The KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007
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THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons
Sections :
1. Short title and commencement
2. Definitions
3. Registration of Private Medical Establishments
4. Registration and Grievance Redressal Authority
5. Application for Provisional Registration and Renewal of Registration
5A. Grant or renewal of provisional registration
5B. Publication of list of expired registration of provisionally registered private
medical establishments
5C. Application for Permanent registration or renewal
6. Pre-requisites for Permanent Registration or Renewal of Private Medical
Establishments
7. Disposal of applications
8. Functions of the Registration and Grievance Redressal Authority
9. Standards
9A.Functions of the Experts Committees and other
Committees
10. Schedule of charges and establishment details to be notified
11. Obligations of Private Medical Establishments
11A.Patient’s Charter and Private Medical Establishment's Charter
11B.Power of State Government to amend the schedule.
12. Maintenance of clinical records
13. Procedure for obtaining information
14. Restrictions on furnishing of information
15. Penalty or suspension or cancellation of registration
16. Appellate Authority
17. Appeal
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18. Private Medical Establishments to report the names of government doctors
on their establishments
19. Penalties
19A. Cognizance of offence
19B. Jurisdiction of Magistrates
20. Offences by a Company
21. Power of entry, inspection etc
22. Sealing premises of un-registered Private Medical Establishments
23. Powers of State Government to give directions to the [Registration and
Grievance Redressal Authorities]
24. Protection of action taken in good faith
25. Removal of difficulties
26. Power to make rules
27. Rules and orders to be placed before the State legislature
28. Repeal and Savings
SCHEDULE
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STATEMENT OF OBJECTS AND REASONS
I
Amending Act 21 of 2007. -It is considered nec essary to bring a
comprehensive legislation in place of the Karnataka Private Nursing Home
(Regulation) Act, 1976 to have effective control over Private Medical Establishments
in the State. The Bill among other things provides for,-
(i) registration of Private Medical Establishments;
(ii) pre-requisite for registration of Private Medical
Establishments;
(iii) constitution of Local Inspection Committee;
(iv) laying down the Standards of Private Medical
Establishments;
(v) requiring to notify the schedule of charges payable for different
medical treatment and other services in the form of brochures or
booklets;
(vi) prescribing statutory obligations to be performed by a Private Medical
Establishments;
(vii) maintenance of Clinical Records;
(viii) to make available to the persons or his family member a copy of the
gist of observations, treatment, investigation, advice and diagnostic
opinion pertaining to the person;
(ix) suspension or cancellation of registration;
(x) penalties for violation of the provisi ons of the Act and cancellation of
the registration.
Certain other consequential and incidental provisions are also made.
Hence the Bill.
[L.A. Bill No. 10 of 2007]
[Entry 6 of List II of the Seventh Schedule to the Constitution of India.]
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II
Amending Act 33 of 2010.- It is considered necessary to amend the
Karnataka Private Medical Establishments Act, 2007, to provide for,-
(1) extension of time prescribed for registration of existing Private Medical
Establishments; and
(2) reconstitution of the District Level Registration Authority.
Hence the Bill.
[L.A.Bill No.26 of 2010, File No.Samvyashe 21 Shasana 2010]
[Entry 6 of List II and entry 26 of list III of the Seventh Schedule to the
Constitution of India.]
III
Amending Act 37 of 2012. - It is con sidered necessary to amend the
Karnataka Private Medical Establishments Act, 2007 to provide for extension of
time prescribed for the registration of existing Private Medical Establishments
under the said Act by six months from the date of commencement of the Karnataka
Private Medical Establishments (Amendment) Act, 2012.
Hence the Bill.
[L.A. Bill No. 7 of 2012, File No.Samvyashae 4 Shasana 2012]
[Entry 6 of List II and entry 26 of List III of the Seventh Schedule to the
Constitution of India.]
IV
Amending Act 01 of 2018. - Considering the recommendations of the Joint
Select Committee of both the Houses and after holding discussions with delegates
of Doctors Associations. It is considered necessary to amend the Karnataka Private
Medical Establishments Act, 2007 (Karnataka Act 21 of 2007) to,-
(i) reconstitute the Registration and Grievance Redressal Authority;
(ii) enhance transparency in display of rates by the private medical
establishments;
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(iii) empower the State Government to fix uniform package rates for treatment
and procedures under health assurance schemes of the Government;
(iv) specify the Patient’s Charter and Private Medical Establishment’s Charter in
the schedule to the Private Medical Establishment Act;
(v) provide for levy of monetary penalty in case of non -compliance to the
Patient’s Charter or Private Medical Establishment’s Charter;
(vi) remove imprisonment provisions in case of violation of section 12 and 13;
(vii) provide emergency treatment as per the need without insisting on
payment of advance from patient or represent ative of patient in specified
cases;
(viii) handover body of the deceased patient to his representative without
insisting on prior payment of the dues;
(ix) enhance certain monetary penalties leviable under section 19; and
(x) certain other amendments incidentals or consequential are also made.
