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RULES / LICENCE
RULES:
TamilNadu State Health Rules,2013 have since been notified in the TamilNadu Government Gazette on 23rd October 2013 and same could be viewed / downloaded.
TamilNadu State Health Rules, 2013
LICENCE - GUIDELINES:
It has been decided to license all the psychiatric hospitals and psychiatric nursing homes. The notification regarding licensing process has already been published. Following are procedures for applying for license.
Licensing Authority:-
The Director, Institute of Mental Health Chennai shall be the licensing authority for the purpose of Mental Health Act 1987.
.Application and fee structure for licence:-
Every application for Nursing Home shall be made to the licensing authority in Form IV accompanied by a fee at the rate given below, in the form of a bank draft drawn in favour of “The Director, Institute of Mental Health, Chennai”.
(i) Application Fee : Rs. 1000/-
(ii) Fee for Licence.- :
Less than 50 beds : Rs. 10,000/-
50 to 100 beds : Rs. 15,000/-
More than 100 beds : Rs. 20,000/-
Grant of Licence:-
If the licensing authority is satisfied that the applicant fulfills the conditions laid down in clauses (a), (b) and (c) of section 8 of the Act and it shall grant the licence in Form – V.
Refusal of Licence :-
(1) If the licensing authority is satisfied that the applicant does not fulfil the conditions laid down in section 8 of the Act, it may, after giving the applicant a reasonable opportunity of being heard against the proposed refusal of licence, by order setting out the reasons therein, refuse to grant the licence.
(2) Every order refusing to grant a licence under section 8, shall be communicated to the applicant by registered post to the address of the applicant.
(3) A copy of the order shall also be conspicuously displayed in the notice of the office of the licensing authority.
Application and fee structure for renewal of Licence: -
Every application for renewal of a licence shall be
- made not less than one year before the date on which the period of validity of the licence is due to expire to the licensing authority in Form VI; and
- accompanied by a fee, at the rate given below, in the form of a bank draft drawn in favour of the licensing authority namely “The Director, Institute of Mental Health, Chennai”.
(i) Application Fee for renewal of license : Rs. 1000/-
(ii) Fee for Renewal of Licence :
Less than 50 beds : Rs. 10,000/-
50 to 100 beds : Rs. 15,000/-
More than 100 beds : Rs. 20,000/-
Refusal of renewal of license:-
(1) If the licensing authority is satisfied that the conditions mentioned in the proviso to sub-section (5) of section 9 of the Act are not attracted, it shall renew the licence.
(2) If the licensing authority is of the opinion that the conditions mentioned in the proviso to sub-section-(5) of section 9 of the Act are attracted, it may, after giving the applicant a reasonable opportunity of being heard against the proposed refusal of renewal of the licence, by order setting out the reasons therein, refuse to renew the licence.
(3) Every order refusing to renew the licence shall be communicated to the applicant by registered post to the address of the applicant.
Manner and conditions of maintaining psychiatric hospitals or psychiatric nursing homes:-
Every psychiatric hospital or nursing home shall,
(a) be located only in an area approved by the local authority;
(b) be located in a building constructed with the approval of the local authority;
(c) have sufficient ventilation and is free from any pollution which may be detrimental to the patients admitted therein;
(d) have sufficient beds to accommodate the patients;
(e) have qualified and competent nurses and other staff to handle the work assigned to them;
(f) have a Psychiatrist as a supervising officer-in-charge.
Revocation of licence.-
(1) Where the licensing authority is satisfied that the licence of any psychiatric hospital or nursing home, is required to be revoked in pursuance of clauses (a) or (b) of sub-section of section 11 of the Act, it may, after giving the licencee, a reasonable opportunity of being heard against the proposed revocation, by order, revoke the license and such shall set out there in the grounds for the revocation of the licence.
(2) Every order revoking the license under sub-rule (1) shall be communicated to the licencee by registered post.
(3) A copy of the order shall also be conspicuously displayed in the notice board of the office of the licensing authority and in the website.
Time for appeal:-
(1) Any person aggrieved by the order of the licensing authority refusing to grant or renew a licence or revoking a licence, may prefer an appeal to the State Government within sixty days from the date of receipt of that order.
(2) The appeal shall be in Form VII and shall be sent through registered post or presented by appearing in person to the Secretary to Government, Health and family welfare Department or any other Officer authorised by him in this behalf.
(3) Every appeal shall be accompanied with the fee of Rs.500/-.
(4) The State Government on receipt of appeal shall appoint a committee with not less than three members of whom two shall be experts in the field of mental health to inspect the psychiatric Hospital or psychiatric nursing home of the appellant and submit a report. The State Government shall on consideration of the report of the committee and other relevant aspects, dispose of the appeal.
Application form for applying License / Renewal of License
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