Legal Remedies - In cases of professional misconduct by the Doctors
How to file a complaint?
Where to file?
Under which statute ?Under which Section/Rule?
Indian Medical Council (Professional Conduct,
Etiquette and Ethics) Regulations, 2002.
CHAPTER
I
1. CODE OF MEDICAL ETHICS
A.
Declaration: Each applicant, at the time of making an application for
registration under the provisions of the Act, shall be provided a copy of the
declaration and shall submit a duly signed Declaration as provided in Appendix
1. The applicant shall also certify that he/she had read and agreed to
abide by the same.
B. Duties
and responsibilities of the Physician in general:
1.1 Character
of Physician (Doctors with qualification of MBBS or MBBS with post
graduate degree/ diploma or with equivalent qualification in any medical
discipline):
1.1.1 A
physician shall uphold the dignity and honour of his profession.
1.1.2 The prime object of the medical
profession is to render service to humanity; reward or financial gain is a
subordinate consideration. Who-so-ever chooses his profession, assumes the
obligation to conduct himself in accordance with its ideals. A physician should
be an upright man, instructed in the art of healings. He shall keep himself
pure in character and be diligent in caring for the sick; he should be modest,
sober, patient, prompt in discharging his duty without anxiety; conducting
himself with propriety in his profession and in all the actions of his life.
1.1.3 No person other than a doctor having
qualification recognised by Medical Council of India and registered with
Medical Council of India/State Medical Council(s) is allowed to practice Modern
system of Medicine or Surgery. A person obtaining qualification in any other
system of Medicine is not allowed to practice Modern system of Medicine in any
form.
1.2 Maintaining
good medical practice:
1.2.1 The Principal objective of the medical
profession is to render service to humanity with full respect for the dignity
of profession and man. Physicians should merit the confidence of patients
entrusted to their care, rendering to each a full measure of service and devotion.
Physicians should try continuously to improve medical knowledge and skills and
should make available to their patients and colleagues the benefits of their
professional attainments. The physician should practice methods of healing
founded on scientific basis and should not associate professionally with anyone
who violates this principle. The honoured ideals of the medical profession
imply that the responsibilities of the physician extend not only to individuals
but also to society.
1.2.2 Membership
in Medical Society: For the advancement of his profession, a physician
should affiliate with associations and societies of allopathic medical
professions and involve actively in the functioning of such bodies.
1.2.3 A
Physician should participate in professional meetings as part of Continuing
Medical Education programmes, for at least 30 hours every five years, organized
by reputed professional academic bodies or any other authorized organsiations.
The compliance of this requirement shall be informed regularly to Medical
Council of India or the State Medical Councils as the case may be.
1.3 Maintenance of medical records:
1.3.1 Every physician shall maintain the
medical records pertaining to his / her indoor patients for a period of 3 years
from the date of commencement of the treatment in a standard proforma laid down
by the Medical Council of India and attached as Appendix 3.
1.3.2. If any request is made for medical
records either by the patients / authorised attendant or legal authorities
involved, the same may be duly acknowledged and documents shall be issued
within the period of 72 hours.
1.3.3 A Registered medical practitioner
shall maintain a Register of Medical Certificates giving full details of
certificates issued. When issuing a medical certificate he / she shall always
enter the identification marks of the patient and keep a copy of the
certificate. He / She shall not omit to record the signature and/or thumbmark,
address and at least one identification mark of the patient on the medical certificates
or report. The medical certificate shall be prepared as in Appendix 2.
1.3.4 Efforts shall be made to computerize
medical records for quick retrieval.
1.4 Display of registration numbers:
1.4.1 Every physician shall display the
registration number accorded to him by the State Medical Council / Medical
Council of India in his clinic and in all his prescriptions, certificates,
money receipts given to his patients.
1.4.2 Physicians shall display as suffix to
their names only recognized medical degrees or such certificates/diplomas and
memberships/honours which confer professional knowledge or recognizes any
exemplary qualification/achievements.
1.5 Use of
Generic names of drugs: Every physician should, as far as possible,
prescribe drugs with generic names and he / she shall ensure that there is a
rational prescription and use of drugs.
1.6 Highest Quality Assurance in patient
care: Every physician should
aid in safeguarding the profession against admission to it of those who are
deficient in moral character or education. Physician shall not employ in
connection with his professional practice any attendant who is neither
registered nor enlisted under the Medical Acts in force and shall not permit
such persons to attend, treat or perform operations upon patients wherever
professional discretion or skill is required.