Hence the Bill.
[L.A. Bill No.44 of 2017, File No. Samvyashae 33 Shasana 2017]
[Entry 6 of the List II of the Seventh Schedule to the Constitution of India.]
V
Amending Act 33 OF 2020. - It is considered necessary to amend the
Karnataka Private Medical Establishments Act, 2007 (Karnataka Act 21 of 2007) to
make provisions for a separate registration and Grievance Redressal Authority and
Appellate authority, in respect of Bruhat Bengaluru Mahanagara Palike area and
more fully to handle COVID -19 cases effectively.
As the matter was urgent and both Houses of the State Legislature were
not in session, the Karnataka Epidemic Diseases Ordinance, 2020 (Karnataka
Ordinance No. 07 of 2020) was promulgated to achieve the above object.
This Bill seeks to replace the said Ordinance.
Hence the Bill.
[L.A. Bill No. 38 of 2020, File No. Samvyashae 59 Shasana 2020]
[Entry 6 of List II of the Seventh Schedule to the Constitution of India]
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VI
Amendment Act 08 of 2023:- It is considered nece ssary to amend the
Karnataka Private Medical Establishments Act, 2007 (Karnataka Act 21 of 2007) to
omit the provisos under section 4 and 16 regarding separate Registration and
Grievance Redressal Authority and Appellate Authority in respect of Bruhat
Bengaluru Mahanagara Palike.
Hence, the Bill
[L.C. Bill No. 1 of 2022, File No. SAMVYASHAE 42 SHASANA 2022]
[Entry 6 of List II of the Seventh Schedule to the Constitution of India]
[Published in Karnataka Gazette Extra -ordinary No.29 in part -IVA
dated:19.01.2023]
VII
Amendment Act 06 of 2026:- It is considered necessary further to
amend the Karnataka State Private Medical Establishments Act, 2007
(Karnataka Act 21 of 2007) to,-
(1) include the "Mental Health establishment" within the definition
of "Private medical establishment";
(2) nominate one member from the Indian Medical Association and
one member representing Association of Registered Medical
Establishments or Ayush Medical Practitioners as member of
Registration and Grievances Redressal Authority.
(3) provide procedure for,-
(i) grant or renewal of provisional registration Certificate by
the registration and grievance redressal authority;
(ii) publication of list of expired registration of provisionally
registered Private Medical establishments;
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(iii) application for pe rmanent registration or renewal of
registration, to prescribe pre -requisites for grant of
permanent registration or renewal by the Private Medical
Establishments and to prescribe procedure for disposal of
applications;
(4) certain other consequential amendments are also made.
As the matter was urgent and both Houses of the State Legislature
were not in session, the Karnataka Private Medical Establishments
(Amendment) Ordinance, 2025 (Karnataka Ordinance 07 of 2025) was
promulgated to achieve the above object.
This Bill seeks to replace the said Ordinance.
Hence, the Bill.
[L.A. Bill No. 87 of 2025, File No. SAMVYASHAE 46 SHASANA 2025]
[Entry 6 of List II of the Seventh Schedule to the Constitution of India]
[Published in Karnataka Gazette Extra -ordinary No. 16 in part -IVA
dated:07.01.2026]
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KARNATAKA ACT NO 21 OF 2007
(First Published in the Karnataka Gazette Extra-ordinary on the sixteenth day of August, 2007)
THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007
(Received the assent of the Governor on the thirteenth day of August, 2007)
(As amended by Karnataka Acts 33 of 2010, 37 of 2012 , 01 of 2018, 33 of 2020, 08 of 2023
and 06 of 2026)
An Act to provide for the Promotion and Monitoring of Private Medical
Establishments in the State of Karnataka a nd matters connected therewith or
incidental thereto.
Whereas it is expedient in the public interest to promote quality health care
and monitor by law the running of Private Medical Establishments in the State by
stipulating minimum standards for quality of service in keeping with the principles
of medical ethics;
Be it enacted by the Karnataka State Legislature in the Fifty -eighth year of
the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka
Private Medical Establishments Act, 2007.
(2) It shall come into force on such 1[date]1 as the State Government may, by
notification, appoint and different dates may be appointed for different provisions of
the Act.
