Seal All Clinical Establishments Violating Rules: Uttarakhand High Court To Govt

NAINITAL, 24 AUG 2018: In a landmark order, Uttarakhand high court directed the state government to seal all the clinical establishements which are not registered under the Clinical Establishments (Registration and Regulation) Act, 2010.

The division bench of acting chief justice Rajiv Sharma and justice Manoj Kumar Tiwari stating in the order that it is better to have no law than not to enforce it remarked that the state government has not enforced the provisions of the Act and the Rules called the Uttarakhand Clinical Establishments (Registration and Regulation) Rules, 2013.

"The State Government cannot be permitted to keep the enforcement of the Act at abeyance," said the court in the order.

The order was passed on August 14, 2018 while hearing a public interest litigation alleging violation of various rules including performing of surgeries by unqualified people masquerading as surgeons in various hospitals in Udham Singh Nagar district but the certified copy was released on Friday.

The bench expressing it's shock over operations being performed by the doctors who are not holding any prescribed medical degree remarked that the surgeries can only be performed by the duly qualified surgeon.

"The surgery is very serious procedure and it can be performed only by duly qualified surgeon. In a hospital, in which, there was no surgeon, ten patients were found to be admitted for surgery," remarked the court.

The bench directed the state government to ensure that all the clinical establishments registered under the Act, 2010 follow the Operational Guidelines for Clinical Establishments Act as well as Clinical Establishment Act Standard for Hospital (Level 1A & 1B).

Commenting that the patients in the private hospitals should not be overcharged, that they should get the medicines at the lowest rates, diagnostic tests and other tests shall be reasonable and not exorbitant, the court ordered all the clinical establishments throughout the state to not unnecessarily ask diagnostic tests.

"Only necessary diagnostic tests are ordered to be undertaken to access the clinical condition of the patient," the court ordered.

The court, keeping in mind welfare of patients of the state also directed that all the doctors throughout the state including government doctors and doctors serving in clinical establishments are to prescribe only generic medicines which are readily available and no patient shall be forced to buy branded medicines.

The HC further directed the state government to prescribe the rates for various diagnostic tests or procedures or surgeries or treatments extended by clinical establishments, within one month and that the outer wall of the Intensive Care Unit (one of its side) "shall be fitted with transparent glass, closed with cloth curtains to enable the attendants of the patient to see the patient".

"The attendants of the patient shall be informed about the health/condition of the patient after every 12 hours and the same is ordered to be videographed", said the court order. The Times Of India