Enforcement of Medical Code of Ethics

[Guest guest]

Rajya Sabha

In order to regulate the conduct of doctors, the Medical Council of

India (MCI) with the approval of the Central Government, has notified

Indian Medical Council (Professional Conduct, Etiquette and Ethics)

Regulations, 2002. These regulations prescribe various acts of

commission and omission on the part of a physician, which are

construed as misconduct and unethical. The MCI or the appropriate

State Medical Councils have been empowered to take disciplinary

action against a physician for violation of the provisions or the

regulations. As and when complaints are received by the Government

against the violation of code of ethics of doctors, MCI is advised to

inquire into such violations and take strict action against

violators.

This information was given by the Minister of State for Health &

Family Welfare, Smt. Panabaka Lakshmi in a written reply to a

question in the Rajya Sabha.

http://pib.nic.in/release/release.asp?relid=30760

______________________________

The following is a copy of the Act. (Moderator)

THE INDIAN MEDICAL COUNCIL ACT, 1956 (PROFESSIONAL CONDUCT, & ETHICS)

REGULATIONS, 2002

• This Act provides constitution o the Medical Council of India (MCI) and the

maintenance of a Medical Register for India and for matters connected therewith.

The act is amended in 1964 and 1993.

• The MCI has exclusive right grant recognition to medical collee, new or higher

courses or training or to increase the capacity in the training or course

qualification granted by Universities or medical colleges in India (Sec. 11, 12,

13). The registered medical persons are etitled to practice allopathic system of

medicine (Sec. 15). Instructions are given for recognition of medical

institutions and to monitor and maintain standards of medical education (Sec.

16-20). The council has made regulations for “standards of professional conduct,

etiquette and code of ethics” which should be observed by medical practitioners.

These are mandatory and followed by all other State Medical Councils Sec. 33).

• Sections 21-29 described the entry of names in the register, removal of names

and restoration, and maintenance of registers, registration of additional. etc.

• Indian Medical Council (Professional Conduct, and Ethics) Regulations related

to the professional conduct, etiquette and ethics were notified in 2002.

Following chapters are described :

1. Code of medical ethics

Physician shall uphold the dignity and honour of his profession with rime

objectives of rendering services to humanity and rewards or financial gains

would be subordinate.

No person with qualifications other than modern system of medicine (Allopathy)

would be allowed to practice modern system of medicine.

Physician should try continuously to improve medical knowledge and skills and

should affiliate himself/herself with reputed allopathic organisation and attend

continuing medical education programme, or at least 30 hours every five years.

(S)he shall maintain the medical records of the patient for 3 years which may be

made available whenever required. (S)he shall maintain a medical certificate

register entering relevant information about the person for which certificate

has been issued.

Physician shall display the registration number in his/her clinic and on every

prescription, certificate, etc. (S)he shall display as suffix to his/her name

only recognized degree, diploma memberships, honour. (S)he shall prescribe

rationally only generic names of drugs. Physician should also display his fee in

his/her chamber. Physician should announce his/her fees before rendering service

and not after operation or treatment is under way.

(S)he should be cooperative in observance and enforcement of sanitary laws and

regulations in the interest of public health. A physician should observe the

provision of the state Acts like Drugs and Cosmatic Act 1940, Pharmacy Act 1948,

Narcotic Drugs and Psychotropic Substance Act 1985, Medical Termination of

Pregnance Act 1971, Transplantation o Human Organ Act 1994, Mental Health Act

1987, Environmental Protection Act 1986, Pre-natal Sex Determination Test Act

1994, Drugs and magic remedies (Objectionable Advertisement) Act 1954, Persons

with Disabilties (Equal Opportunities and Full Participation) Act 1995, and

Biomedical Waste (Management ad Handling) Rules 1998, etc.

2. Duties of Physician to their patients

in case of emergency a physician must treat the patient otherwise he/she may

refuse treatment and refer the patient to another appropriate physician.

Confidences concerning individual or domestic life entrusted by patients to a

physician and defects in the disposition or character of patients observed

during medical attendance should never be revealed unless their revelation is

required by the laws. Physician should also determine whether his/her duty to

society required him/her to communicate to the society about patient

confidential information.

(S)he should neither exaggerate nor minimize the gravity of a patient’s

conditions and tell to patient or relatives.

3. Duties of physician in consultation

Physician can get consultation only when it is justifiable and in the interest

of the patient. Laboratory tests of any kind shall be carried out judiciously.

Consultant should observe utmost punctuality and will never try to blame the

treating physician or disclose any diagnosis in front of patient or his/her

relatives without discussion with treating physician. When a patient is referred

to a specialist by the attending physician, a case summary of the patient should

be give, who should communicate his opinion in writing to the attending

physician.

4. Responsibilities of physicians to each other

(S)he should consider it a pleasure and privilege to render gratitous service

to all physicians and their immediate family dependants. There should not be any

discussion in the presence of patient or his/her representatives which may

effect the confidence of the patient in treating physician. No physician or

consultant shall criticize the referring physician. Whenever another physician

treating the patient during the absence of his/her physician utmost

consideration to the interest and reputation of the absent physician should be

made.

5. Duties of physician to the public and to the paramedical profession

Physician, who is engaged in public health work, should enlighten the public

converning quarantine regulations and measures for the prevention of epidemic

and communicable diseases. At all times the physician should notify the

constituted public health authorities over every case of communicable disease

under his care, in accordance with the laws, rules and regulations of the health

authorities.

Physician should recognize and promote the practice of different paramedical

services and should seek their cooperation whenever required.

6. Unethical Acts & Misconducts

Any violation o code of conduct, unethical act or misconduct shall lead to

removal of his/her name from the register permanently or temporarily and shall

publicize the name of physician in local press as well in the publications of

different medical associations/societies/bodies. Professional misconduct or

infamous conducts, are given below:

Advertisement: media, signboards, cuts or fee display.

Association: drug companies-gifts, laboratories-commission, colleagues-cut back,

employer-fee splitting.

Alcoholism.

Adultery.

Abortion conducted by self without sufficient training and qualification and

helping some other who is not qualified.

Human rights violation by inflict mental or physical trauma or concealment of

torture.

Conviction by Court for moral turpitude,

Certificate to unqualified false, improper, or misleading person, or fact,

Contravention of Drugs Act,

Prescribing or dispensing secret remedies,

Breach of patient confidence without any solid reason to do so,

Not taking proper and appropriate written consent for operation or whenever the

procedure may endander his/her life,

Claiming to be specialist without recognised qualification or experience

Violation of existing ICMR guidelines while conducting medical research

Found absent on more than two occasions during inspection carried out by the

head of the district health authority or chairman, Zila Parishad, and Found

absence on more than two occasions from the medical college/institution wherever

both teaching faculty or other specialists are posted.

http://www.nihfw.org/ndc-nihfw/html/Legislations/TheIndianMedicalCouncilAct.htm