1. The Act came into force on 10.11 .2009 vide notification No HFW 94 CGE 2008, Bangalore, Dated:10th November, 2009.
Text of the notification is at the end of the Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) ‘Appellate Authority’ means the Appellate Authority referred to in section 16;
(b) ‘Appointed day’ means the date appointed under sub-section (2) of section 1;
(c) ‘Clinical Laboratory’ means an establishment where,-
(i) biological (pathological), bacteriological, radiological, microscopic,
chemical or other tests, examinations or analysis; or
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(ii) the preparation of cultures, vaccines, serums or other biological or
bacteriological products in connection with the diagnosis or treatment of
diseases, are or is usually carried out;
(d) “Clinical record” means any paper, film print out, slide, solution or medium
which can be deciphered or used to indicate and diagnose condition of the human
body or a part of it or any material taken out of it and the course of treatment
administered to, or undergone by, the person;
(e) "Department" means the Department of Health and Family Welfare or the
Department of Indian Systems of Medicine and Homeopathy, Government of
Karnataka, as the case may be;
(f) “Family member” means husband or wife or any son, daugh ter or any other
legal heir or legal guardian irrespective of their age;
2[(f-1) “Grievance” means any complaint in respect of non -compliance to the
Patient’s Charter or Private Medical Establishment's Charter;]2
(g) “Hygienic” means a condition congenial for good health;
3[(h)" Inspection Committee" means the Inspection Committee constituted under
section 7;]3
(i) “Manager” in relation to a Private Medical Establishment means the person,
by whatever name or designation called, who is in charge of , or is entrusted with,
the management or running of the Private Medical Establishment;
(j) “Maternity Home” means an Establishment where women are usually
received or accommodated or both, for the purpose of confinement and antenatal or
post-natal care in connection with child-birth and includes an establishment where
women are received or accommodated for the purpose of sterilization or medical
termination of pregnancy;
(k) ‘Medical Practitioner’ means a medical practitioner registered under the
Homeopathic Practitioners Act, 1961 (Karnataka Act 35 of 1961), Ayurvedic,
Naturopathy, Sidda, Unani or Yoga Practitioners Registration and Medical
Practitioners Miscellaneous Provisions Act, 1961 (Karnataka Act 9 of 1962),
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Medical Registration Act, 1961 (Karnataka Act 34 of 1961), Indian Medicine Central
Council Act, 1970 (Central Act 48 of 1970), Homeopathy Central Council Act, 1978
(Central Act 59 of 1973) and Medical Council Act, 1956 (Central Act 102 of 1956) to
practice the system of medicine which he has studied, qualified and registered and
includes a Dentist registered under the Dentists Act, 1948 (Central Act 16 of 1948);
(l) “Medical treatment” means systematic diagnosis and treatment for
prevention or cure of any disease, or to improve the conditi on of health of any
person through allopathic or any other recognised systems of medicine such as
Ayurveda, Unani, Homeopathy, Yoga, 1[Integrated medicine ,]1 Naturopathy and
Siddha; and includes Acupuncture and Acupressure treatments 2[and any other
manner of treatment as may be prescribed;]2
(m) “Nursing Home” means an establishment where persons suffering from
illness, injury or infirmity (whether of body or mind) are usually received or
accommodated or both for the purpose of treatment of diseases or infirmity or for
improvement of health or for the purposes of relaxation or for any other purpose
whatsoever, whether or not analogous to the purposes mentioned in clause (l) of
this section;
2[(m1) Patient’s Charter and Private Medical Establishm ent's Charter" means
the rights and responsibilities of the patient and the Private Medical
Establishments specified in the schedule;
(m2) “prescribed” means prescribed by rules made by the State Government
under this Act;]2
(n) “Private Medical Establishment” means a hospital or dispensary 4[or mental
health establishment] 4 with beds or without beds, a Nursing Home, Clinical
Laboratory, Diagnostic Centre, Maternity Home, Blood Bank, Radiological Centre,
Scanning Centre, Physiotherapy Centre, Clinic, Polyclinic, 2[Dental Clinic or Dental
Polyclinic]2 Consultation Centre and such other establishments by whatever name
called where investigation, diagnosis and preventive or curative or rehabilitative
medical treatment facilities are provided to th e p ublic and includes Voluntary or
Private Establishments 2[as may be notified by the State Government by
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notification]2 but does not include Medical Establishments run or maintained or
sponsored by,-
(i) the State Government or a Local Authority or other Statutory body;
(ii) the Public Sector undertakings owned or controlled by the State or
Central Government;
(iii) autonomous institutions owned or controlled by the State or Central
Government;
(iv) a Co -operative Society registered under the Karnataka Co -operative
Societies Act, 1959 in which more than fifty per cent of shares are held
by the State or Central Government or both;
(v) a Society registered under the Karnataka Societies Registration Act,
1960 and which is owned or controlled by the State or Central
Government;
(vi) a trust o wned or managed by the State or Central Government or any
Local Authority.
