Nongozo Rikha,
A PRO A DIPR feature
Nagaland Health Care Establishment Act, 1997 was enacted to regulate the setting up of private hospitals, nursing homes and other such centres including the ones run by the voluntary organizations categoring to diagnostic, investigative, operative, treatment and other health care services in the state. It applies to all nursing homes, clinics, voluntary organizations other than the establishments set up by the central government or the government of any state.
1. Meaning of the term Health Care Establishment:- Under section 3:- The term Health Care Establishment include; (a) A General Hospital, a Maternity Hospital, a nursing home or a clinic. (b) Any institution or centre where physical or mentally sick, injured or infirm persons are admitted either as in-patients or out-patients for treatment with or without the aid of operative procedures; and (c) A clinic where patients are admitted for examination and treatment with or without the aid of operative procedures; it shall also mean a centre catering the radiological, biological and other diagnostic or investigative service with the aid of laboratory or other medical equipments. 2. Terms and conditions for granting license:- Under section 8(i):- Every License granted shall be subject to the following terms and conditions: (a) That adequate measures shall be taken to keep the Health Care Establishment in perfectly hygienic and sanitary conditions; (b) That adequate measures shall be taken to dispose off the garbage and waste such as dressing materials, syringes and needles etc. (c) That no doctors, nurses or any paramedics or any other employees in the employment of the state government shall be employed in such Health Care Establishments. Under Section 8(ii):- The authority shall reject any application if it is satisfied that:- (d) The applicant of the Health Care Establishment does not fulfill the conditions as specified; (e) There is no adequate provisions for maintaining hygienic and sanitary conditions to the detriment of the health of the locality in which the Health Care Establishments is proposed to set up; (f) If such nursing homes, clinics are not or will not be under the charge of a medical practitioner resident therein round the clock; (g) Such nursing homes, clinics do not employ nursing personnel to receive, admit and provide nursing care to such patients admitted to render health care. 3. Restriction in setting up Nursing Homes, Clinics:- Under Section 9:- On and from the appointed date no person shall set up any nursing home, clinic including the ones run by the voluntary organization except under valid license granted by the authority and shall not run without it having been registered in accordance with the provisions of this Act. 4. Cancellation:- Under Section 12:- If the authority is satisfied that a license has violated any of the terms and conditions of the licensee or has contravened any of the provisions of this act or the rules, the authority may order cancellation or suspension of the license for such period as it may deem fit and on such cancellation the certificate of registration shall be withdrawn. However, before a license is cancelled or suspended the licensee shall be given an opportunity to be heard. 5. Appeal:- Under Section 13(i):- Any person aggrieved by an order of the authority refusing to grant a license or to register a nursing home or clinic under Section 8 or cancelling or suspending a license under Section 12 may make an appeal to a Board headed by the Chief Secretary. Under Section 13(ii):- The Appellate Board shall after considering the appeals and if necessary after hearing the aggrieved person, pass orders and its orders shall be final and binding. 6. Offense & Penalties:- Under Section 14(i):- Any person who knowingly established or maintain a Health Care Establishment which is not duly registered and in contravention of the provisions of this Act or Rules made there under shall on conviction be punishable for a term which may extend to one year or with fine which may extend to five thousand rupees or with both and in case of second or subsequent offences with imprisonment for one year or with fine which may extend to ten thousand rupees. Under Section16:- Any person who knowingly serves in a Health Care Establishment which is not duly registered and immoral purposes shall be guilty of an offence and shall be punishable with fine which may extend to five hundred rupees. 7. Offenses by companies:- Where an offense under this Act has been committed by a company, every person who at the time the offense was committed was incharge of and was responsible to the company for the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly. NB:- 1. To employ Technical staff with requisite qualification from recognized institutions (furnish certificate of qualification and registration wherever applicable) 2. To furnish NOC certificate from Pollution Control Board, fire Department, Power Department, PWD, PHED, AERB License, Pharmacy License, Food Safety License, Narcotic Drug License, Medical Gases License, Blood Bank/Blood Storage License, Boilers License, NOC for Generator set from Pollution Control Board, MTP Act, PC & PNDT Act, Nagaland VAT Act, PAN/TAN of the Health Care Establishment etc and for such medical equipments and amenities in use in the hospital wherever applicable. Sources: Directorate of Health & Family Welfare, Nagaland
