establishments defined as a clinical establishment under clause
4. (c) of section 2 of the Clinical Establishment (Registration and Regulation) Act, 2010 (Central Act No. 23 of 2010);
5. (d) “designated health care centres” means health care centres as prescribed in the rules;
6. (e) “emergency” means accidental emergency, emergency due to snake bite/animal bite and any other emergency decided by State Health Authority;
7. (f) “emergency care” means any reasonable measure to render first- aid, advise or assistance to an injured person of an accident or incident of crime or any other emergency;
8. (g) “emergency obstetric care” means to treat (and therefore save the life of) a woman experiencing a complication of pregnancy or childbirth;
9. (h) “epidemic” means occurrence of cases of disease in excess of what is usually expected for a given period of time and includes any reference to “disease outbreak” [never the less

1. (1) Residents and patients shall have the responsibilities and duties towards healthcare establishments and healthcare workers as adopted by the National Human Rights Commission in the prescribed manner and as specified in the rules.
2. (2) Health care providers and establishments will have rights and responsibilities vis-à-vis patients in the prescribed manner as specified in the rules.

The Government shall have the following general obligations, by enhancing the quantum of the resources in time bound realization of health and well-being of every resident in the State:-

1. (a) to formulate and prescribe a model of public health known as “Rajasthan Model of Public Health”;
2. (b) to make appropriate provision in the State budget;
3. (c) to develop and institutionalize Human Resource Policy for Health to ensure availability and equitable distribution of doctors, nurses and other ancillary health professionals and workers at all levels of healthcare as may be prescribed;
4. (d) to set up the quality audit and grievance redressal mechanisms as may be prescribed;
5. (e) to align all health services and schemes to strengthen a system of health services to empower and make residents aware for preventive, promotive and protective health care, not merely an absence of disease;
6. (f) to lay down standards for quality and safety of all levels of health care as may be prescribed;
7. (g) to make availability of Government funded healthcare services as per distance or geographical area or considering population density which includes health care institutions, free medicine, test and diagnostics of notified items and ambulance services as per standards as may be prescribed;
8. (h) to ensure that there is no any direct or indirect denial to anyone for any government funded health care services at such Public Health Care Institutions and designated health care establishment and such guaranteed services as may be prescribed;
   • (i) to mobilize resources and frame plans or policies to carry out obligations under this Act;
9. (j) to set up co-ordination mechanisms among the relevant government departments to facilitate nutritionally adequate and safe food, adequate supply of safe drinking water and sanitation;
10. (k) to institute effective measures to prevent, treat and control epidemics and other public health emergencies; and
11. (l) to take appropriate measures to inform, educate and empower people about health issues.

1. (1) The Government shall, by notification in the Official Gazette, constitute two independent bodies known as the State Health Authority for logistical grievances and State Health Authority for treatment protocols.
   • (i) State Health Authority for logistical grievances- State Health Authority for logistical grievances consisting of the following members, namely:-
   • (a) An Officer of Indian Administrative Service, not below the rank of Secretary to be appointed by the State Government - Ex-officio Chairperson;
   • (b) Vice- Chancellor of RUHS, Jaipur - Ex-officio Member;
   • (c) Joint Secretary, Medical and Health - Ex-officio Member-Secretary;
   • (d) Director, Medical and Health - Ex-officio Member;
   • (e) Commissioner, Medical Education - Ex-officio Member;
   • (f) Principal, SMS Medical College, Jaipur - Ex-officio Member;
   • (g) A nominee of Ayush Department from Director Ayurveda, Homoeopathy, Unani on rotation basis - Ex-officio Member;
   • (h) Two Members, nominated from Indian Medical Association Rajasthan State - Member.
     • (ii) State Health Authority for Treatment Protocol- State Health Authority for Treatment Protocol consisting of the following members, namely:-
   • (a) Vice Chancellor of RUHS, Jaipur - Ex-officio Chairperson;
   • (b) Joint Secretary, Medical and Health - Ex-officio Member-Secretary;
   • (c) Principal, SMS Medical College, Jaipur - Ex-officio Member;
   • (d) Member nominated by State Government from Principals of any other Medical Colleges - Ex-officio Member;
   • (e) A nominee of AYUSH Department from Director Ayurveda, Homoeopathy, Unani on rotation basis - Ex-officio Member;
   • (f) Two Members, nominated from Indian Medical Association Rajasthan State - Member.