(o) “Physiotherapy establishment” includes an establishment where massaging,
hydro-therapy, remedial gymnastics or similar work is usually carried on, for the
purpose of treatment of diseases or infirmity or for improvement of health or for the
purposes of relaxation or for any other purpose whatsoever, whether or not
analogous to the purposes mentioned in clause (l) of this section;
(p) “Public Authority” means an Authority established by or under any law.
(q) “Registration” means registration granted under section 7;
(r) 3[Registration and Grievance Redressal Authority]3 means the 3[Registration
and Grievance Redressal Authority]3 referred to in section 4.
2[(s)"schedule" means schedule appended to this Act.]2
1. Inserted by Act 33 of 2010 w.e.f. 27.07.2010.
2. Inserted by Act 01 of 2018 w.e.f.04.04.2019
3. Substituted by Act 01 of 2018 w.e.f. 04.04.2019
4. Inserted by Act 06 of 2026 w.e.f. 29.09.2025
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3. Registration of Private Medic al Establishments. - On and after the
appointed day, no Private Medical Establishment shall be established, run or
maintained in the State except under and in accordance with the terms and
conditions of registration granted under this Act:
Provided that a Private Medical Establishment in existence immediately prior
to the appointed day shall apply for such registration 2[1[within six months from
the date of commencement of the Karnataka Private Medical Establishments
(Amendment) Act, 2012 ]1]2 and pen ding orders thereon may continue to run or
maintain till the disposal of the application. 3[and shall comply with the provisions
of this Act]3
1. Substituted by Act 33 of 2010 w.e.f. 27.07.2010.
2. Substituted by Act 37 of 2012 w.e.f. 03.09.2012.
3. Inserted by Act 01 of 2018 w.e.f.04.04.2019
1[4. Registration and Grievance Redressal Authority.- There shall be a
Registration and Grievance Redressal Authority in each district consisting of
the following members nominated in such manner with such qualification as
may be prescribed, namely:-
a) The Deputy Commissioner of the District Chairman
(b) District Health and Family Welfare Officer Member
Secretary
(c) District AYUSH Officer Member
4[(d) one member from Indian Medical Associa tion
and one member representing Association of
registered medical establishment or Ayush
Medical Practitioners
Members]4
(e) One woman representative when the Authority
is dealing with a grievance redressal.
Member
]1
3[2[XXX]2]3
1. Substituted by Act 01 of 2018 w.e.f. 04.04.2019
2. Inserted by Act 33 of 2020 w.e.f. 31.07.2020.
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3. Omitted by Act 08 of 2023 w.e.f. 19.01.2023.
4. Substituted by Act 06 of 2026 w.e.f. 29.09.2025
5. 2[Application for provisional Registration and Renewal of
Registration]2.- (1) Every person desiring to establish, run, maintain or continue to
run and maintain a Private Medical Establishment shall make an application to
the concerned 1[Registration and Grievance Redressal Authority 3[for a provisional
registration a nd renewal of registration ]3]1 in such form, in such manner and
along with such fees as may be prescribed and different amount of fees may be
prescribed, for different class or classes of Private Medical Establishments.
1. Substituted by Act 01 of 2018 w.e.f. 04.04.2019
2. Substituted by Act 06 of 2026 w.e.f. 29.09.2025
3. Inserted by Act 06 of 2026 w.e.f. 29.09.2025
1[5A. Grant or renewal of provisional registration. - (1) On receipt of
applications the registration and grievance redressal authority shall w ithin period
of ten days grant to the applicant a provisional registration certificate in such
Form, containing such particulars, as may be prescribed without any inquiry. The
provisional certificate of registration shall be valid for six months subject to renewal
thereafter.
(2) An application for renewal of provisional registration may be made to the
registration and grievance redressal authority in such form along with such
fees as may be prescribed.
(3) On receipt of application for renewal of provisional re gistration the
registration and grievance redressal authority, in respect of which standards
have been notified or specified by the Government, shall not renew
provisional registration beyond, the period of one year from the date of
notification of standar ds or from the date of commencement of the
Karnataka Private Medical Establishments (Amendment) Act, 2025
whichever is later.
5B. Publication of list of expired registration of provisionally registered
private medical establishments. - The registration and grievance redressal
authority shall publish the list of expired Private Medical Establishments which
were provisionally registered.
5C. Application for Pe rmanent registration or renewal .- (1) Every Private
medical establishment willing to have permanent r egistration or renewal of
registration shall make an application to the registration and grievance redressal
Authority along with valid provisional registration, in such Form along with such
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fees as may be prescribed subject to fulfilment of pre -requisites and standards
specified in section 6.
(2) All registered Private medical establishments existing on the date of
commencement of the Karnataka Private Medical Establishments (Amendment) Act,
2025 shall be deemed to be provisionally registered establishment and their
registration shall be valid for a period till the expiry of its validity.
