GOVERNMENT OF ANDHRA PRADESH
The Andhra Pradesh Allopathic Private Medical Care
Establishments (Registration and Regulation) Rules, 2007
G.O. Ms. No. 135 Dated:
1. Act.No.13 of 2002 published in A.P. Gazette Part-iv-13
extraordinary issue dated
2.
Act No.14 of 2006
published in the A.P. Gazette, part-iv-B No.14 dated
3.
Act.No.37 of 2006
published in the A.P. Gazette part-iv-B No.48 dated
****
The appended notification will be published in the
extraordinary issue of the Andhra Pradesh Gazette dated
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA
PRADESH)
P.K.AGARWAL,
PRINCIPAL SECRETARY TO GOVERNMENT
To
The
Commissioner, Printing, Stationery and Stores Purchase,
The
Director of Translation, Andhra Pradesh Hyderabad, with a request to translate
the notification into Telugu and furnish the same to the Commissioner of
Printing, Stationery and Stores Purchase, Hyderabad immediately, under
intimation to government).
The Vice Chancellor, Dr. N.T.R University of Health
Sciences,
The Director of Medical Education, Andhra Pradesh,
The
Commissioner, Andhra Pradesh Vaidya Vidhana Parishad,
The Director of Health, Andhra Pradesh,
The Commissioner of Family Welfare, Andhra
Pradesh,
The Commissioner of Information
& PR, AC Guards,
All HODs. under the control of
HM&FW Dept.,
All Sections in HM & FW Dept, Secretariat
All District Medical & Health Officers
All District Collectors.
All Member of the Committees.
The Commissioner and Director of Municipal
Administration A.P. Hyderabad
All the Commissioners of Municipal Corporations in the
State.
The General Secretary. A. P. Private Para Medical Managements Association, Nampally,
The
Secretary A.P. Nursing Homes’ Association
The Secretary Indian Medical Association Koti Hyderabad.
The Secretary., Indian
Medical Association, Koti,
The Accountant General (A&E), Andhra Pradesh,
Copy to:
The Prl. Secy., to Governor, Raj Bhavan,
The Spl.
Secy. to Chief Minister.
The P.S. to Minister (Finance).
The P.S. to Minister (Medical Education)
The P.S. to Minister ( Health
& CFW)
The P.S. to Minister (Vaidhya
Vidhana Parishad)
The P.S. to Chief .Secretary. to Govt.
The P.S. to Prl. Secy./Secy., HM&FW Dept.
The P.S. to Secretary Law
Department.
General Administration (Cabinet) Dept.,
Finance (Expr. HM&FW-I) Dept.
The Law (E/G) Department.
// FORWARDED ::
BY ORDER //
SCTION OFFICER
NOTIFICATION
In exercise
of the powers conferred under section 18 of Andhra Pradesh Allopathic Private
Medical Care Establishments (Registration and Regulation) Act 2002 (Act 13 of
2002) the Governor of Andhra Pradesh hereby makes the following rules for the
registration and regulation of the Allopathic private medical care
establishments: -
1. Short Title,
extent and commencement
(1) These rules may be called the Andhra Pradesh
Allopathic Private Medical Care Establishments (Registration and Regulation)
Rules, 2007.
(2) These rules extend to the whole of the State of
(3) These rules shall come into force on the date of their
publication in the Andhra Pradesh
Gazette
2.
Definitions:
In these Rules, unless the context
otherwise requires;-
(a) ‘Act’ means the
Andhra Pradesh Allopathic Private Medical Care Establishments (Registration and
Regulation) Act, 2002.
(b) Rules’ means
the Andhra Pradesh Allopathic Private Medical Care Establishments (Registration
and Regulation) Rules, 2007
(c) ‘State Level Advisory Committee’ means the Committee
constituted under Section 5A of the Act.
(d) ‘District Level Advisory Committee’ means the
committee constituted under Section 5 C of the Act.
(e) ‘Establishment’ means Allopathic Private Medical Care
Establishment
(f) The words and expressions used herein and not defined
but defined in the Act, shall have the same meanings
respectively assigned to them in the Act.
3. AUTHORITES:
(1)
The composition of following Authorities shall be notified by Government from
time to time for a period of 3 (three) years;-
(a) A.P Allopathic Private
Medical Care Establishment Registering Authority (APMCERA)
(b) State Level Advisory
Committees (SLAC)
(c) District Level Advisory
Committees (DLAC)
(d) State Level Appellate Board
(SLAB)
(e) District Registering
Authority (DRA)
(2) The Committees
shall meet at least twice in a year and the gap between the two meetings shall
not exceed 6 (six) months
(3) The Member – Convener shall send notice of
the proposed meeting to the Members of the Committees concerned at least 15days
in advance, indicating time, date and place of the meeting.
