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Update on government and private medical institute regulation in the country

On: 01 AUG 2023 – Government of India has established the Medical Assessment and Rating Board (MARB) under the National Medical Commission (NMC) Act, 2019 for assessing and rating of medical institutions (Government and Private) for their compliance with standards laid down by the NMC. Further, as per the provisions of Indian Medical Council (Professional Conduct,

Etiquette and Ethics) Regulations 2002, issued under Indian Medical Council Act 1956,

cases/complaints related to medical negligence are dealt by the Directorate of Health and Family Welfare in the State/UTs or concerned State Medical Council. If the complainant or respondent is not satisfied with the decision taken by the State Medical Council, he/she can file an appeal at Ethics and Medical Registration Board, National Medical Commission.

The National Council for Clinical Establishments has been constituted under Clinical Establishments (Registration and Regulation) Act, 2010 (CE Act, 2010) for registration and

regulation of Government (except those of Armed Forces) as well as private clinical establishments belonging to recognized systems of medicine with the objectives of providing

affordable and quality healthcare to patients. As per the CE Act, 2010, the clinical establishments are required to fulfil the conditions of minimum standards of facilities and services, minimum requirement of personnel, maintenance of records & reports and other conditions including ensuring compliance to Standard Treatment Guidelines (STGs) issued by the Central / State Government and display of rates charged by them at a conspicuous place. The CE Act, 2010 also provides for cancellation of registration of hospitals, if the conditions of the registration are not complied with. As on date, the CE act, 2010 has been adopted by 12 States and 7 UTs. The complaints related to deficiency in medical services in any respect can also be filed in District/State/National Consumer Dispute Redressal Forums under the Consumer Protection Act 1986 (Amended 2019).

The Union Minister of State for Health and Family Welfare, Prof. SP Singh Baghel, stated this in a written reply in the Rajya Sabha.

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