(3) Application for renewal of registration shall be made ninety days before
the expiry of the validity of the certificate.]1
1. Inserted by Act 06 of 2026 w.e.f. 29.09.2025
1[2[3[6. Pre-requisites for Permanent Registration or Renewal of Private
Medical Establishments. - The Registration and Grievance Redressal Authority
shall before granting the permanent registration or renewal consider whether the
following pre -requisites for registration of a Private Medical Establishment are
satisfied that,-
(i) its premises is located in hygienic surroundings and otherwise suitable
for the purpose for which it is established or sought to be established;
(ii) it is adequately staffed with qualified doctors, qualified and trained para
medical personnel;
(iii) it has the necessary buildings with adequate space for performing its
various functions, equipments and other infrastructure facilities;
(iv) it confirms to the standards referred to in section 9;
(v) it has valid provisional registration certificate;
(vi) it has registered on the e -DAR portal, for furnishing Data and medical
reports of patients in the event of a reported Road Accident; and
(vii) such other factors as may be prescribed:
Provided that, no new Private Clinical Laboratory shall be permitted within a
radius of 200 meters from the Government Hospital or from the Hospital promoted
or managed by a society or trust or autonomous organization owned or controlled
by the State Government or Central Government or Local Bodies with effect from
the date of commencement of the Karnataka Private Medical Establ ishments
(Amendment) Act, 2017.]3]2]1
1. Substituted by Act 01 of 2018 w.e.f. 04.04.2019
2. Inserted by Act 01 of 2018 w.e.f. 04.04.2019
3. Substituted by Act 06 of 2026 w.e.f. 29.09.2025
1[2[ 3[7. Disposal of applications. - (1) On receipt of an application under
section 5-C, the Registration and Grievance Redressal Authority may having regard
to the provisions of sectio ns 6 and 9 and after such enquiry as may be necessary,
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by an Inspection Committee, having satisfied that the Private medical
establishment fulfils the conditions required, either grant registration within ninety
days subject to the conditions as may be prescribed or reject the application within
ninety days from the date of receipt of the application in all respects:
Provided that, in case the Private medical establishment ready to under go
third party inspection by the Quality Council of India (QCI) for h aving fulfilled the
conditions specified in sections 6 and 9 and brings certificate to that effect the
registration and grievance redressal authority shall sanction registration or renewal
within ten days from the date of receipt of the application, withou t any inspection
as specified in sub-section (1).
Provided further that, in case the Private medical establishment brings
accreditation certificate for having fulfilled the conditions specified in sections 6
and 9 from any of the three accreditation agenci es viz., National Quality Assurance
Standards (NQAS), National Accreditation Board For Hospital and Health Care /
National Accreditation Board for Laboratories (NABH/NABL) or Quality and
Accreditation Institute (QAI), then the registration and grievance re dressal
authority shall sanction registration or renewal within ten days from the date of the
application, without any inspection as specified in sub-section (1).
(2) Every order passed under sub -section (1) shall be communicated to the
applicant forthwith.
(3) Every registration or renewal granted under sub -section (1) shall be valid
for a period of five years and may be renewed once in five years on an application
made in such Form, in such manner and on payment of such fees, as may be
prescribed.
(4) For the purpose of sub -section (1), the Registration and Grievance
Redressal Authority may constitute the Inspection Committee consisting of such
members as may be prescribed.
(5) The Registration and Grievance Redressal Authority shall not reject the
application for registration or renewal without giving an opportunity of being heard
to the applicant and without recording the reasons for such rejection.
(6) The Registration and Grievance Redressal Authority, on its own or based
on any written complaint, may cause inspection or direct the Inspection Committee
constituted under sub-section (4) of section 7 to inspect, at a reasonable time, any
private medical establishment, to satisfy itself that the conditions of registration are
being duly observed and complied with.
(7) In case the Registration and Grievance Redressal Authority finds
that the private medical establishment is not being run in accordance with the
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conditions of registration, the Authority shall direct the establishment to rem edy
the same within the reasonable time specified by the State Government.]3]2]1
1. Substituted by Act 01 of 2018 w.e.f. 04.04.2019
2. Inserted by Act 01 of 2018 w.e.f. 04.04.2019
3. Substituted by Act 06 of 2026 w.e.f. 29.09.2025
1[8. Functions of the Re gistration and Grievance Redressal Authority. -
(1) The Registration and Grievance Redressal Authority on receiving a complaint
regarding non -compliance to the Patient’s Charter or Private Medical
Establishment's Charter shall enquire into the complaint:
Provided that the complaints pertaining to negligence, non -adherence to
standard protocols for treatments, procedures and prescription audit shall be
referred to the Karnataka Medical Council for enquiry and report with in sixty days
to the Authority.
