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Certification of different categories of Disabilities at different Hospitals

Health,

Government of West Bengal
Health & Family Welfare Department (PHP Branch)
Swasthya Bhawan, GN-29, Sector-V, Bidhannagar, Kolkata – 700 091

No. 289-HF/O/PHP/1R-05/2017 29.08.2018

ORDER

Ministry of Social Justice and Empowerment of Persons with Disabilities, Government of India has enacted the Rights of the Persons with Disabilities Act, 2016 and thereafter has notified guidelines for assessment and certification of specified disabilities included under Rights of the Persons with Disabilities Act, 2016 vide Notification No. S.O. 76(E) dated 4.1.2018.

Now, in pursuance of Section 57 of the said Act, the certifying authorities and the jurisdiction within which such certifying authorities shall perform their certification functions are mentioned hereunder.

1. The certification of different categories of disabilities at different tier/ hospitals will be as follows:

Sl No.Categories of DisabilitySpecified DisabilityTier/ Level of hospitalConstituent members of Medical Disability Certification Board
12345
1Locomotor Disabilitiesa) Locomotor disability
b) Leprosy cured person
c) Cerebral palsy
d) Dwarfism
e) Muscular dystrophy
f) Acid attack victims
SDH, SGH, DH, Medical collegei) Chairperson of the Board – Medical Superintendent or M.S.V.P / Director.
ii) Specialist in Orthopedics.
iii) Specialist in Physical Medicine and Rehabilitation
iv) One or two more specialists as nominated by CMOH/ Principal/ Director as per the condition of the person with disability.
2Visual impairmenta) Blindness
b) Low vision
SDH, SGH, DH, Medical collegei) Chairperson of the Board – Medical Superintendent or M.S.V.P/ Director
ii) Eye specialist.
iii) One specialist as nominated by CMOH/ Principal/ Director as per the condition of the person with disability.
3Hearing Impairment & Speech and- Language Disabilitya) Deafness
b) Hard of hearing
c) Speech and Language Disability
SDH, SGH, DH, Medical collegei) Chairperson of the Board – Medical Superintendent/ M.S.V.P/ Director.
ii) ENT Specialist
iii) One specialist as nominated by CMOH/ Principal/ Director as per the condition of the person with disability and
iv) Trained audiologist or speech therapist.
4Chronic neurological conditionsa) Multiple sclerosis
b) Parkinson’s disease
District Hospital, Medical college, specialized centre ie., Bangur-Institute of Neurosciences, Kolkatai) Chairperson of the Board – Medical Superintendent/ M.S.V.P./ Director.
ii) Pediatrician for childhood chronic neurological condition/ psychiatrist for mental illness due to chronic neurological condition/ neurologist for chronic neurological conditions without mental illness.
iii) Specialist for certifying locomotors disability.
iv) Trained psychologist (clinical or rehabilitation) to administer IQ test.
5Persons affected with blood related disordersa) Haemophilia
b) Thalassemia
c) Sickle cell disease
a) Medical College, Kolkata will cover the following districts-
i) Hooghly
ii) Bankura
iii) Burdwan
iv) Birbhum
v) Purulia
vi) South 24Parganas
vii) Malda
viii) Murshidabad
ix) North24 Parganas
b) Rest of the districts will be covered by Nil Ratan Sircar Medical College and Hospital
i) Chairperson of the Board – M.S.V.P/ Director.
ii) Head of the Department of Haematology or any other competent person as nominated by him or her.
iii) Orthopaedic Surgeon or PMR expert.
iv) Any other specialist depending upon the disability of the patient.
6Intellectual disabilitya) Intellectual disability
b) Specific learning disabilities
c) Autism spectrum disorder
District Hospitals, Medical Collegesi) Chairperson of the Board – Medical Superintendent/ M.S.V.P/ Director.
ii) Pediatrician or Pediatric Neurologist (where available)
iii) Clinical or Rehabilitation psychologist.
iv) Occupational therapist or Special Educator or Teacher trained for assessment of Specific Learning Disability (SLD).
7Mental illnessa) Mental illnessDistrict Hospitals, Medical Colleges, Institute of Psychiatry, Kolkatai) Chairperson of the Board – Medical Superintendent/ M.S.V.P/ Director.
ii) Psychiatrist for clinical assessment.
iii) Trained psychologist to administer IQ tests.
8Multiple DisabilitiesCombination of two or more disabilities mentioned below:-
1. Blindness
2. Low-vision
3. Leprosy cured persons
4. Hearing impairment (deaf and hard of hearing)
5. Deafness
6. Locomotor disability
7. Dwarfism
8. Intellectual disability
9. Mental illness
10. Autism spectrum disorder
11. Cerebral palsy
12. Muscular dystrophy
13. Chronic neurological conditions
14. Specific learning disabilities
15. Multiple sclerosis
16. Speech and language disability
17. Thalassemia
18. Haemophilia
19. Sickle cell disease
20. Acid Attack victims
21. Parkinson’s disease
District Hospital, Medical Collegei) Chairperson of the Board – Medical Superintendent/ M.S.V.P/ Director.
ii) Specialist required for assessing the disabilities as per the requirement of respective guidelines.
iii) Specific specialist(s) for assessing the respective disabilities as per requirement of the disabled person, to be nominated by the CMOH/ Principal/ Director

2. For the purpose of certification, the “Guidelines for assessing the extent of specified disabilities in a person included under the Rights of Persons with Disabilities Act, 2016” issued by the Ministry of Social Justice and Empowerment, Government of India, Department of Empowerment of Persons with Disabilities vide Notification No. S.O. 76(E) dated 4.1.2018 is to be followed.

3. The Superintendent/ MSVP/ Director of the medical institution in the sub-division/ district/ place of residence of the applicant, as mentioned in the proof of residence in the application, will be the competent authority for issuing the certificate of disability in regard to the nature of disability mentioned at serial nos. 1 to 8.

4. As laid down under Rule 17 of the Rights of Persons with Disabilities Rules, 2017, any person with specified disability may apply in Form IV (annexed) for a certificate of disability and submit the application to the medical authority as mentioned in Para 3 above or to the concerned medical authority in a government hospital where s/he may be undergoing or may have undergone treatments in connection with the disability. Provided that where a person with disability is a minor or suffering from intellectual disability or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian or by any organization registered under the Act having the minor under his care. The application shall be accompanied by two recent passport sized photographs and proof of residence/ Aadhaar No./ Aaadhaar Enrollment No.

5. As laid down under Rule 18 of the Rights of Persons with Disabilities Rules, 2017, the medical authority shall, after due verification, issue a certificate of disability in Form V, VI, VII, as applicable (annexed) within a month from date of receipt of an application. If an applicant is found to be ineligible for issuance of certificate of disability, the medical authority shall convey the reasons to him in writing under Form VIII (annexed) within a period of one month from date of receipt of application.

This order will take immediate effect.

Sd/- Sharad K Dwivedi
Joint Secretary to the
Government of West Bengal

No. 289-HF dated 29.08.2018, Source