Dr. Param D. Singh
Medicine,lab Medicine,hosp Adm,qual Assurance,accreditation,trg&dev,hr,km,med
+1 Other

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Dear All Pl mention the laws applicable to Hospitals rgds Nanda
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All the labour laws are applicable wrt the people, as hospital comes under Shops & Establishments then SE act and the other regulatory certificates ( PNDT, PCB approval for waste disposal, NABL etc.,) are also required.
Regards - kamesh
Dear Members,

I'm new here, but have been a member of citeHR since 2009!

You'll all find the following list baffling as well as interesting. Of course, each and every item may not be applicable, so it is best to get your hospital legal department to make a check in your locality what all laws have been stressed upon. No one really gives a straight answer. I am an NABH assessor, and during my last interaction with the NABH headquarters, they were looking into this issue and had decided to publish a list themselves.

In the meanwhile, please consider the following!!

Law related to governing the commissioning of hospital:-

1. Society Registration Act 1960

2. Companies Act 1956

3. Urban land Act 1976

4. National building code 2005

5. Building permit from municipality

6. Delhi Fire Service Act, 2007

7. Delhi Fire Prevention and Fire Safety Act, 1986

8. Fire safety rules 1987

9. Electricity Rules 1956

10. Delhi electricity regulatory commission (Grant of consent for captive power plants) Regulations 2002

11. Delhi Lift Act 1942

12. Bombay Lifts Act,1939

13. Delhi Nursing Home Registration Act 1953

14. Bombay Nursing Homes Registration (Amendment) Act, 2005

15. Bombay Nursing Homes Registration (Extension and Amendment) Act, 1959

16. Bombay Nursing Homes Registration Act,1949

17. Radiation protection certificate for radiology dept from BARC

18. Atomic energy regulatory body approval for radiology / nuclear medicine services under the Atomic Energy Act 1962

19. Atomic energy (safe disposal of radioactive waste) Rules 1987

20. Indian Telegraph Act 1885.

21. Clinical Establishments Bill, 2010

22. BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 (27 of 1996).

23. The Registration Act, 1908

24. THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND BILL, 2007

25. Government Buildings Act, 1899

26. Karnataka Medical Registration (Amendment) Act, 2003

27. Karnataka Private Nursing Homes (Regulation) Act, 1976

28. Red Cross Society (Allocation of Property) Act, 1936

29. St. John Ambulance Association (India) Transfer of Funds Act, 1956

Laws governing the qualifications / practice and conduct of professionals:-

30. Indian medical council Act 1956

31. Indian medical council (professional conduct, etiquette and ethics) Regulations,2002.

32. Indian Medical Degrees Act

33. Registration of Medical Practitioners with State Medical Councils

34. Indian Nursing Council Act 1947

35. Delhi Nursing Council Act 1997

36. The ICN Code of ethics for nurses

37. The Dentists Act 1948

38. The Dentists ( code of ethics regulation) 1976

39. Dental council of India regulations 2006

40. AICTE rules of physiotherapy rules

41. All India council for Technical Education ACT, 1987

42. The Apprenticeship Act 1961

43. Rehabilitation Council of India Act, 1992

44. Rehabilitation Council of India (Amendment) Act, 2000

45. Kerala Anatomy Act, 1957

46. Kerala Co-operative Hospital Complex and the Academy of Medical Sciences (Taking over the Management) Act, 1997

47. Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee,Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Amendment Act, 2007