(4)
The Member Convener shall attend such functions and duties as may be assigned to him / her by the
Chairman from time to time.
(5) The Chairman of the District Registering
Authority i.e. DM&HO shall receive the
application in the prescribed Form-I annexed to these rules from the
Establishments for registration along with the fees prescribed in Rule 15.
4. Registration:
(a) The
Allopathic Private Medical Care Establishment shall submit the application in
the prescribed in Form-I (in
duplicate) to District Registering Authority i.e. DM&HO of the District
concerned for registration of Private
Medical Care Establishments along with the fees prescribed in Rule 14.
(b)
If a private medical care establishment is
offering services in more than one category as specified in the table given
below, the establishment shall apply for separate registration for each type of
category:-
|
Category. No |
Description
of Establishment |
|
1 |
Clinics/consultation rooms (Solo Practitioners) |
|
2 |
Poly Clinics (Group Practitioners) |
|
3 |
Hospitals/ Nursing Homes less than 20 beds |
|
4 |
Hospitals/ Nursing Homes with 21 to 50 beds |
|
5 |
Hospitals/ Nursing Homes with 51 to 100 beds |
|
6 |
Hospitals/ Nursing Homes with101 to200 beds |
|
7 |
Hospitals/Nursing Homes with more than 200 beds |
|
8 |
Diagnostic Centers (Basic Lab facilities) |
|
9 |
Diagnostic Centres with
Hi-end equipment(CT etc.) |
|
10 |
Physiotherapy Units |
|
11 |
Dental Clinics/ Hospitals |
(c)
If a diagnostic center is a part of a
hospital, no separate registration is
required..
(d)
The Chairman of the District Registration Authority or any person in his
office authorized in this behalf, shall acknowledge the receipt of the
application for registration immediately in the acknowledgment slip
prescribed in Form II annexed to these rules if delivered at the office of the
Authority, or not later than the next working day if received by post.
(e) The fee shall be paid by a demand draft from any Nationalised
Bank drawn in favour
of the District Registering Authority of the district concerned.
(f) As soon as an application is filed,
a temporary registration certificate in Form-III annexed to these rules
shall be issued for a period of ninety days from the date of issue to the
Applicant-Establishment.
(g) On receipt of an application for
registration, the Registering Authority shall conduct an inspection of the
establishment within ten days by a team of
two doctors, one of whom shall be a Member of either the District
Registration Authority or the District Level Advisory Committee.
(h) The inspection Team so, constituted by
the Registering Authority shall inspect and submit a report with reference to
the availability of minimum standards prescribed in Appendix–I and also detailing the specific deficiencies to be
corrected, if any.
(i) Copy of the inspection report pointing
out the deficiencies, if any, shall be communicated to the
Applicant-Establishment within seven days from the date of receipt of inspection
report with a direction to rectify the deficiencies pointed out and inform the
Registering Authority within a period of two months.
(j) The
Applicant-Establishment shall cooperate and provide all the relevant
information and necessary assistance to
the inspection team for satisfactory completion of the inspection formalities.
Refusal of entry of inspection teams to the Applicant-Establishment and
non-cooperation during inspection is liable for rejection of the application
for registration.
(k) If the applicant-establishment does
not comply with the direction to rectify the deficiencies pointed out in the
inspection report within a period of two months, the defaulting applicant -
establishment may be given extension of a further period of one month by imposing
50% of the registration fee as penalty.
(l) If the defaulting
applicant–establishment does not comply with the direction to rectify the
deficiencies pointed out in the inspection report, even after the expiry of the
extended period of one month, the temporary registration granted to
Establishment shall be cancelled, under provisions of Section-9.
5. Certificate
of Registration:
(a) Based on inspection reports, the
Registering Authority shall grant the applicant-establishment a certificate of
registration ( in duplicate), in the prescribed Form- IV annexed to these
rules, after satisfying itself that the applicant has complied with all the
requirements, criteria, facilities, etc prescribed in the Appendix-II
(1)
Infrastructure
including buildings
(2)
Essential medical
equipment.
(3)
Equipment for
protection from radiation.
(4)
Facility for
disposal of bio-medical waste.
(5)
Effective
maintenance of Sanitation & Hygienic Standards
(6)
Qualified
Doctors.
(7)
Qualified
paramedical staff.