1. (1) The State Health Authority for logistical grievances shall carry out the following functions:-
   • (a) to advise Government regarding any matter concerning public health, including preventive, promotive, curative, and rehabilitative aspects of health and occupational, environmental, and socio-economic determinants of health;
   • (b) state health goals and get these included in the mandate of Panchayati Raj Institutions and urban local bodies;
   • (c) to advise Government regarding state level strategic plans for implementation of Right to Health as provided under this Act, including action on the determinants of healthy food, water and sanitation;
   • (d) to advise Government regarding a comprehensive written State Public Health Policy for prevention, tracking, mitigation, and control of a public health emergency as well as situations of outbreak or potential outbreak in the State;
   • (e) to monitor the preparedness of the State for management of public health emergencies;
   • (f) to develop mechanisms and systems for regular medical, clinical, and social audits for good quality of health care at all levels;
   • (g) to constitute one or more committees/scientific panels/technical panels for the efficient discharge of its functions as and when required;
   • (h) to hear all appeal against decision of District Health Authority related to logistical grievances;
     • (i) to ensure quality and cost effective health and diagnostic services by health sector; and
   • (j) to carry out other functions as may be prescribed.
2. (2) The State Health Authority for Treatment Protocol shall carry out the following functions:-
   • (a) to advise the Government on any matter concerning public health, including preventive, promotive, curative, and rehabilitative aspects of health and occupational, environmental, and socio-economic determinants of health;
   • (b) to develop mechanisms and systems for regular medical, clinical, and social audits for good quality of health care at all levels;
   • (c) to constitute one or more committees/scientific panels/technical panels for the efficient discharge of its functions as and when required;
   • (d) to hear all appeal against decision of District Health Authority for Treatment Protocol;
   • (e) to ensure quality and cost effective health and diagnostic services by health sector; and
   • (f) to carry out other functions as may be prescribed.

1. (1) The State Health Authority shall meet at least once in six months, by giving such reasonable advance notice to its members and shall observe such rules of procedure regarding the transaction of business at its meetings as may be prescribed by rules made under this Act: Provided that if, in the opinion of the Chairperson, any business of an urgent nature is to be transacted, he may convene a meeting of the Authority at such time as he thinks fit.
2. (2) The meetings of the Authority and the mode of transaction of business at such meetings, including quorum etc., shall be governed by such regulations as may be prescribed rules made under this Act.

1. (1) The Government shall constitute an independent body as District Health Authority, within one month from the date of constitution of State Health Authorities.
2. (2) The District Health Authority shall consist of the following members, namely:-
   • (a) The District Collector - Ex-Officio Chairperson;
   • (b) Chief Executive Officer, Zila Parishad (IAS/RAS) - Ex-Officio Co-Chairperson;
   • (c) Principal of Medical college or his nominee not below the rank of Sr. Professor - Ex-Officio Member - Secretary;
   • (d) Deputy Chief Medical and Health Officer - Ex-Officio Member-Secretary;
   • (e) District Ayurveda Officer - Ex-Officio Member;
   • (f) Two Members, nominated from Indian Medical Association, Rajasthan State - Member. [g] Pramukh, Zila Parishad of the District - [Member;] [(h) Three Pradhans of the Panchayat Samitis in rotation, as may be prescribed] - [Members.]
3. (3) The appointment of each member of the District Health Authority, except the ex-officio appointees, shall be for three years.
4. (4) The District Health Authority shall meet at least once in a month.
5. (5) The terms and conditions of services including allowances of members as mentioned in clause
   • (f) of sub-section
6. (1) shall be such as may be prescribed.

The District Health Authority shall carry out the following functions:-

1. (a) to ensure implementation of the policies, recommendations, and directions of State Health Authority;
2. (b) to formulate and implement strategies and plans of action for the determinants of health, especially food, water, sanitation, and environment;
3. (c) to formulate a comprehensive written plan for prevention, tracking, mitigation, and control of a “public health emergency”, as well as situations of “outbreak” or “potential outbreak” in the district based on State Plan;
4. (d) to coordinate with the relevant government departments and agencies to ensure availability and access to adequate and safe food, water and sanitation throughout the district;
5. (e) to organize hearing of the beneficiaries coming to the hospital once in three months with a view to improve the health care services;
6. (f) to involve the communities as active co-facilitators articulating their needs, helping in identification of key indicators and creation of tools for monitoring, providing feedback as well as validating the data collected by these methods;
7. (g) to investigate and decide the complaints received by it under section 11; and
8. (h) to carry out such other functions as may be prescribed.

1. (1) The Government shall prescribe Grievances Redressal Mechanism for health care establishment, health care provider and residents, within six months from the date of commencement of this Act.
2. (2) The rules prescribed under sub-section
3. (1) shall include the following

Any person aggrieved by an order of the District Health Authority passed under the provisions of this Act may file an appeal in the prescribed manner to the State Health Authority within 30 days from the date of the order.

Any person who knowingly contravenes any provision of this Act or any Rule made thereunder shall be punishable with a fine up-to rupees ten thousand for the first contravention, and up-to rupees twenty-five thousand for the subsequent contraventions.

No suit, prosecution or other legal proceeding shall lie against the State Government or the Chairpersons or members of the State Health Authority and District Health Authority or any members or officers of the committee appointed by the said authorities or any other employee or officer acting under the direction of the said Authorities, for anything which is in good faith done or intended to be done under this Act or the rule made thereunder.

The Authorities may, with the previous approval of the Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules for carrying out the purposes of this Act.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be after it is so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or of the sessions immediately following, the House of the State Legislature makes any modification in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature.

Any rules, regulations, guidelines or orders made or issued in respect of providing any health care facilities, whether free or otherwise, to the residents of the State shall be deemed to have been made or issued under this Act and shall remain in force until they are repealed, modified or replaced in exercise of the powers conferred under this Act.