(2) The Registration and Grievance Redressal Authority shall, while
investigating or enquiring any matter under this section, have the powers of a civil
court trying a suit under the Code of Civil procedure 1908, and in particular in
respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any person and
examining him on oath;
(ii) discovery and production of any documents and witness;
(iii) receiving any evidence on affidavits;
(iv) requisitioning for any public record or copy the reof from any court or
office; and
(v) any other matter which may be prescribed.
(3) The Registration and Grievance Redressal Authority shall, to remedy the
Grievance, hear the aggrieved person and the other party and shall dispose of the
complaint by a summary trial within ninety days from the date of complaint.]1
1. Substituted by Act 01 of 2018 w.e.f. 04.04.2019
9. Standards.- (1) Every Private Medical Establishment shall conform to the
standards 1[of staffing pattern and infrastructure, etc.,] 1 laid down in this Act
or the rules made there under or any other law for the time being in force
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concerning the staff and their qualifications, operation theatre, buildings, space
requirements, equipment, facilities to be provided to the patients and their
attendants, maintenance and other matters.
(2) Different standards may be set for different class or classes of Private
Medical Establishments, in respect of different areas, as determined by the State
Government. Expert Committees may be constituted by the State Government for
suggesting the standards for different class or classes of Private Medical
Establishment for different areas from time to time. The composition, powers and
responsibilities, of the Expert Committees and the terms and conditions of ser vice
of members of the Expert Committee shall be as may be prescribed.
1[Provided that the number of representatives of private medical
establishments shall not exceed one-thirds of the total members.]1
1. Inserted by Act 01 of 2018 w.e.f. 04.04.2019
1[9A. Fu nctions of the Experts Committees and other Committees. -(1)
The Expert Committee constituted under section 9 shall also discharge the
following functions, namely:-
(a) study and recommend classification of the Private Medical
Establishments on objective basis for the purpose of clause (b);
(b) recommend minimum standards of infrastructure, staffing pattern and
staff qualification;
(c) recommend standard protocols for treatments and procedures, and
prescription audit;
(d) make recommendations for fixation of uniform package rates for each
procedure and treatment covered under any of the health care
assurance scheme of the Government for private medical
establishments; and
(e) any other functions as may be prescribed by the State Government.
(2) The State Government, on the recommendation of the Expert Committee,
and after previous publication, calling for objections from the persons likely to be
affected and considering the same shall fix and notify the following, namely:-
(a) classification of Private Medical Establishments;
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(b) minimum standards of infrastructure, staffing pattern and qualification
of staff;
(c) standard protocols for treatments, procedures and prescription audit;
and
(d) uniform package rates for each procedure and treatment covered under
any of the health care assurance sch eme of the Government for private
medical establishments.
(3) Other ad -hoc Committees. - (a) The State Government may also
constitute such number of ad -hoc committees with such number of members as
may be prescribed;
(b) The ad-hoc committee shall perform such work as may be prescribed and
shall submit its report to the State Government for its consideration;
(4) The Expert Committee constituted under section 9 or the ad -hoc
committee constituted in this sub -section shall follow such procedure, as may be ,
prescribed in discharge of its functions; and
(5) The non -official Members of the Expert or ad -hoc Committee shall be
eligible for Travelling Allowance and Daily Allowance or any other allowances, as
may be, prescribed by the State Government.]1
1. Inserted by Act 01 of 2018 w.e.f. 04.04.2019.
1[10. Schedule of charges and establishment details to be notified. - (1)
Every Private Medical Establishment for the information of patients and general
public shall notify and make available the schedule of charges f or consultation fee,
investigations, medical treatments, procedures, hospital charges and other
services, and establishment details, as may be prescribed, in each of the manners
specified below:-
(i) display schedule of charges and establishment details in t he prescribed
manner on a public website to be provided by the Government;
(ii) display schedule of charges and establishment details in the prescribed
manner on its own website, if any;
(iii) display consultation fee, rates of major and largely used investigations,
procedures, treatments and other services, and hospital charges on the
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notice board of the establishment at a conspicuous place at the
reception; and
(iv) schedule of charges in form of booklets or brochures, which is readily
available to patients and public at the establishment at all times:
Provided that in the event of any discrepancy in the schedule of charges
notified as per the above detailed manners, the least amount shall be considered to
be effective.
(2) For the services provided, the Private Medica l Establishment shall collect
from the patient or his relative or attendant an amount not more than the charges
notified as per sub-section (1), after providing an itemized bill.
(3) For the services provided to a patient belonging to eligible household
under the National Food Security Act, 2013 (Central Act 20 of 2013) and referred
under any of the health assurance schemes of the Government, no charges shall be
collected from the patient.