1.7 Exposure
of Unethical Conduct: A Physician should expose, without fear or
favour, incompetent or corrupt, dishonest or unethical conduct on the part of
members of the profession.
1.8 Payment
of Professional Services: The physician, engaged in the practice of
medicine shall give priority to the interests of patients. The personal
financial interests of a physician should not conflict with the medical
interests of patients. A physician should announce his fees before rendering
service and not after the operation or treatment is under way. Remuneration
received for such services should be in the form and amount specifically
announced to the patient at the time the service is rendered. It is unethical
to enter into a contract of "no cure no payment". Physician rendering
service on behalf of the state shall refrain from anticipating or accepting any
consideration.
1.9 Evasion
of Legal Restrictions: The physician shall observe the laws of the
country in regulating the practice of medicine and shall also not assist others
to evade such laws. He should be cooperative in observance and enforcement of
sanitary laws and regulations in the interest of public health. A physician
should observe the provisions of the State Acts like Drugs and Cosmetics Act,
1940; Pharmacy Act, 1948; Narcotic Drugs and Psychotropic substances Act, 1985;
Medical Termination of Pregnancy Act, 1971; Transplantation of 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 Disabilities (Equal Opportunities and
Full Participation) Act, 1995 and Bio-Medical Waste (Management and Handling)
Rules, 1998 and such other Acts, Rules, Regulations made by the Central/State
Governments or local Administrative Bodies or any other relevant Act relating
to the protection and promotion of public health.
CHAPTER
2
2. DUTIES
OF PHYSICIANS TO THEIR PATIENTS
- Obligations to
the Sick:
2.1.1 Though a physician is not bound to
treat each and every person asking his services, he should not only be ever
ready to respond to the calls of the sick and the injured, but should be
mindful of the high character of his mission and the responsibility he
discharges in the course of his professional duties. In his treatment, he
should never forget that the health and the lives of those entrusted to his
care depend on his skill and attention. A physician should endeavour to add to
the comfort of the sick by making his visits at the hour indicated to the
patients. A physician advising a patient to seek service of another physician
is acceptable, however, in case of emergency a physician must treat the patient.
No physician shall arbitrarily refuse treatment to a patient. However for good
reason, when a patient is suffering from an ailment which is not within the
range of experience of the treating physician, the physician may refuse
treatment and refer the patient to another physician.
2.1.2 Medical practitioner having any
incapacity detrimental to the patient or which can affect his performance
vis-à-vis the patient is not permitted to practice his profession
2.2 Patience,
Delicacy and Secrecy: Patience and delicacy should characterize the
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 of the State. Sometimes, however, a
physician must determine whether his duty to society requires him to employ
knowledge, obtained through confidence as a physician, to protect a healthy
person against a communicable disease to which he is about to be exposed. In
such instance, the physician should act as he would wish another to act toward
one of his own family in like circumstances.
2.3 Prognosis:
The physician should neither exaggerate
nor minimize the gravity of a patient’s condition. He should ensure himself
that the patient, his relatives or his responsible friends have such knowledge
of the patient’s condition as will serve the best interests of the patient and
the family.
2.4 The
Patient must not be neglected: A
physician is free to choose whom he will serve. He should, however, respond to
any request for his assistance in an emergency. Once having undertaken a case,
the physician should not neglect the patient, nor should he withdraw from the
case without giving adequate notice to the patient and his family.
Provisionally or fully registered medical practitioner shall not willfully
commit an act of negligence that may deprive his patient or patients from
necessary medical care.
2.5 Engagement
for an Obstetric case: When a physician who has been engaged to attend
an obstetric case is absent and another is sent for and delivery accomplished,
the acting physician is entitled to his professional fees, but should secure
the patient’s consent to resign on the arrival of the physician engaged.
CHAPTER
3
2. DUTIES
OF PHYSICIAN IN CONSULTATION
- Unnecessary
consultations should be avoided:
3.1.1 However in case of serious illness and
in doubtful or difficult conditions, the physician should request consultation,
but under any circumstances such consultation should be justifiable and in the
interest of the patient only and not for any other consideration.
3.1.2 Consulting pathologists /radiologists
or asking for any other diagnostic Lab investigation should be done judiciously
and not in a routine manner.
