Even as 19 states and Union territories in the country have already implemented the Clinical Establishments Act aimed at regulating private health facilities, Punjab has yet to enforce the legislation.
The Union government had enacted the Clinical Establishments (Registration and Regulation) Act in 2010 and notified the Clinical Establishments (Central Government) Rules in 2012 for registration and regulation of private clinical establishments belonging to recognised systems of medicine.
The Punjab government notified the 2010 Act only in October 2020, and even six years later, it has failed to frame the rules required to implement the legislation, leaving clinical establishments in the state outside the ambit of the regulatory framework.
The Act mandates the registration and regulation of private health facilities to improve the quality of care, standardise services, ensure transparency in costs and strengthen patient safety.
It also seeks to ensure accountability, curb quackery through mandatory registration, and prescribe minimum standards for infrastructure and staffing at health care establishments.
Health experts and officials said the absence of an effective regulatory framework had made it difficult for the health department to rein in malpractices by private healthcare providers and protect patients.
{{/usCountry}}Health experts and officials said the absence of an effective regulatory framework had made it difficult for the health department to rein in malpractices by private healthcare providers and protect patients.
{{/usCountry}}When asked about the delay, Punjab health minister Dr Balbir Singh said the government was consulting private healthcare providers to build consensus on certain provisions before implementing the legislation.
“The process of framing the rules is underway, and we are hopeful of implementing it soon,” he said.
IMA opposes law
The Indian Medical Association (IMA), Punjab, has opposed the implementation of the Act, arguing that it could lead to greater corruption in the healthcare sector. Dr Bhagwant, former president of IMA Punjab, said if the Act came into force, it will open another avenue for corruption in the form of inspections and other procedures.
He said the IMA had also sought exemption for clinical establishments with fewer than 50 beds.
On concerns over rising quackery, Dr Bhagwant said the government already had several legal avenues to act against unqualified practitioners.