(4) For the services provided to a patient not belonging to eligibl e household
under the National Food Security Act, 2013 (Central Act 20 of 2013) but referred
under any of the health assurance schemes of the Government, the charges over
and above the amount reimbursable from the Government as per the scheme
norms shall b e collected subject to the rates notified under sub -section (1), after
providing an itemized bill.
(5) In case of any investigation or treatment or procedure being necessary
over and above the standard protocol prescribed under clause (c) of sub -section (2)
of section 9A for any patient covered under sub -section (2) or (3) or (4), the
concerned private medical establishment can undertake the same after explaining
the need to the patient or his representative and obtaining his consent, and charge
additional amount, subject to the rates notified as under sub -section (1) after
providing an itemized bill.
(6) Every Private Medical Establishment shall provide proper estimates for
treatments and charges to the patient or attendant of the patient during initiatio n
or due course of treatment and final bill shall not exceed the estimates.]1
1. Substituted by Act 01 of 2018 w.e.f. 04.04.2019.
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11. Obligations of Private Medical Establishments. - Every Private Medical
Establishment shall:-
(i) administer necessary first aid and take other life saving or stabilising
emergency measures in all medico -legal or potentially medico -legal
cases such as victims of road accidents, accidental or induced burns
or poisoning or criminal assaults and the like which present
themselves or a re brought before it at the establishment; 2[in the
event of such emergencies, without insisting on advance payment]2
(ii) actively participate in the implementation of all national and State
health programmes in such manner as the State Government may
specify from time to time; and furnish periodical reports thereon to
the concerned authorities;
(iii) perform statutory duties in respect of communicable diseases to
prevent the spread of the disease to other persons and report the
same to the concerned public health authorities immediately;
(iv) furnish to the 1[Registration and Grievance Redressal Authority] 1
such particulars in respect of such non -communicable diseases as
may be notified by the State Government from time to time.
2[(v) display the Patient’s Charter and Private Medical
Establishment's Charter in such place easily visible to the
public;
(vi) handover in the event of the death of a patient, the
body of the deceased immediately, without insisting on prior
payment of the dues:
Provided that in case the patient was admitted under any of the health
care assurance schemes the private medical establishment shall claim the
amount as per the scheme norms from the Government in accordance with
clause (d) of sub-section (2) of section 9A.
21
Provided further that the due amount in accordance with sub -section
(2) of section 10 or balance due amount in accordance with sub -section (4)
or (5) of section 10 may be recovered from representatives of the deceased in
due course as per law.
(vii) provide the Grieva nce Redressal Mechanism at Private Medical
Establishment Level in such manner as may be prescribed.]2
1. Substituted by Act 01 of 2018 w.e.f . 04.04.2019.
2. Inserted by Act 01 of 2018 w.e.f. 04.04.2019.
1[11A. Patient’s Charter and Private Medical Establishmen t's Charter.-
(1) Every patient or authorized family member and Private Medical Establishment
shall have the rights and duties specified in the Patient’s and Private Medical
Establishment's Charter as contained in the Schedule to the Act.
(2) Every patient or authorized family member and Private Medical
Establishment shall have right to make complaint to the Registration and
Grievance Redressal Authority in respect of violation of any of the provisions of
sub-section (1) or rules made under the Act in su ch man ner as may be
prescribed.]1
1. Inserted by Act 01 of 2018 w.e.f. 04.04.2019.
1[11B. Power of State Government to amend the schedule. - (1) The State
Government may, by notification, add, amend or omit any of the entries in the
Schedule.
(2) Every notification issued by the State Government under this section
shall be laid before both houses of the State Legislature.]1
1. Inserted by Act 01 of 2018 w.e.f. 04.04.2019.
12. Maintenance of clinical records. - (1) Every Private Medical
Establishment shall maintain clin ical records of its activities relating to the
patients under its care in the prescribed manner.
(2) Every clinical record shall be open to inspection, in due discharge of his
duties, by the District Surgeon or any other officer specifically empowered in this
behalf by the State Government.
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(3) Every person or his family member shall be entitled to obtain a copy of the
clinical record pertaining to himself on payment of appropriate charges.
1[Provided that no such information shall be disclosed to any other person.]1
1. Inserted by Act 01 of 2018 w.e.f. 04.04.2019.
13. Procedure for obtaining information. - (1) Every Private Medical
Establishment shall, as soon as possible, after the purpose for which the person
had visited or had been admitted is over, make available to the person or his family
member a copy of the gist of observation, treatment, test, investigation, advice and
diagnostic opinion pertaining to the person.
(2) A public authority, in due discharge of its duties or the person himself or
any other person specifically authorised by the person to this effect, or any family
member of the person in case there is no authorization because the person
concerned is a minor or is deceased or incapacitated (permanently or temporarily)
may request for c opy of clinical records on payment of necessary charges to the
private medical establishment and on such charges being paid, the private medical
establishment shall, within a period of seven days, make available such copy.