3.2 Consultation for Patient’s Benefit:
In every consultation, the
benefit to the patient is of foremost importance. All physicians engaged in the
case should be frank with the patient and his attendants.
3.3 Punctuality in Consultation: Utmost punctuality should be observed by a
physician in making themselves available for consultations.
3.4 Statement to Patient after
Consultation:
3.4.1 All statements to the patient
or his representatives should take place in the presence of the consulting
physicians, except as otherwise agreed. The disclosure of the opinion to the
patient or his relatives or friends shall rest with the medical attendant.
3.4.2 Differences of opinion should not be
divulged unnecessarily but when there is irreconcilable difference of opinion
the circumstances should be frankly and impartially explained to the patient or
his relatives or friends. It would be opened to them to seek further advice as
they so desire.
3.5 Treatment after Consultation: No decision should restrain the attending
physician from making such subsequent variations in the treatment if any
unexpected change occurs, but at the next consultation, reasons for the
variations should be discussed/explained. The same privilege, with its
obligations, belongs to the consultant when sent for in an emergency during the
absence of attending physician. The attending physician may prescribe medicine
at any time for the patient, whereas the consultant may prescribe only in case
of emergency or as an expert when called for.
3.6 Patients Referred to Specialists:
When a patient is referred to a
specialist by the attending physician, a case summary of the patient should be
given to the specialist, who should communicate his opinion in writing to the
attending physician.
3.7 Fees
and other charges:
3.7.1 A
physician shall clearly display his fees and other charges on the board of his
chamber and/or the hospitals he is visiting. Prescription should also
make clear if the Physician himself dispensed any medicine.
3.7.2 A
physician shall write his name and designation in full along with registration
particulars in his prescription letter head.
Note: In Government hospital where the
patient–load is heavy, the name of the prescribing doctor must be written below
his/her signature.
CHAPTER
4
3. RESPONSIBILITIES
OF PHYSICIANS TO EACH OTHER
4.1 Dependence
of Physicians on each other : A physician should consider it as a
pleasure and privilege to render gratuitous service to all physicians and their
immediate family dependants.
4.2 Conduct
in consultation : In consultations, no insincerity, rivalry or envy
should be indulged in. All due respect should be observed towards the physician
in-charge of the case and no statement or remark be made, which would impair
the confidence reposed in him. For this purpose no discussion should be carried
on in the presence of the patient or his representatives.
4.3 Consultant
not to take charge of the case: When a physician has been called for
consultation, the Consultant should normally not take charge of the case,
especially on the solicitation of the patient or friends. The Consultant shall
not criticize the referring physician. He / she shall discuss the diagnosis
treatment plan with the referring physician.
4.4 Appointment
of Substitute: Whenever a physician requests another physician to
attend his patients during his temporary absence from his practice,
professional courtesy requires the acceptance of such appointment only when he
has the capacity to discharge the additional responsibility along with his /
her other duties. The physician acting under such an appointment should give
the utmost consideration to the inerests and reputation of the absent physician
and all such patients should be restored to the care of the latter upon his/her
return.
4.5 Visiting
another Physician’s Case: When it becomes the duty of a physician
occupying an official position to see and report upon an illness or injury, he
should communicate to the physician in attendance so as to give him an option
of being present. The medical officer / physician occupying an official
position should avoid remarks upon the diagnosis or the treatment that has been
adopted.
CHAPTER
5
5 DUTIES
OF PHYSICIAN TO THE PUBLIC AND TO THE PARAMEDICAL PROFESSION
5.1 Physicians
as Citizens: Physicians, as good citizens, possessed of special
training should disseminate advice on public health issues. They should play
their part in enforcing the laws of the community and in sustaining the
institutions that advance the interests of humanity. They should particularly
co-operate with the authorities in the administration of sanitary/public health
laws and regulations.
5.2 Public
and Community Health: Physicians, especially those engaged in public
health work, should enlighten the public concerning quarantine regulations and
measures for the prevention of epidemic and communicable diseases. At all times
the physician should notify the constituted public health authorities of every
case of communicable disease under his care, in accordance with the laws, rules
and regulations of the health authorities. When an epidemic occurs a physician
should not abandon his duty for fear of contracting the disease himself.
5.3 Pharmacists
/ Nurses: Physicians should recognize and promote the practice of
different paramedical services such as, pharmacy and nursing as professions and
should seek their cooperation wherever required.
