Working on new law to regulate clinical establishments Delhi: Govt to HC

In an affidavit, the Delhi government stated that provisions of central government’s Clinical Establishment (Registration and Regulations) Act, 2010, are not applicable to the national capital.

The city government on Monday told the Delhi high court that it was “actively” taking steps for drafting, finalising and enacting its own law to regulate clinical establishments, including laboratories, in the national capital.

The Delhi government was responding to a plea by social worker Bejon Kumar Misra who has alleged that unauthorised laboratories and diagnostic centres in the national capital were being managed by unqualified technicians. (HT Photo)

The city government was responding to a plea by social worker Bejon Kumar Misra who has alleged that unauthorised laboratories and diagnostic centres in the national capital were being managed by unqualified technicians.

In an affidavit, it also stated that provisions of an existing central government statute, Clinical Establishment (Registration and Regulations) Act, 2010, are not applicable to the national capital and guidelines have been issued to regulate all laboratories conducting Covid-related tests.

“It is respectfully submitted that the Delhi Health Establishments (Registration and Regulation) Bill, 2022, hereinafter referred to as the Delhi Health Bill, 2022, has already passed through various stages of finalisation,’’ stated the affidavit submitted by the special secretary of the Delhi government’s health and family welfare department. The respondent has been ‘’actively taking steps in furtherance of the drafting, finalisation and enactment of the Delhi Health Bill, 2022…’’, it stated.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad listed the case for consideration on January 11.

In its affidavit, the government has said that the bill “provides for the regulation of clinical establishments rendering services in recognized systems of medicines in the National Capital Territory (NCT) of Delhi, including laboratories, prescribing minimum standards of facilities and services to be provided by them in order to safeguard the interests of patients and health care providers”, the affidavit stated.

The government informed that the city is at present governed by the Delhi Nursing Home Registration Act.

“Once the Delhi Health Bill is examined by the law department and finalised, it will be placed in the public domain for inviting suggestions and comments from stakeholders, and subsequently, be placed before the Cabinet and then the lieutenant governor for approval, it said.

The affidavit also said that finally, it will be placed before the legislative assembly for its enactment. In the meantime, directions have been issued to regulate both private and government labs conducting Covid-related tests, the government said.

Bejon Misra’s counsel Shashank Deo Sudhi has argued before the court that pathological labs in the city are unregulated which poses a threat to the lives of citizens.

In his plea, he has said that such illegal labs continue to mushroom in and around Delhi-NCT and it can be easily estimated that the total number of such illegal pathological and diagnostic labs can be anywhere between 20,000 and 25,000, and every street in the capital has such illegal pathological labs.