48. Karnataka Anatomy Act, 1957

Law governing storage / sale of drugs and safe medication:-

49. Drugs and cosmetic Act 1940

50. Drug and cosmetic Act amendment 1982,

51. The drug and cosmetics rules 1945, Amendment 2005

52. The drugs control Act 1950

53. Pharmacy Act 1948

54. License for possession and use of Rectified / denatured spirit

55. Narcotics and psychotropic substances Act 1985

56. Central excise Act 1944 ( for permit to use and store sprit )

57. Retail drug licence

58. VAT Act

59. Central sales Tax Act 1956

60. Sales of good Act 1930

61. Adulteration of drugs (IPC S. 274)

62. Sales of adulterated drugs ( IPC S. 275 )

63. Sales of drug as different drug or preparation (IPC S. 276)

64. Negligent conduct with regard to poisonous substances (IPC S. 284)

65. Blood bank regulations under Drugs and cosmetic (2nd amendment) rules , 1999.

66. Homoeopathy Central Council (Amendment) Act, 2002

67. Homoeopathy Central Council Act, 1973

Law governing Biomedical Research

68. Breeding of and Experiments on Animals (Control and Supervision) Amendment Rules, 2005.

69. Reconstitution of Committee for the Purpose of Control and Supervision of Experiments on Animals(CPCSEA).

Law governing to management of patients:-

70. Drugs and Magic Remedies (objectionable) Advertisements Act 1954

71. PNDT Act 1994

72. Pre conception and prenatal diagnostic techniques (prohibition of s*x selection) Rules, 1996.

73. MTP Act 1997

74. MTP Rules 1971

75. Transplantation of Human Organ Act 1994

76. Transplantation of human organ Rule 1995

77. Rules for insurance cover for the sterilization cases

78. Laws of contract section 13 (Consent)

79. Birth and death and Marriage Registration Act 1886

80. Delhi registration of Birth and Deaths act 1969

81. Indian Lunacy Act 1912

82. The Epidemic Disease Act 1897

83. Delhi Municipal corporation (Malaria and other mosquito Borne disease) Bye Law 1975

84. Lepers Act

85. Guardians and Wards Act 1890

86. National guidelines for clinical management of HIV / AIDS , NACO, Govt Of India.

87. Manual for control of hospital associated infections : SOPs, NACO , Govt of India

88. The Mental Health Act 1987

89. Ear Drums and Ear Bones (Authority for Use for Therapeutic Purposes) Act, 1982

90. Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 Law governing medico legal aspects

91. Law of privileged communications

92. Indian Evidence act (disclosure of privileged / confidential patient related information before a court of law – under protest)

93. Law of Torts

94. Consumer Protection Act 1986

95. Protection of human rights Act

96. IPC S. 52

97. IPC S. 80

98. IPC S. 89

99. IPC S. 92

100. IPC S. 93

101. IPC S. 269

Law governing the safety of patients, public and staff within the hospital premises and environmental protection:-

102. Biomedical medical waste management handling rules 1998 (Amended on 2000)

103. Water ( prevention and control of pollution ) Act 1974

104. The Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003.

105. The Water (Prevention and Control of Pollution) Act, 1974, Amended 1988

106. The Water (Prevention and Control of Pollution) Cess Rules, 1978

107. The Water (Prevention and Control of Pollution) Rules, 1975

108. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010 [pdf].

109. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2006.

110. The Noise Pollution (Regulation and Control) (Amendment) Rules,2006.

111. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2002.

112. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2000..

113. Business Rules, 1975 Amended 1976

114. Rules regarding the safe discharge of effluents in the public sewers / drains

115. DMC sanitation and public health Bye laws, 1959

116. Air (prevention and control of pollution) act 1981, Amended 1987

117. The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983

118. The Air (Prevention and Control of Pollution) Rules, 1982

119. Environment protection Act 1986

120. Environment protection Rule 1986

121. Environment protection Act 1996

122. Noise pollution control Rules 2000

123. IPC S. 269 (negligent act likely to spread infection or disease dangerous to life, unlawfully or negligently)

124. IPC S. 278 (making atmosphere noxious to health)

Law governing the safety of patients, public and staff within the hospital premises:-

125. No objection certificate from the chief fire officer

126. Periodic fitness certification for operation of lifts

127. Indian Boilers Act , 1923

128. Explosive Act 1884 (for diesel storage)

129. Petroleum Act + storage Rules 2002

130. Gas cylinder Rules, 2004

131. Rules for provision of safe drinking water

132. Rules for provision of uninterrupted power supply

133. Prevention of food adulteration Act 1954

134. The Radiation Surveillance Procedures for the Medical Application of Radiation 1989

135. Radiation Protection Rules 1971

136. AERB safety code no . AERB/SC/Med -2 ( REV -1) 2001

137. Insecticide Act 1968

138. Arms Act, 1950

139. IPC S. 336 (act endangering life and personal safety of others)

140. IPC S. 337 (causing hurt by act endangering life and personal safety of others)

141. IPC S. 338 (causing grievous hurt by act endangering the life and personal safety of others)

142. The Indian fatal accidents Act , 1955

143. The cigarettes and other Tobacco products (prohibition of advertisement and Regulation of trade and commerce, production, supply and distribution) Bill 2003