CHAPTER
6
6. UNETHICAL
ACTS: A physician shall not aid or abet or commit any of the following
acts which shall be construed as unethical -
6.1 Advertising:
6.1.1 Soliciting
of patients directly or indirectly, by a physician, by a group of physicians or
by institutions or organisations is unethical. A physician shall not make use
of him / her (or his / her name) as subject of any form or manner of
advertising or publicity through any mode either alone or in conjunction with
others which is of such a character as to invite attention to him or to his
professional position, skill, qualification, achievements, attainments,
specialities, appointments, associations, affiliations or honours and/or of
such character as would ordinarily result in his self aggrandisement. A
physician shall not give to any person, whether for compensation or otherwise,
any approval, recommendation, endorsement, certificate, report or statement
with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic
article, apparatus or appliance or any commercial product or article with
respect of any property, quality or use thereof or any test, demonstration or
trial thereof, for use in connection with his name, signature, or photograph in
any form or manner of advertising through any mode nor shall he boast of cases,
operations, cures or remedies or permit the publication of report thereof
through any mode. A medical practitioner is however permitted to make a formal
announcement in press regarding the following:
1.
On starting practice
2.
On change of type of practice
3.
On changing address
4.
On temporary absence from duty
5.
On resumption of another practice
6.
On succeeding to another practice
7.
Public declaration of charges
6.1.2 Printing
of self photograph, or any such material of publicity in the letter head or on
sign board of the consulting room or any such clinical establishment shall be
regarded as acts of self advertisement and unethical conduct on the part of the
physician. However, printing of sketches, diagrams, picture of human system
shall not be treated as unethical.
6.2 Patent
and Copy rights: A physician may patent surgical instruments,
appliances and medicine or Copyright applications, methods and procedures.
However, it shall be unethical if the benefits of such patents or copyrights
are not made available in situations where the interest of large population is
involved.
6.3 Running
an open shop (Dispensing of Drugs and Appliances by Physicians): - A
physician should not run an open shop for sale of medicine for dispensing
prescriptions prescribed by doctors other than himself or for sale of medical
or surgical appliances. It is not unethical for a physician to prescribe or
supply drugs, remedies or appliances as long as there is no exploitation of the
patient. Drugs prescribed by a physician or brought from the market for a
patient should explicitly state the proprietary formulae as well as generic
name of the drug.
4. Rebates
and Commission:
6.4.1 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. A physician shall not directly or
indirectly, participate in or be a party to act of division, transference,
assignment, subordination, rebating, splitting or refunding of any fee for
medical, surgical or other treatment.
6.4.2 Provisions
of para 6.4.1 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. Nothing in this section,
however, shall prohibit payment of salaries by a qualified physician to other
duly qualified person rendering medical care under his supervision.
6.5 Secret
Remedies: The prescribing or dispensing by a physician of secret
remedial agents of which he does not know the composition, or the manufacture
or promotion of their use is unethical and as such prohibited. All the drugs
prescribed by a physician should always carry a proprietary formula and clear
name.
6.6 Human
Rights: The physician shall not aid or abet torture nor shall he be a
party to either infliction of mental or physical trauma or concealment of
torture inflicted by some other person or agency in clear violation of human
rights.
6.7 Euthanasia:
Practicing euthanasia shall constitute unethical conduct. However on
specific occasion, the question of withdrawing supporting devices to sustain
cardio-pulmonary function even after brain death, shall be decided only by a
team of doctors and not merely by the treating physician alone. A team of
doctors shall declare withdrawal of support system. Such team shall consist of
the doctor in charge of the patient, Chief Medical Officer / Medical Officer in
charge of the hospital and a doctor nominated by the in-charge of the hospital
from the hospital staff or in accordance with the provisions of the
Transplantation of Human Organ Act, 1994.
CHAPTER
7
7. MISCONDUCT:
The following acts of commission or
omission on the part of a physician shall constitute professional misconduct
rendering him/her liable for disciplinary action -
7.1 Violation of the Regulations: If he/she commits any violation of these
Regulations.
7.2 If he/she does not maintain the medical records of his/her indoor
patients for a period of three years as per regulation 1.3 and refuses to
provide the same within 72 hours when the patient or his/her authorised
representative makes a request for it as per the regulation 1.3.2.
