Indian Medical Council

Act
J A N E T. S . B , A S S I S TA N T P R O F E S S O R , D E PA RT M E N T O F H O S P I TA L A D M I N I S T R AT I O N ,
S T. J O H N ’ S M E D I C A L C O L L E G E H O S P I TA L
Introduction
 The Medical Council of India was established in 1934 under the
Indian Medical Council Act, 1933.
 In 1956, the old Act was repealed and a new one was enacted.
 This was further modified in 1964, 1993 and 2001
Introduction
 This act provides for the setting up of the Medical Council of India
with powers to control the medical profession.
 It controls the education of doctors, recognition of degrees, their
registration and ethics.
 It can remove a doctor’s name from the register for immorality
involving abuse of the doctor-patient relationship or for certain
criminal convictions and on the recommendation of the State
Medical Council.
Introduction
 The IMC Act, 1956 is broadly concerned with undergraduate and
post graduate medical education in India, recognition of foreign
degrees and establishing uniform standards of medical education in
Indian universities.
 It also maintains a medical register of registered practitioners.
 If the SMC (State Medical Council) deletes the name of a medical
practitioner from its register, the IMC would also delete the name.
Code of Medical Ethics
 State Medical Councils investigate complaints of professional
misconduct. Such complaint must be in writing, signed by the
complainant and set out all the relevant facts. Each state has a set of
Medical Council Rules.
 It prohibits solicitation of patients, advertisements or publicity by
doctors of their professional skills, affiliations, appointments, honors
received by them etc.
 Renumeration or fees charged by a doctor must be clearly told to
the patient at the time of rendering treatment.
Duties of Physicians to their Patients
 Obligations to the sick:
 Though a physician is not bound to treat each and everyone asking
his services except in emergencies, for the sake of humanity and the
noble traditions of the profession, he should not only be ever ready
to respond to the calls of the sick and the injured, but should be
mindful of his mission and the responsibility in delivering of services.
 A physician should endeavor to add to the comfort of the sick by
making his visits at the hour indicated to the patients.
Duties of Physicians to their Patients
 Patience, Delicacy and Secrecy:
 Patience and delicacy should characterize the physician.
 Confidence concerning individual or domestic life entrusted by
patients to physician should never be revealed unless it is required
by the laws of the State.
Duties of Physicians to their Patients
 Prognosis:
 A physician should assure himself that the patient, his relatives or
his responsible friends have such knowledge of the patients
condition as will serve the best interests of the patient and the
family.
Duties of Physicians to their Patients
 The patient must not be neglected:
 A physician should respond to any request for his assistance in an
emergency.
 Once having undertaken a case, the physician should not neglect
the patient, nor he should withdrew from the case, without giving a
notice to the patient, his relatives, long in advance of his withdrawal
to allow them to secure another medical attendant.
Duties of the Physician to the Profession at
large
 Upholding the honor of the Profession:
 A physician is expected to uphold the dignity and honor of his
profession.
 Membership of Medical Societies:
 For the advancement of his profession, a physician should affiliate
with the medical societies and contribute his time, energy and
means so that these societies represent the ideals of the profession.
Duties of the Physician to the Profession
at large
 Safeguarding the profession:
 Every physician should aid in safeguarding the profession against
those who are deficient in moral character and education.
 A physician should not employ in connection with his professional
practice any attendant who is neither registered under the Medical
Acts and should not permit such persons to attend, treat or perform
operations upon patients as it is dangerous to public health.
Duties of the Physician to the Profession
at large
 Exposure to Unethical Conduct:
 A physician should expose, without fear or favor, any unethical
conduct on the part of the members of the profession.
 Investigation may be placed before officers of law, and the
physicians.
 Investigators may take the necessary disciplinary steps.
Duties of Physicians in Consultation:
 Consultation should be encouraged:
 In case of serious illness, especially in doubtful or difficult conditions
the physician should request consultation with another appropriate
physician.
 Consultation for patients benefit:
 In every consultation, the benefit to the patient is of first
importance.
 A physician should try to improve his medical knowledge and skills
and should make available to his patients and colleagues, the
benefits of his professional attainments.
Duties of Physicians in Consultation:
 Punctuality in consultation:
 Utmost punctuality should be observed by a physician in meeting
for consultation.
 Conduct in consultation:
 All due respect should be observed towards the physician in charge
of the case.
Duties of Physicians in Consultation:
 Treatment after consultation:
 No decision should refrain the attending physician from making
such subsequent variations in the treatment as any unexpected
change may require, but at the next consultation, reasons for the
variations should be stated.
 The attending physician may prescribe at any time for the patient in
the absence of the consultant only in case of emergency.
Duties of Physicians in Consultation:
 Medical Records: A physician should maintain the medical records
pertaining to the treatment of his patients as per the standard
proforma laid down in MCI Regulations 2002
 The records of the indoor patients shall be maintained for a period
of 3 years and the copy of the same shall be issued within a period of
72 hours on request from the patient/his authorized attendant or the