(8)
Other essential
staff
(9)
Previous audit
reports evidencing financial capability.
(b) One copy of the Certificate of Registration shall be
displayed prominently at the reception /entrance of the Establishment. The
Authority shall clearly specify in the certificate the category under which the
Establishment is registered.
(c) If, after detailed enquiry and due opportunity to the
applicant the Establishment does not satisfy the standards prescribed for
registration, the registering Authority shall, for reasons to be recorded in
writing, reject the application for registration duly canceling the temporary
registration granted earlier. Such rejection shall be communicated to the
applicant in Form V annexed to these
rules within a period of ninety days from the date of receipt of application for
registration.
(d) The Certificate of Registration shall be
non-transferable.
(e) In the event of
any change of ownership, management or name of the establishment, the Registering Authority
shall be intimated before such change and the Certificate of Registration shall
be surrendered to the Registering
Authority the so as to issue a revised certificate of Registration after the
inspection incorporating the changes.
(f) On ceasing to function as a Establishment, or in case
there is a change of category or change in address, both copies of the
certificate of registration shall be surrendered to the Registering Authority
and fresh registration shall be obtained after following the prescribed
procedure.
(g) The Certificate of Registration shall be valid for a
period of five (5) years from the date of issue, subject to the conditions of
review.
6. Renewal:
The Establishment shall
apply for renewal in Form VI,
annexed to these rules, along with payment of the fees prescribed in the Rule 15(a), three (3) months before
expiry of the registration period of five (5) years. The Renewal shall be
granted by the Registering Authority within 3 months from the date of receipt
of the application failing which it will be deemed to have been renewed. The
renewal of the registration of certificate shall be granted in Form VII annexed to these rules
7. Suspension or Cancellation of Registration:
(a) The
Registering Authority on receipt of reliable information that the applicant for
registration has been convicted or has been censured by any judicial or
competent authority in relation to his/her professional character or has been
guilty or any misconduct or on a written complaint that a Private medical care
establishment has violated any of the terms and conditions of the registration
or any of the given directions it was given or has contravened any of the
provisions of the Act or these Rules, the Registering Authority after making enquiries there to and
after written explanation is called for from Establishment on the allegations
leveled against Establishment may order suspension of the certificate of registration for such a period as it may think fit, if the Registering
Authority is satisfied that a prima-facie case has been made out.
(b) The
Registering Authority, immediately after suspending the Certificate of
Registration shall send a registered notice to Establishment in writing in Form VIII informing the time, date and place at which
the case will be heard by the Registering Authority. The registered notice
shall be sent to the Establishment at least by giving 15 days time for hearing.
The Registering Authority shall also direct the establishment to surrender
their Certificate of Registration on or before date of hearing.
(c) The establishment shall be entitled to be
represented either an authorized person or a legal practitioner.
(d) If
the establishment does not represent either by authorized person or a legal practitioner,
the Registering Authority may proceed with the documentary evidence available
with it and determine the case and order cancellation of Certificate of
Registration or revoke the suspension of the Certificate of Registration by
recording the reasons. The said order has to be communicated to the
Establishment within three days from the date of such order in the prescribed Form IX annexed to these rules.
8. Appeal:
(a) The
Appellate Board constituted by the Government with the following Members shall receive and adjudicate the
appeals preferred against the decision of the Registering Authority:
(i)
Principal
Secretary, to Govt. HM&FW Dept. –
Chairman
(ii)
Director of
Medical Education, A.P., Hyd. – Member-Convener
(iii)
Director of
Health, A.P.,
(iv)
Commissioner,
APVVP,
(v)
One member from
IMA nominated by the – Member.
Government after duly consulting IMA
(vi)
One member from
APNA nominated by – Member.
Govt. after duly consulting the APNA
(b) Any Establishment, if aggrieved by the order of the Registering
Authority, may prefer an appeal in the prescribed form (Form X) annexed to these rules, to the Appellate Board within
thirty (30) days from the date of receipt of such order.
(c) After receipt of
the appeal, the Appellate Board 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.
(d) 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
(e) The Appellate Board, 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 in
the prescribed FORM-XI
(f) If the Appellate Board considers that an
interim order is necessary in the matter, it may pass such order, pending final
disposal of the appeal.
(g) The
decision of Appellate Board shall be final and binding.
(h) 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 Registering Authority
stands final.
9. Display of
rates:
(a)
The
Establishment shall display the rates charged for each type of service provided by
them, for the benefit of the patients at the reception counter in both the
local and English language. The list of minimum services for which rates are to be displayed
are given in Appendix –III.