(3) Every Private Medical Establishment shall display, at a prominent place, the
charges for obtaining such information.
14. Restrictions on furnishing of information. - The Manager of the Private
Medical Establishment may, for reasons to be recorded in writing, refuse to furnish
the information, pertaining to the clinical records if he is satisfied that,-
(a) the treatment or test or assessment has been conducted on the direction of a
public authority and it has the first right to receive the information.
(b) the report if made available to the person, is likely to cause injury to the
person or his family members.
15. 1[Penalty or suspension] 1 or cancellation of registration. - 2[(1) In case
of any private medical establishment failing to comply with any of the directions
given by the Registrati on and Grievance Redressal Authority under sub -section (8)
of section 7, the Authority may impose a penalty not exceeding fifty thousand
23
rupees and extend the time for compliance or proceed to cancel the registration of
the establishment, after giving the establishment an opportunity of being heard.
(2) In case of a complaint from a patient regarding over -charging the
Registration and Grievance Redressal Authority after holding enquiry under sub -
section (3) of section 8 finds that the Private Medical Est ablishment has violated
the provisions of sub -section (2), (4) or (5) of section 10 the Registration and
Grievance Redressal Authority shall impose a penalty equivalent to one and half
times of the overcharged amount, after giving the establishment an oppo rtunity of
being heard. Out of the penalty amount an amount equal to the over -charged
amount shall be paid to the patient and the balance shall be deposited with the
Arogya Raksha Samithi of the district for taking up public health activities:
Provided th at in case of such over -charging by a particular private
establishment the Registration and Grievance Redressal Authority after holding
such enquiry under sub -section (3) of section 8 finds that the Private Medical
Establishments has violated the provisions of section 10 for the third time within a
calendar year, the Registration and Grievance Redressal Authority shall make a
written complaint to the concerned Court for taking up cognizance of the offence
and subsequent prosecution. On conviction, the conc erned private medical
establishment shall be liable for a penalty which may be extend to three -times of
the amount over charged or rupees one lakh, whichever is higher.
(3) In case of a complaint from a patient regarding any matter in the
Patient’s Charter or Private Establishments Charter, other than the over -charging
the Registration and Grievance Redressal Authority having found that the Private
Medical Establishments has violated the provisions of section 11A shall impose a
penalty of rupees ten thousand for the first non-compliance and rupees twenty five
thousand for the second non -compliance during a calendar year on the concerned
private medical establishment, after giving the establishment an opportunity of
being heard. Fifty percent of the penalty amount shall be paid to the patient and
the balance fifty percent shall be deposited with the Arogya Rakshana Samithi of
the district for taking up public health activities:
Provided that in case of such complaint against a particular private
establishment for the third time within a calendar year, the Registration and
24
Grievance Redressal Authority shall make a written complaint to the concerned
Court for taking up cognizance of the offence and subsequent prosecution. On
conviction, the concerned private m edical establishment be liable for a penalty
which may be extend to fifty thousand rupees.]2
3[(5)]3The 1[Registration and Grievance Redressal Authority] 1 , on the basis
of a complaint or otherwise if a prima facie case exists about the contravention of
any provisions of this Act or the rules made there under or conditions of
registration may, by order in writing and for the reason to be recorded in writing
suspend or cancel the registration of a Private Medical Establishment:
Provided that no such or der shall be made except after giving a reasonable
opportunity of being heard, to the Private Medical Establishment. 2[and also ensure
that arrangements are made within reasonable time for uninterrupted health care
to the inpatients.]2
3[(6)]3 Every order made under sub-section (1) shall contain a direction that
the inpatients of the Private Medical Establishment shall be transferred to such
other Private Medical Establishment as may be specified in that order and it shall
also contain such provisions as to the care and custody of such inpatients pending
such transfer.
3[(7)]3 Every order made under sub-section (1) shall take effect,-
(a) where no appeal has been preferred against such order under section 17,
immediately on the expiry of the period specified for such appeal; and
(b) where such appeal has been preferred and the same has been dismissed,
from the date of order of such dismissal.
1. Substituted by Act 01 of 2018 w.e.f. 04.04.2019.
2. Inserted by Act 01 of 2018 w.e.f. 04.04.2019.
3. renumbered by Act 01 of 2018 w.e.f. 04.04.2019.
16. Appellate Authority. - 1[There shall be an Appellate Authority over the
Registration an d Grievance Redressel Authority ]1 consisting of the following
members, namely:-
(a) the Commissioner for Health and Family Welfare, Karnataka-Chairman
25
(b) the Director of Health Services, Karnataka - Member
1[(c) The DirecExcerpt shown. Open the full act in Lexace.
Lex