Blog Detail

I. Governing Legal Provisions

The establishment and operation of polyclinics in Nepal are primarily regulated by an integrated legal framework comprising national and provincial laws. These include:

1.  Public Health Service Act, 2075 (2018)
2.  Public Health Service Regulation, 2077 (2020)
3.  Nepal Medical Council Act, 2020
4.  Nepal Nursing Council Act, 2052 (1996)

 In the context of Bagmati Province: Bagmati Province Health Service Regulation, 2076 (2019) and Standards for Letter of Intent, Licensing, Renewal, and Upgradation of Health Institutions, 2081 (2024).

Collectively, these enactments form the legal basis for clinical registration, licensure, staffing, infrastructure, and procedural compliance.

II. Eligibility and Compliance Criteria

To qualify for registration, an institution must:

1. Demonstrate through verifiable documentation that at least two-thirds of the members of its management or governing body are Nepali citizens.
2. Submit authenticated academic and professional credentials of the owners and lead medical staff.

III. Procedural Stages for Establishment

A. Corporate Registration

A polyclinic must first be incorporated as a private limited company under the Companies Act, 2063 (2006). The process involves:

1. Reserving a unique company name with the Office of the Company Registrar (OCR):

2. Submitting an application with:

1. Memorandum and Articles of Association.
2. Promoters' agreement (if any).
3. Citizenship certificates of all promoters.
4. Additional documentation as required by OCR.

B. Application for Letter of Interest (LOI)

Following company incorporation, the applicant must apply for an LOI from the Ministry by fulfilling all technical and operational standards prescribed under provincial laws.

The LOI issuance depends on:

1. Fulfillment of institutional criteria as per regulation.
2. Recommendations from the local authority and public health office.
3. Submission of a monitoring report by a designated technical committee.
4. Minutes and recommendations of the technical review committee.

C. Infrastructure Standards

The following infrastructural conditions must be met:

1. The premises must be free from air, water, and soil pollution.
2. Security arrangements must be adequate.
3. The site must be road accessible.
4. Utilities like water, electricity, and telecom services must be available.
5. Sufficient parking space must be provided.
6. Landscaping with trees and greenery must be arranged.
7. Waste must be managed using appropriate technology in accordance with Solid Waste Management Act, 2068 and related regulations.

D. Licensing Process

1. Upon compliance with LOI conditions, the institution may apply for an operating license. A technical committee will monitor the institution and submit its findings within 30 days.
2. If standards are not met, up to three months may be granted for correction.
3. Upon compliance, the Ministry will issue an operational license for a maximum period of five years.

IV. Applicable Fees and Charges

1. NPR 500 is payable as a non-refundable LOI application fee;
2. NPR 10,000 is payable upon licensing approval.

V. Timeframes and Validity

A. Timeline for Infrastructure Development

Infrastructure must be completed within two years of LOI issuance or within the specified timeframe in the LOI. An extension of up to two years may be granted upon submission of a request and payment of 50% of the prescribed fee. Failure to complete infrastructure within the extended period results in automatic LOI cancellation.

B. Validity of Operational License

Licenses issued upon compliance are valid for five years. Renewals are subject to continued compliance and submission of necessary documentation as per prevailing standards.

VI. Expansion and Branch Establishment

A separate permit must be obtained prior to service expansion or establishment of a branch. Such approval is subject to compliance with prevailing laws and regulations.

VI. Environmental Assessment Requirements

Polyclinics are typically exempt from mandatory environmental assessments such as BES, IEE, or EIA. However, if a polyclinic includes a diagnostic laboratory utilizing more than five liters of chemicals and reagents per day, a Brief Environmental Study (BES) must be conducted in accordance with relevant environmental legislation before the laboratory is established or becomes operational.