(b)
A copy of such
list shall be sent to the Registering Authority by 1st of June
every year for record.
(c)
The details of services and rates shall be
explained to the patients or their attendants at the time of admission without
any ambiguity.
10. Display of
Registration number etc.
(a) The establishment shall display the names of
the doctors at the reception counter
working or associated with it
(b) The establishment shall indicate the name and
registration number allotted to Doctors by the State Medical Council/ Medical
Council of India in all the Prescriptions,
Certificates given to the patients.
(c) Every Doctor shall display the registration
number allotted to by the State Medical Council/ Medical Council of India in
clinic and in all
prescriptions, certificates, money receipts etc given to patients.
11) Fund of Registering Authority
(a)
The fees payable
to Registering Authority/State Appellate Board shall constitute the fund of the
Registering Authority.
(b)
The Chairman of
the District Registering Authority i.e. DM&HO shall receive the moneys./fees
through Demand Draft. Only. He shall
open an account in a nationalized bank in the name of the Registering Authority
and remit the same into the account.
(c)
The amount so
collected shall be utilized by the Authority for the activities connected with
the implementation of the provisions of the
Act and these rules, viz, payments to
professionals, legal counsels,
honorarium to the Members of the Committees who attend meeting, Members
of Inspection Teams etc.
(d)
The Chairman of
the District Registering Authority is the custodian of the fund and he shall
operate the fund.
(e)
The cheques of the Authority shall be signed by the
Chairman and another authorized member of Registering Authority.
(f)The Chairman shall maintain general cash book and
enter therein all the amounts received
and spent immediately.
(g)
The Chairman of
the Registering Authority shall keep a sum of Rs.
2000/- (Rupees two thousand only) as office imp rest for the maintenance of day
to day expenditure.
(h)
All the fees
shall be paid by a Demand. Draft drawn on a nationalized bank at headquarters
of the District concerned in favor of “DRA&DM&HO”
(i)
The Accounts
shall be maintained properly, audited by engaging an approved Chartered
Accountant for every financial year.
12) Annual Accounts
The
annual accounts of the authority
shall be audited, and certified by the Approved Chartered Accountants appointed
by the Registering Authority and forwarded to the Government along with the
annual report, for placing it before the Legislature
13) Fees payable to
the Authority
a) Fees for Registration or
Renewal:
|
Sl. No |
Description
of Establishment |
Annual Fee (Rs.) |
|
1 |
Clinics/consultation rooms (Solo Practitioners) |
250 |
|
2 |
Poly Clinics (Group Practitioners) |
500 |
|
3 |
Hospitals/ Nursing Homes less than 20 beds |
750 |
|
4 |
Hospitals/ Nursing Homes with 21 to 50 beds |
1500 |
|
5 |
Hospitals/ Nursing Homes with 51 to 100 beds |
2000 |
|
6 |
Hospitals/ Nursing Homes with101 to200 beds |
3000 |
|
7 |
Hospitals/ Nursing Homes with more than 200 beds |
7500 |
|
8 |
Diagnostic Centers (Basic Lab facilities) |
500 |
|
9 |
Diagnostic Centres with
Hi-end equipment (CT etc.) |
2000 |
|
10 |
Physiotherapy Units |
750 |
b) For
filing an appeal before the State Appellate Board:
Rs:- 500/- (Rupees Five hundred only)
14. Medical
Records:
The Establishments shall maintain medical records of
the patients treated by it and health information in respect of national programmes and furnish to authorities as and when they are
required. The minimum medical records to be maintained by the Establishments
are prescribed in Appendix–IV, V & VI.
15. Medical Audit:
All Establishments shall formulate appropriate
mechanism for constant review of hospital procedures to assess the cause of
death and to explore better preventive measures and effective treatment.
16. Offences and Penalties:
If the Registering Authority comes to a conclusion
based on any enquiry report that any offence against any of the provisions
under Sections 11,12,13&15 of
this Act or these Rules has been committed by Establishment and there is over
whelming evidence that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of any Director,
Manager, Doctor or any other Officer of the said Establishment, a case shall be
filed either by Registering Authority or by an Officer authorized by it before
the first class Judicial Magistrate or a Metropolitan Magistrate, as the case
may be, for trial.
17. Interpretation of the
Rules
If there is any doubt or dispute regarding the
application or the interpretation of the Rules, the decision of the Government
thereon shall be final.
P.K.AGARWAL
PRL. SECRETARY TO GOVERNMENT