MCI Regulation for Professional Misconduct by Doctors
Professional misconduct by medical practitioners is governed by the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 made under Indian Medical Council (IMC) Act, 1956. Clause 6.4.1 of these regulations provides that a physician shall not give, solicit, or receive nor shall he offer to give solicit or receive, any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical or other treatment. This provision shall apply with equal force to the referring, recommending or procuring by a physician or any person, specimen or material for diagnostic purposes or other study/ work.
Medical Council of India (MCI) and the appropriate State Medical Councils have been empowered to take disciplinary action under these regulations which may include removal altogether or for a specified period from the Medical Register the name of the delinquent registered practitioner.
As per “The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002”, in cases of professional misconduct, it is open to the MCI and/or State Medical Councils to consider and decide upon the facts of the case. The appropriate medical council would hold enquiry and give opportunity to the registered medical practitioner to be heard. If found guilty, it may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, the name of the delinquent registered medical practitioner from the medical register. The complaints should be decided within a period of six months. MCI is an Appellate Authority in all cases of medical negligence and malpractice by medical professionals referred to it by all State Medical Councils.
The Health Minister stated this in a written reply in the Rajya Sabha here today.
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MV/BK/LK