144. Prohibition of smoking in public places Rules 2008

145. The Indian fatal accidents Act 1855

146. The Tamil nadu Medicare service persons and Medicare service institutions (prevention of violence and damage or loss to property) Act 2008.

147. Vaccination Act, 1880

148. Vaccination (Repeal) Act, 2001

149. Disaster Management Act, 2005

150. Protection of Human Rights Act, 1993

Laws governing the employment of manpower in Hospital:-

151. Child Labour Act

152. Citizenship Act 1955

153. Employees provident fund and misc provision Act 1952

154. ESI Act 1948

155. ESI (Central) Rules 1950

156. Employment exchange (compulsory notification of vacancies) Act 1959

157. Equal Remuneration Act 1976

158. Minimum Wedge Act 1948

159. Payment of Bonus Act 1965

160. Payment of Gratuity Act 1972

161. Payment of wages Act, 1963

162. PPF Act 1968

163. TDS Act

164. Maternity Benefit (Amendment) Act, 2008

165. Workmen’s Compensation Act, 1923

166. Workmen's Compensation (Amendment) Act, 2009

167. Indian Trade Union Act 1926

168. Industrial Disputes Act, 1947

169. Shops and factories Act (for national holidays)

170. Negotiable instrument Act , 1881

171. Persons with Disabilities Act 1995

172. SC and ST Act 1989

173. Weekly Holidays Act, 1942

174. Official Secrets Act, 1923

175. Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

176. Karnataka Prohibition of Violence against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 2009

177. Information Technology (Amendment) Act, 2008

178. Information Technology Act, 2000

Law governing to professional training and research

179. MCI rules for internship training

180. National board of examinations Rules for DNB training

181. NCI Rules for staring school / college of nursing

182. AICTE Rules fir training courses for technicians ( Lab Tech, Radiographers, OT Tech)

183. ICMR rules governing Medical Research.

Regulations governing the business aspects of hospital: -

184. Charitable and Religious Trust Act 1920

185. Contract Act, 1982

186. Income Tax ACT 1961

187. Customs Act 1962

188. Foreign Exchange Management Act 1999

189. Insurance Act 1938

190. Rules for display of Red Cross Insignia

191. Sales of Good Act 1930

192. Vehicle registration certificate

193. Wireless operation certificate from post and telegraphs

194. Cable television network ACT 1995

195. Gift Tax Act 1958

196. Copyright Act 1982

197. The Public Liability Insurance Act, 1991,Aamended 1992

198. The Public Liability Insurance Rules, 1991, Amended 1993

Various licenses / certificate required with sanctioning authority:-

199. Incorporation of hospital as Company (Registrar of Companies)

200. Allotment of land ( State DI/SIDC/Infrastructure Corporation /SSIDC)

201. NOC and consent under Water and Air Pollution Control Acts State Pollution Control Board

202. Approval of construction activity and building plan (a. Town and country planning, b. Municipal and local authorities ,c. Chief Inspector of Factories d. Pollution Control Board e. Electricity Board)

203. Sanction of Power (State Electricity Board)

204. Boiler Inspection Certificate( Chief Inspector of Boilers)

205. Registration under States Sales Tax Act, and Central and State Excise Act ( i. Sales Tax Department ii. Central and State Excise Depts.)

206. General permission of RBI under FEMA

207. Form FC-IL - COMPOSITE FORM FOR FOREIGN COLLABORATION

208. Land, Water, Electricity, Registrations ( Ministry of Environment and Forests

209. Environmental Clearance (EC) Process in India

210 RTI Act

Best wishes and regards,

Param
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