Gujarat Clinical Establishments Act to be amended, Registration to become Mandatory for All hospitals

Ahmedabad: The Gujarat Government has now decided to make it mandatory for all the medical establishments across the State to register, irrespective of their size.

Medical establishments will be required to fulfill this condition under the Gujarat Clinical Establishments (Registration and Regulation) Act, 2021, which will be amended by the Gujarat Government.

The counsel for the State, Advocate General Kamal Trivedi communicated the decision in this regard to the Gujarat High Court recently, during the hearing of the suo motu Public Interest Litigation (PIL) filed after 17 persons lost their vision following the cataract surgeries conducted at the trust-run Ramanand Eye Hospital in Mandal town of Ahmedabad district on January 10.

Medical Dialogues had earlier reported that taking suo motu cognisance of a media report that 17 persons lost their vision after undergoing cataract surgery, the Gujarat HC had sought a report from the government by February 7.

The division bench of Justices AS Supehia and Vimal K Vyas had issued notices to the secretary of state health and family welfare department and superintendent of police of Ahmedabad Rural, directing them to file a preliminary report by February 7.

"The incident requires a thorough and sincere investigation for fixing the liability of the erring persons and also to pay suitable compensation to the victims who have ultimately lost their vision," the court had said.

Based on the directions received earlier, the State Government submitted its report regarding the concerned incident and also informed how the patients were shifted to the Civil Hospital in Ahmedabad for treatment and how some of them took discharge against medical advice.

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As per the latest media report by the Times of India, during the submissions, the top law officer further submitted to the Court that the Government was in the process of amending the Gujarat Clinical Establishments Act, which makes it mandatory for hospitals with 50 or more beds to get registered. However, the State is making the registration mandatory for all hospitals.

It was further submitted by the Advocate General that the amendment was proposed back in December 2023 and the Government would invite objections, which takes a month. However, the incident at the Mandal Hospital took place in the meantime.

He informed the court that the proposed amendment will look after all the activities of medical establishments, including the medical supplies. 

Senior Advocate G M Joshi, for the High Court, highlighted that the incidents of loss of vision in cataract surgeries have been reported regularly and such incidents normally take place during medical camps. 

Such camps are organised by charitable trusts with good intentions. However, the doctors have no control ober medical supplies. Even though there are regulations for clinical establishments, there is no regulation for such medical camps. He further insisted on the need of having such regulations.

Advocate Joshi prayed for time from the Court to study the Government report. Accordingly, the High Court has listed the matter for further hearing after two weeks.

Following the incident of 17 patients losing their vision, the HC bench took cognizance of the issue terming it to be "glaring and deplorable". The bench opined that the thorough investigation is required in respect of the incident. Thereafter, the State has formed a nine-memer panel to probe the matter.

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