7.3 If he/she does not display the registration number accorded to him/her
by the State Medical Council or the Medical Council of India in his clinic,
prescriptions and certificates etc. issued by him or violates the provisions of
regulation 1.4.2.
7.4 Adultery
or Improper Conduct: Abuse of professional position by committing adultery
or improper conduct with a patient or by maintaining an improper association
with a patient will render a Physician liable for disciplinary action as
provided under the Indian Medical Council Act, 1956 or the concerned State
Medical Council Act.
7.5 Conviction
by Court of Law: Conviction by a Court of Law for offences involving moral
turpitude / Criminal acts.
7.6
Sex Determination Tests: On no account sex determination test shall be
undertaken with the intent to terminate the life of a female foetus developing
in her mother’s womb, unless there are other absolute indications for
termination of pregnancy as specified in the Medical Termination of Pregnancy
Act, 1971. Any act of termination of pregnancy of normal female foetus
amounting to female foeticide shall be regarded as professional misconduct on
the part of the physician leading to penal erasure besides rendering him liable
to criminal proceedings as per the provisions of this Act.
7.7 Signing
Professional Certificates, Reports and other Documents: Registered medical
practitioners are in certain cases bound by law to give, or may from time to
time be called upon or requested to give certificates, notification, reports
and other documents of similar character signed by them in their professional
capacity for subsequent use in the courts or for administrative purposes etc.
Such documents, among others, include the ones given at Appendix –4. Any
registered practitioner who is shown to have signed or given under his name and
authority any such certificate, notification, report or document of a similar
character which is untrue, misleading or improper, is liable to have his name
deleted from the Register.
7.8 A
registered medical practitioner shall not contravene the provisions of the
Drugs and Cosmetics Act and regulations made thereunder. Accordingly, -
a. Prescribing
steroids/ psychotropic drugs when there is no absolute medical indication;
b. selling Schedule
‘H’ & ‘L’ drugs and poisons to the public except to his patient;
in contravention
of the above provisions shall constitute gross professional misconduct on the
part of the physician.
7.9
Performing or enabling unqualified person to perform an abortion or any illegal
operation for which there is no medical, surgical or psychological indication.
7.10 A
registered medical practitioner shall not issue certificates of efficiency in
modern medicine to unqualified or non-medical person.
(Note: The
foregoing does not restrict the proper training and instruction of bonafide
students, midwives, dispensers, surgical attendants, or skilled mechanical and
technical assistants and therapy assistants under the personal supervision of
physicians.)
7.11 A
physician should not contribute to the lay press articles and give interviews
regarding diseases and treatments which may have the effect of advertising
himself or soliciting practices; but is open to write to the lay press under
his own name on matters of public health, hygienic living or to deliver public
lectures, give talks on the radio/TV/internet chat for the same purpose and
send announcement of the same to lay press.
7.12 An
institution run by a physician for a particular purpose such as a maternity
home, nursing home, private hospital, rehabilitation centre or any type of
training institution etc. may be advertised in the lay press, but such
advertisements should not contain anything more than the name of the
institution, type of patients admitted, type of training and other facilities
offered and the fees.
7.13 It
is improper for a physician to use an unusually large sign board and write on
it anything other than his name, qualifications obtained from a University or a
statutory body, titles and name of his speciality, registration number
including the name of the State Medical Council under which registered. The
same should be the contents of his prescription papers. It is improper to affix
a sign-board on a chemist’s shop or in places where he does not reside or work.
7.14 The
registered medical practitioner shall not disclose the secrets of a patient
that have been learnt in the exercise of his / her profession except –
i) in a court of law under orders of the Presiding
Judge;
ii) in
circumstances where there is a serious and identified risk to a specific person
and / or community; and
iii) notifiable diseases.
In case of
communicable / notifiable diseases, concerned public health authorities should
be informed immediately.
7.15 The
registered medical practitioner shall not refuse on religious grounds alone to
give assistance in or conduct of sterility, birth control, circumcision and
medical termination of Pregnancy when there is medical indication, unless the
medical practitioner feels himself/herself incompetent to do so.
7.16
Before performing an operation the physician should obtain in writing the
consent from the husband or wife, parent or guardian in the case of minor, or
the patient himself as the case may be. In an operation which may result in
sterility the consent of both husband and wife is needed.
7.17 A
registered medical practitioner shall not publish photographs or case reports
of his / her patients without their permission, in any medical or other journal
in a manner by which their identity could be made out. If the identity is not
to be disclosed, the consent is not needed.
