FAQ (Frequently Asked Questions)

For purpose of provisional registration there shall not be any inquiry or inspection prior to grant of registration. However the owner of clinical establishment is expected to fill in all data correctly & shall be responsible 14  for it. The person in charge shall be a medical person holding a qualification of a recognized system of medicine. 

Every provisional registration shall be valid to the last day of the twelfth month from the date of issue of the certificate of registration and such registration shall be renewable on annual basis. 

The application for renewal of registration shall be made to the authority within thirty days before the expiry of the validity of the certificate of provisional registration. In case the application for renewal is made after the expiry of the provisional registration, the authority shall allow renewal of registration on payment of such enhanced fees, as may be prescribed by State Government.

Permanent registration will commence after minimum standards are notified. Clinical establishments are given sufficient time as per guidelines of Act to prepare themselves to meet minimum standards. 

After commencement of permanent registration, provisional registration will NOT be granted or renewed beyond:  

•  Period of two years from the date of notification of the standards in case of clinical establishments which came into existence before the commencement of this Act
•  Period of two years from the date of notification of the standards in case of clinical establishments which came into existence after the 15  commencement of this Act but before the notification of the standards
•  Period of two years from the date of notification of the standards, which came into existence after standards have been notified. 

No one can run a clinical establishment without registration.

Yes, monetary penalty would be imposed. In case, a clinical establishment is being run without registration:  

•  First contravention - up to Ten thousand rupees
•  Second contravention – up to Fifty Thousand rupees  
•  Any subsequent contravention -may extend to five lakh rupees.
•  If a Clinical establishment fails to pay fines imposed it would be recovered as an arrear of land revenue. The clinical establishment may be shut down by district administration. All orders of Registering Authority would be appealable. 

Procedure for appeal is laid down in state rules and guidelines provided on procedure for appeals are as under

•  In keeping with Section 36, 41 (4) (5) (6) (7) and Section 42 (4) (5) (6) (7), any person or clinical establishment, if aggrieved by the decision of the Authority under Sections 29 and 34 of the Act, may file an appeal within thirty (30) days from the date of receipt of such order along with a fee as prescribed by the State Government.    
•  The appeal against a public healthcare establishment shall be filed in prescribed format and shall be sent to the state council by registered post or in person.  
•  Every appeal shall be accompanied by a fee.   
•   After receipt of the appeal, the State Council shall fix the time and date for hearing and inform the same to the appellant and others concerned by a registered letter giving at least 15 days time for hearing of the case.  
•  The appellant may represent by himself or authorized person or a Legal practitioner and submit the relevant documentary material if any in support of the appeal
•   The State Council shall hear all the concerned, receive the relevant oral/documentary evidence submitted by them, consider the appeal and communicate its decision preferably within 90 days from the date of filing the Appeal   If the State Council considers that an interim order is necessary in the matter, it may pass such order, pending final disposal of the appeal.  
•  The state council will have the authority to stay the operation of the order of the district authority till such time as it deems necessary.  
•  The decisions of State Council shall be final and binding.  
•  If no appeal is filed against the decision of the Registering Authority in the prescribed period (i.e.) within 30 days from the date of receipt of the order, the orders of the Authority shall be final.  
•  The appeal fees collected by the authorities shall be deposited by the Authority concerned in a Nationalized bank account opened in the name of the official designation of the State Council concerned and shall be utilized by the Council and authority for the activities connected with the implementation of the provisions of the Act as approved by the Council.

Yes

•  Provisional Registration is without any inquiry or inspection, on the basis of the information submitted by the establishment
•  Registration will also help isolate and identify the hundreds of thousands of quacks that are playing havoc with the lives of millions of people all over the country.
•  Once in place, the system of registration will help in improving the standards of healthcare establishments within a couple of years. It will also bring about some uniformity in the standards of care across the country.
•  Registration will help the Clinical Establishment become part of district, state and National registry and help government to collect necessary inventory for better healthcare management and allocation of infra structure, human resources, equipment’s ,logistics etc.
•  There will be enhanced trust of patients in the Clinical Establishments registered under the Act, which indirectly will augment their market value. 

• Patients will be provided improved quality of health care and patient safety will be ensured through compliance to Minimum standards, Standard Treatment Guidelines and preventing unqualified persons from running Clinical Establishments..
•  Better management of Emergency medical conditions
•  Details of charges, facilities available would be prominently displayed at a conspicuous place at each establishment so clinical establishments will not charge exorbitantly as is happening in many cases currently.
•  Patients are assured of proper healthcare by Clinical Establishment registered under the Act.