KERALA GOVERNMENT AYURVEDA GRADUATE

MEDICAL OFFICERS’ FEDERATION

( Reg No 242 GO(P)7/85 GAD,Dt03.02.1985,Thiruvananthapuram)

From

General Secretary, KGAGMOF

The Director OF ISM, Arogya Bhavan, Tvpm

Madam,

Sub : Draft Bill of Clinical Establishment Kerala 2013-suggestions from KGAGMOF

Ref : Direction of DISM on 03/09/2013

Chapter I Preliminary

2. Defenitions (b) Clinical establishment means,‐ change as follows

(i) A hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution by whatever , name called that offers services , facilities with or without beds requiring treatment, diagnosis or care for illness, injury, deformity, abnormality, dental care , pregnancy, preventive or promotive health care in any recognized system of medicine established and administered or maintained by any person ……..

Explanation: (i) “ recognized system means Modern Medicine, Yoga, Naturopathy, Ayurveda, Homeopathy, Sidha and Unani of medicine or any other systems of medicine as may be recognized by Government.

This may be changed as

“recognized system means Modern Medicine, Ayurveda,Yoga & Naturopathy, Unani, Sidha and Homeopathy of medicine or any other systems of medicine as may be recognized by Government.

Justification: The recognized systems other than Modern Medicine are known as AYUSH systems and each one is placed according to a protocol. So the bill also should follow the accepted placement of these systems.

Chapter II

The total establishment of the state council is not scientific. It comprises total 14 members among them 7 are from Modern medicine and only one representative from ISM council were many independent medical systems are existing. Apart from this DHS, DME and DC is included from Modern medicine part but their corresponding officers from ISM is not included. So the organization of the council is not balanced.

To tackle these problem two things can be done.

1. Include all respective officers in the state council. OR

2. The council should constitute like TC Medical council were 3 independent councils are

functioning. In general matters the combined council will take decisions were as the respective issues will be cleared by individual council

Justification: The functioning of Modern Medicine Hospital is entirely different from Ayurveda. Both are different from Homeopathy. The major functions of the council include classification of establishments, maintenance of register, inspection and assessment, periodic review, appeal hearing, renewal/cancellation of registration, grievance redressal etc: So everyone looking in to all issues is not practical or scientific. So, better option is to constitute 3 separate councils under this Act like TCMC.

Under section 6 Sub committees of the council the following points may be added: There shall be 3 technical sub committees , Modern Medicine, ISM, Homeopathy respectively to advise concerned matter regarding registration/denial of registration /suspension of registration etc:

Section 9. Executive committee – The constitution of the executive committee is not balanced. Inclusion of Director ISM, Director of Homeopathy and ASU Drug controller shall be included.

Chapter III Section 18 Authority of registration:

The constitution of the authority is not balanced. The proposed authority can manage the category of Modern Medicine only. The major function of the bill is carried out by the district authority which is responsible for grant, renew, suspend or cancel registration of a clinical establishment, enforcement of the Act and rules there under, investigation on breach of provisions of the Act, periodical inspection etc. In view of this fact the present structure of the authority is technically inadequate to perform these responsibilities. So, competent officials from ISM and Homeopathy should be included along with representatives from professional organizations from Ayurveda and Homeopathy shall be included in the Authority. Separate committee to perform these functions is also advisable for the smooth functioning of the authority.

Section 19 (9)

Minimum qualifications for the Medical and Para‐Medical staff shall be the qualification prescribed by the respective state and central councils from time to time.

Section 23 sub sections 10 regarding the clause of independent assessors shall be removed as it may attract a source of corruption in granting /denial of registration.

Repeal shall be added as section 54

The Ayurveda center (licensing and control) Act 2007 is hereby repealed.

Explanation: The Ayurveda center (licensing and control) Act 2007 is introduced for the same purpose in Ayurveda. The existence of both Act is not necessary.