 bill no 338 of  2015 the  clinical establishments (registration and regulation) amendment bill, 2015 byshri ap jithender reddy, mpa billto amend the clinical establishments (registration and regulation) act, 2010be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the clinical establishments (registration and regulation)amendment act, 2015short title and commencement5 (2) it shall come into force on such date  as the central government may, by notification in the official gazette, appoint23 of 2010amendment of section 22 in the clinical establishments (registration and regulation) act, 2010 (hereinafter referred to as the principal act), in section 2,—(i) after clause (d), the following clause shall be inserted, namely:—10"(da) "injured person" means any individual in need of medical examination and treatment as a result of an emergency medical condition;"; and (ii) after clause (o), the following clause shall be inserted, namely:—5"(p) "transfer" means, with respect to stabilizing an individual, the movement, including discharge of an injured person from a clinical establishment at the direction and assistance of any person employed by, or affiliated or associated, directly or indirectly, with such clinical establishment, but does not include such a movement of an individual who—(a) has been declared dead, or (b) leaves such clinical establishment without the permission of management of the clinical establishment"10amendment of section 123 in section 12 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—15"(2) the clinical establishment shall be required to provide within the staff and facilities available, without any delay or denial in treatment as a result of any delay in furnishing medical costs and expenses by any individual requiring treatment, such immediate medical examination and treatment as it considers necessary in order to improve the emergency medical condition of any such injured person who comes or is brought to such clinical establishment:20provided that where a clinical establishment is unable to provide necessary medical treatment to an injured person due to non-availability of requisite staff or facility, such clinical establishment shall provide the best available treatment or undertake such measures within its capacity which minimizes the risks to the health of an injured person, in order to stabilize him, before any transfer is issued to the nearest clinical establishment where such appropriate facilities and staff is available" 4  after section 40 of the principal act, the following section shall be inserted, namely:—insertion of new section 40a25"40a (1) notwithstanding any action that may arise under section 32, if any clinical establishment does not comply with condition for registration prescribed under section 12, such clinical establishment shall be liable with a fine which may extending to five lakh rupeespenalty for noncompliance of condition for registration by clinical establishments30(2) for the purpose of adjudging under sub-section (1), the authority shall hold an inquiry in the prescribed manner after giving the person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty35(3) while holding an inquiry, the authority shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provision specified in sub-section (1), it may by order impose the monetary penalty specified in that sub-section to be deposited within thirty days of the order in the account specified under sub-section (8) of section 4240(4) while determinig the quantum of monetary penalty, the authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the establishment is situated(5) any person aggrieved by the decision of the authority may prefer an appeal to the state council within a period of three months from the date of the said decision(6) the manner of filing the appeal referred to in sub-section (5), shall be such as may be prescribed"amendment of section 4255 in section 42 of the principal act, in sub-section (8), for the words and figures"sections 41 and 42", the words, figures and letters "sections 40a, 41 and 42" shall be substituted statement  of  objects  and  reasonsin india, the basic standard of care that is required of healthcare institutions for providing emergency treatment is alarmingly lowinjured patients in need of immediate medical treatment are denied life-saving treatment at the most critical hour due to delay in payment of medical costs and expenses, and what makes matters worse is the fact that there is not even a standardized protocol for interhospital transfer of such patientsthe unregulated practice of transferring uninsured patients without first providing them immediate minimum care or basic treatment seriously risks the health and well-being of helpless citizensin view of the above, the bill seeks to amend the clinical establishment (registration and regulation) act, 2010 with a view to—(i) define who an injured person is; (ii) define what constitutes a transfer, while dealing with the stabilization of a patient;(iii) raise the standard of care being provided by a clinical establishment, including the basic requirements for a transfer in any emergency medical condition; and(iv) provide for punishment for non-compliance of the conditions for registration by clinical establishments hence this billnew delhi;ap  jithender reddynovember 13, 2015 annexure extract from the  clinical establishments (registration and regulation) act, 2010 (23 of 2010)     12 (1)     condition for registration(2) the clinical establishments shall undertake to provide within the staff and facilities available, such medical examination and treatment as may be required to stabilize the emergency medical conditions of any individual who comes or is brought to such clinical establishments      42 (1)     disobedience of direction, obstruction and refusal of information(8) the monetary penalty levied under section 41 and 42 shall be credited to such account as the state government may by order specify in this behalf       lok  sabha———— a billto amend the clinical establishments (registration and regulation) act, 2010————(shri ap jithender reddy, mp)gmgipmrnd—3022ls(s3)—10-12-2015