Bombay Nursing HomeRegistration Act,1949 Submitted to: Dr Shelly Submitted By: Sandeep Singh MHA 1st Sem GNDU email@example.com http://iamsinghsandeep.blogspot.in/
Bombay Nursing Home Registration Act, 1949 By: Sandeep SinghWhat is a law? Law is a system of rules and guidelines which are enforced through social institutions togovern behavior. Laws are made by governments, specifically by their legislatures. Theformation of laws themselves may be influenced by a constitution (written or unwritten) and therights encoded therein. The law shapes politics, economics and society in countless ways andserves as a social mediator of relations between people.There are many different types of law: International law Constitutional and administrative law Criminal law Contract law Tort law Property law Equity and trusts Further disciplinesWhat is an act? An act is basically to take action on something illegal.What is the difference between an act and a law? The difference between both of them does not matter much as the meaning is kind ofsame. The difference is that a law is system of regulations that governs, or also rules the code ofconduct of the people of society, community for the protection. On the other hand, an act is aconstitutional plan passed by the congress or any other legislature that is referred to as “bill”until it becomes a law.
Example of a “law” versus an “Act”:Law - According to section 11 of Indian contract act. Every person is competent to contract whois of the age of majority according to law, but if anything goes wrong, no action can be takenagainst the minor, no liability in contract that means a minor will not pay for any loss and alsorestoration from the property or the money of the minor. This is a law because it is meant toprotect the citizens from fraud.Act – An example of an act is The G.I.Bill. In the United States, the G.I.Bill is officially knownas the Servicemen’s Readjustment Act of 1944. The G.I.Bill gives military veterans benefits suchas unemployment compensation, and the chance to attend college.What does “Bombay Nursing Home Registration Act, 1949” says? An act to provide for the registration and inspection of nursing homes in the province ofBombay and for certain purpose.This section extends to the whole of the State of Maharashtra, the provisions of this Act extendto Greater Bombay, the City of Poona as contributed under section 3 of the Bombay provincialMunicipal Corporations Act, 1949.Some Legal Terms: “district local board” in relation to any area other than a municipal area, means a district local board, district authorities and" municipal. "Maternity home" means any premises used, or intended to be used, for the reception of pregnant women or of women in or immediately after child birth. "nursing home" means any premises used or intended to be used, for the caring of persons suffering from any sickness, injury or infirmity and the providing of treatment and nursing for them, which includes a maternity home.
"qualified midwife" means a midwife registered or deemed to be registered under the Bombay Nurses, Midwives and Health Visitors Act, 1954 or any other corresponding law for the time being in force; "Qualified nurse" means a nurse registered or deemed to be registered under the Bombay Nurses, Midwives and Health Visitors Act, 1954, or any other corresponding law for the time being in.Registration This act provides certain things that are necessary: No person shall carry on the nursing home without the registration of it Every person intending to carry on a nursing home shall make an application for the registration to any local supervising authority. A certificate of registration issued under this section shall be with the provision of section 7, and in force should be valid until the 31st of the month or on the 3rd year, next following the day on which the certificate was issued. The state government may prescribe many different rates of fees for the registration of nursing homes, by keeping in mind the area in which the nursing home is situated, the number of beds and etc. The certificate of registration issued must be kept in the musing home.Functions of the District Nursing Home Registration BoardThe District Nursing Home Registration Board does carry out the following functions: o To review and monitor the implementation of the Act o To conduct regular meetings of the District Nursing Home Registration Board. o Provisions should have a place where complaints can be written out. o From patients, Nursing Home owners, consumers, and public. o To communicate to the State Nursing Home Registration Board any modifications required in the rules, especially with reference to minimum requirements (standards) and revision of fees charged.