7.18 In
the case of running of a nursing home by a physician and employing assistants
to help him / her, the ultimate responsibility rests on the physician.
7.19 A
Physician shall not use touts or agents for procuring patients.
7.20 A
Physician shall not claim to be specialist unless he has a special
qualification in that branch.
7.21 No
act of invitro fertilisation or artificial insemination shall be undertaken
without the informed consent of the female patient and her spouse as well as
the donor. Such consent shall be obtained in writing only after the patient is
provided, at her own level of comprehension, with sufficient information about
the purpose, methods, risks, inconveniences, disappointments of the procedure
and possible risks and hazards.
7.22 Research:
Clinical drug trials or other research involving patients or volunteers as per
the guidelines of ICMR can be undertaken, provided ethical considerations are
borne in mind. Violation of existing ICMR guidelines in this regard shall
constitute misconduct. Consent taken from the patient for trial of drug or
therapy which is not as per the guidelines shall also be construed as
misconduct.
7.23 If a
physician posted in rural area is found absent on more than two occasions
during inspection by the Head of the District Health Authority or the Chairman,
Zila Parishad, the same shall be construed as a misconduct if it is recommended
to the Medical Council of India/State Medical Council by the State Government
for action under these Regulations.
7.24 If a
physician posted in a medical college/institution both as teaching faculty or
otherwise shall remain in hospital/college during the assigned duty hours. If
they are found absent on more than two occasions during this period, the same
shall be construed as a misconduct if it is certified by the Principal/Medical
Superintendent and forwarded through the State Government to Medical Council of
India/State Medical Council for action under these Regulations.
CHAPTER
8
8. PUNISHMENT AND DISCIPLINARY ACTION
8.1 It must be clearly understood that the instances of offences and of
Professional misconduct which are given above do not constitute and are not
intended to constitute a complete list of the infamous acts which calls for
disciplinary action, and that by issuing this notice the Medical Council of
India and or State Medical Councils are in no way precluded from considering
and dealing with any other form of professional misconduct on the part of a
registered practitioner. Circumstances may and do arise from time to time in
relation to which there may occur questions of professional misconduct which do
not come within any of these categories. Every care should be taken that the
code is not violated in letter or spirit. In such instances as in all others,
the Medical Council of India and/or State Medical Councils have to consider and
decide upon the facts brought before the Medical Council of India and/or State
Medical Councils.
8.2 It is made clear that any complaint with regard to professional
misconduct can be brought before the appropriate Medical Council for
Disciplinary action. Upon receipt of any complaint of professional misconduct,
the appropriate Medical Council would hold an enquiry and give opportunity to
the registered medical practitioner to be heard in person or by pleader. If the
medical practitioner is found to be guilty of committing professional
misconduct, the appropriate Medical Council may award such punishment as deemed
necessary or may direct the removal altogether or for a specified period, from
the register of the name of the delinquent registered practitioner. Deletion
from the Register shall be widely publicized in local press as well as in the
publications of different Medical Associations/ Societies/Bodies.
8.3 In case the punishment of removal from the register is for a limited
period, the appropriate Council may also direct that the name so removed shall
be restored in the register after the expiry of the period for which the name
was ordered to be removed.
8.4 Decision on complaint
against delinquent physician shall be taken within a time limit of 6 months.
8.5 During the pendency of the
complaint the appropriate Council may restrain the physician from performing
the procedure or practice which is under scrutiny.
8.6 Professional incompetence shall be judged by peer group as per
guidelines prescribed by Medical Council of India.
8.7 Where either on a request or otherwise the Medical Council of India is informed that any complaint against a delinquent physician has not been decided by a State Medical Council within a period of six months from the date of receipt of complaint by it and further the MCI has reason to believe that there is no justified reason for not deciding the complaint within the said prescribed period, the Medical Council of India may-
(i) Impress upon the concerned State Medical council to conclude and decide the complaint within a time bound schedule;
(ii) May decide to withdraw the said complaint pending with the concerned State Medical Council straightaway or after the expiry of the period which had been stipulated by the MCI in accordance with para(i) above, to itself and refer the same to the Ethical Committee of the Council for its expeditious disposal in a period of not more than six months from the receipt of the complaint in the office of the Medical Council of India.”
8.8 Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council:
Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days.
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