HC refuses to stay new rules framed to regulate clinics, polyclinics

The Madras High Court on Wednesday refused to stay the operation of certain provisions of the Tamil Nadu Clinical Establishments (Regulations) Rules of 2018 which lay down the minimum infrastructural facilities required for running clinics and polyclinics by practitioners of allopathy.

A Division Bench of Justices M. Sathyanarayanan and P. Rajamanickam rejected the plea for interim orders at the admission stage itself. It directed Additional Government Pleader E. Manoharan to take notice on behalf of Health Secretary and obtain necessary instructions within two weeks.

S. Vettrivel, a 49-year-old doctor from Anna Nagar here had filed the case on the ground that the doctors would have no option but to tax the patients in order to ensure the existence of infrastructural facilities in their clinics. Consequently, it would become impossible for the poor to get treated at affordable cost, he claimed.

In an affidavit filed through his counsel M. Madhu Prakash, the petitioner said the new rules stated that the consulting room should not be less than 100 square feet with sufficient light and ventilation and a separate space must be provided for patient waiting outside the consulting room for their turn.

Further, they insist on the medical apparatus and other allied equipment that must be kept in the clinics and polyclinics. The rules also state that every clinic must have sufficient space for two cots for the keeping the patients under observation in case of anaphylaxis (severe allergic reaction) or for giving intravenous drip or for observation.

Claiming that many doctors serve the poor by running their clinics in the most economical way, the petitioner contended that the new rules would force such doctors too to spend money on infrastructure and then extract it from their patients.

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