o The board can appoint a smaller committee or committees from its members for the performance of various tasks.Refusal or Cancellation of registration of nursing home The Local Supervisory Authority may refuse to register the applicant or renew the registration or cancel the registration. The nursing home is not under the supervisory management of a person who is qualified and registered in the council recognized by the government or any other party. The rules and by-laws under the act are not followed or taken care of. The conditions under which it is registered have being violated. Used for purposes which are in violation of any other law which the Nursing Home is expected to comply with or it is found that the Nursing Home is carrying out activities for which it is not registered. Local Supervisory Authority would reject or cancel the registration only after enquiry and giving opportunity of being heard to the applicant and is satisfied that the applicant has not complied with the requirements of the Act and rules.Penalty for non-registration On finding contravention of provision of Section 3 from the Act, a show cause notice may first be served to the owner and asked to register within a month after paying a fine amounting to 50% of registration fee. Whoever continues to contravene the provisions of Section 3 from the Act, shall on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or it can go even higher. On further contravention will be liable for punishment as per the act. Contravention of renewal after three years, will also invite a show cause notice, along with a fine as per Section 12 of Act. Failure to renew registration three months after show cause notice will amount to non-registration. It shall be obligatory on the nursing home to inform to the nearest police station about all cases of injury treated in the nursing home and maintain records of all injuries examined and retain it for a period of the
complete disposal of the case.The following are essentials for the nursing home to do: Within 24 hours of the death of any patient or any child born to a patient at the nursing home, should be send to the local Registrar of Birth and Death, on the behalf of certain things written in which are important such as: a) The date and hour of birth. b) The date and hour of death. c) If a medical certificate of the cause of death has been signed by a registered medical practitioner the name and registration number of the practitioner. d) If such certificate has not been given or obtained, the cause of death should be defined to its best knowledge. If an inquest is held in respect of any such death, a notice should be send which must bewritten by the registered or written in a very suitable manner within the time period of 24 hoursstating the conclusion to the authorities as may be issued by the Director of Health Services,Maharashtra, stating the date of inquest and the cause of death. And also should maintain aseparate register of all deaths occurring in the nursing home or of patients brought dead.Different types of facilities: The type of facilities provided at the Nursing Home, e.g. Emergency Cardiac Care Unit,Orthopedic and Trauma Care Hospital etc, should be displayed prominently. A very importantpart is the detailed list of minimum services should be made available to the patients as well sothat they have the full knowledge of exactly what is going on. Declare routinely offered facilities: The nursing home should declare on its sign boards/notice boards etc all the important information about the nature facilities offered and the banning of the treatment of those patients for which the facilities are not available. Emergency General Surgical Facilities: This facility is not quite important but if it is available this should be clearly mentioned in the functional programme of the nursing home as well as in any information brochure put up by the nursing home. In such nursing homes emergency care for cases of acute abdomen, strangulated hernia, torsion testis, etc. would be provided. For this purpose access to X-ray facilities, Blood Bank and Ultrasonography should be available.
Minor surgery Regarding Maternity Facilities: All nursing homes providing maternity facilities (with and without OT) should provide basic facilities. Every maternity home should have a working arrangement with nearby blood banks and all due care be taken to anticipate the blood transfusions and arrange for any emergencies. Also ultrasonography facilities should be available within one hour. The functional programme of the nursing home should mention nearest availability of neonatal intensive care facilities.Patient’s have right to autonomy and participation in decision making: o The patient should be given relevant information about the state of his/her health, advantages of every alternative procedure and treatment the patient is going through or will be going and the possible effects of the non use of medical treatment. Such information may be withheld from the patient only in exceptional circumstances, when there is sound reason to believe that such information could cause serious harm. o Any treatment or operation, including procedures like surgery, anesthesia, blood and blood product transfusions and any invasive / high risk procedures / treatment shall be provided or performed only after informed consent is received from the patient. o In the case of a minor, the consent of a parent or guardian should be taken. o Patients have the right to participate in decision making regarding the course of their treatment. o Patients have the right to buy prescribed drugs from any medical store/ and of any standard brand of the same medicine, from any pharmaceutical shop.Patient has a right to personal dignity and privacy: Patient has a right to personal dignity and privacy during examination,procedures and treatment. HIV testing may be done only after counseling and obtaining consent.
No unnecessary testing, including for HIV status before procedures or any othertreatment will be done.The Nursing Home must protect and maintain in a confidential manner, data andinformation relating to an individual’s state of health and medical/surgicaltreatments to which he or she is subjected. Patient has the right to maintainconfidentiality of reports and information even from intimate partners and closefamily members.Such information is to be disclosed only on the request of the patient to makeavailable details of his/her relevant records, to himself or any person or doctor sodesignated by him.Medical or surgical treatments (diagnostic exams, specialist visits,medications, etc.), must take place in an appropriate environment and in thepresence of only those who absolutely need to be there (unless the patient hasexplicitly given consent or made a request).Any examination, treatment or management of female patients must be conductedin the presence of an employed female attendant / female nurse or relative/ friendPatients shall be interviewed and examined in surroundings designed to ensurereasonable privacy and shall have the right to be chaperoned during any physicalexamination or treatment, except in cases of emergency where such conditionsmay not be possible.