legal authorities.
Duties of Physicians in Consultation:
 Registration Certificates:
 A physician shall display the registration certificate (issued by the
MCI/State Medical Council) in his clinic and include his registration
number in all his prescriptions/ certificates money receipts issued to
the patients.
 A physician may display as suffix to his name, only recognized
medical degrees, certificates, diplomas, honors which confer
professional knowledge or recognition.
Other Duties of Physicians in
Consultation:
 A physician should notify the public health authorities of every case
of communicable disease under his care, in accordance with the rules
and regulations.
When an epidemic occurs, a physician should not abandon his duty
for fear of contracting the disease himself.
A physician cannot refuse to treat the case for fear of getting himself
infected while treating infectious diseases like AIDS.
 A consultant should not indulge in any insincerity, rivalry or envy. He
should not criticize the referring physician.
Activities that the Physicians are
Expected to Refrain From:
 Advertising and Running an open shop: Dispensing of drugs and
appliances by physicians.
 A physician shall not issue any approval, recommendation or
endorsement of any medical/non medical item, product or article for
commercial purpose.
Printing of self photograph or any such material of publicity in the letter
head or sign board is regarded as self advertisement and unethical.
A physician should not run an open shop for sale of medicine for
dispensing prescriptions prescribed by doctors other than him, and sale
of medical or surgical appliances.
Activities that the Physicians are
Expected to Refrain From:
 Rebates and Commission:
 A physician shall not give or receive any gift, gratuity, commission or
bonus in return for referring, recommending for medical, surgical or
other treatment.
 Secret Remedies:
 The prescription or dispensing by a physician of secret medicine, of
which he does not know the composition, or the manufacturer or
promotion of their use is unethical.
Activities that the Physicians are
Expected to Refrain From:
 Violation of human rights:
 Aiding mental or physical torture on other human beings by anyone,
in violation of human rights is unethical and a physician should
refrain from it.
 Euthanasia:
 Practice of Euthanasia or mercy killing as per MCI regulations is
unethical conduct. Euthanasia amounts to criminal offence.
Decision of withdrawal of life support will not be taken by the
treating physician alone. In brainstem death cases decision may be
taken by the team of doctors.
Professional Misconduct
Any misconduct on the part of the physician is liable for disciplinary action.
 Violation of any of the provisions of IMC Regulations, 2002
 Failure to maintain the medical records
 Conducting sex determination test
 Issuing any certificates which are untrue.
 Wrongful display of qualifications/ achievements.
 Any case of abuse by committing adultery with the patient.
 Any Act of Medical Termination of Pregnancy of normal female fetus amounting
to female feticide.
Professional Misconduct
 Any contravention of provisions of the Drug and Cosmetic Act:
Prescribing steroids etc.
 Performing an abortion or any illegal operation
 Disclosing the secrets of a patient
 Performing any procedure or operation without a written consent.
 Use of agents by a physician for procuring patients.
 Carrying out clinical drug trials involving patients without the
patient consent.
A Summary: Duties & Rights of the
Doctor
Duties:
 to exercise a reasonable degree of skill and knowledge regardless of
fee.
 To preserve life and prevent further damage.
 To attend to the patient as long as it requires and not to withdraw
without giving sufficient notice.
 To attend to the patient personally and ask for all the necessary
investigations to be carried out to arrive at a diagnosis.
A Summary: Duties & Rights of the
Doctor
To advise the patient to seek consultation with another colleague or
specialist when necessary
 To take proper precaution while dealing with those who are
incapable of taking care of themselves – children, elderly,
semiconsciousness or unconscious.
 To treat anyone under Geneva Convention, who is wounded and
sick irrespective of caste, creed, political affiliation, nationality.
A Summary: Duties & Rights of the
Doctor
To inform the patient or relatives the relevant facts about his illness.
 To be careful in handling drugs – not to mix poisonous substances
with non-poisonous.
 To owe duty of secrecy to the patient regarding the facts acquired
during professional relationship.
A Summary: Duties & Rights of the
Doctor
Rights:
 Rights to choose a patient- but not to be balanced with ethical
consideration so as to render medical aid in an emergency.
 Right to sue for fees
 Right to add title or qualifications to his name.
IMC (Indian Medical Council) has
now been to NMC (National
Medical Commission)
National Medical Commission
National Medical Commission (NMC) is an Indian regulatory body of
33 members which regulates medical education and medical
professionals. It replaced the Medical Council of India on 25
September 2020.
The Commission grants recognition of medical qualifications, gives
accreditation to medical schools, grants registration to medical
practitioners, and monitors medical practice and assesses the
medical infrastructure in India.
Aims and Objectives of NMC
 To improve and access the quality and affordable medical education.
 To ensure availability of adequate and high quality medical professionals in all
the areas of India.
 To promote healthcare and makes services of medical professionals. accessible
to all the citizens.
To encourage research work in medical education and services.
 To assess medical institutions periodically in a transparent manner.
 To maintain a medical register for India.
 To enforce high ethical standards in all aspects of medical services.
 To have an effective grievance redressal mechanism.
Boards
The commission consists of four autonomous boards:

•Under-Graduate Medical Education Board (UGMEB),

•Post-Graduate Medical Education Board (PGMEB),

•Medical Assessment and Rating Board and

•Ethics and Medical Registration Board

Composition
The NMC consists of 33 members, including:
a) a Chairperson (medical professionals only)
b) 10 ex officio Members:
•The President of the Under-Graduate Medical Education Board.
•The President of the Post-Graduate Medical Education Board.
•The President of the Medical Assessment and Rating Board.
•The President of the Ethics and Medical Registration Board.
Composition
•The Director General of Health Services, Directorate General of Health
Services, New Delhi.
•The Director General, Indian Council of Medical Research.
•Director of any of the All-India Institutes of Medical Sciences.
•Two persons from amongst the Directors of Postgraduate Institute of
Medical Education and Research, Jawaharlal Institute of Postgraduate
Medical Education and Research, Tata Memorial Hospital, Northeastern
Indira Gandhi Regional Institute of Health and Medical Sciences, and All
India Institute of Hygiene and Public Health
•One person to represent the Ministry of Health and Family Welfare.
Composition
c) 22 Part-time Members:
•Three Members appointed from amongst persons who have special
knowledge and professional experience in such areas including
management, law, medical ethics, health research, consumer or patient
rights advocacy, science and technology and economics.
•Ten members appointed on rotational basis from amongst the nominees
of the states/union territories in the Medical Advisory Council.
•Nine members appointed from amongst the nominees of the States and
Union territories in the Medical Advisory Council.
Of these at least 60% of the members must be medical practitioners.
Functions
(1) The Central Government shall constitute an advisory body to be
known as the Medical Advisory Council.
(2) The Council shall consist of a Chairperson and the following
members, namely:--
(a) the Chairperson of the Commission shall be the ex officio
Chairperson of the Council;
(b) every member of the Commission shall be the ex officio members
of the Council;
Functions
(c) one member to represent each State, who is the Vice-Chancellor
of a health University in that State, to be nominated by that State
Government
(d) one member to represent each Union territory, who is the Vice-
Chancellor of a health University in that Union territory, to be
nominated by the Ministry of Home Affairs in the Government of
India
(e) one member to represent each State and each Union territory
from amongst elected members of the State Medical Council, to be
nominated by that State Medical Council
Functions
(f) the Chairman, University Grants Commission;
(g) the Director, National Assessment and Accreditation Council;
(h) four members to be nominated by the Central Government from
amongst persons holding the post of Director in the Indian Institutes
of Technology, Indian Institutes of Management and the Indian
Institute of Science:
Functions of NMC:
 Regulating standards of medical institutions ( hospitals, diagnostic
labs, scanning centers , medical research institutions etc.
 Regulatory function on ethical and dignified practice by medical
professionals (doctors).
 Assessing the availability of human resources, medicines,
equipment and infrastructure in healthcare institutions and
Government and private medical colleges.
Functions of NMC:
 Framing guidelines for determination of fee for the MBBS and PG
seats in the private medical colleges.
 NEET/ NEXT - Common entrance examination for UG and PG
admissions.
 Ensuring compliance by the State Medical Councils with the
regulations made under the Act.
 Issuing Eligibility Certificate for the students who are studying MBBS
in abroad (FMG).
Thank You!!!