NMC continues to reject patient appeals against state councils | India News

With the draft amendment bill of the NMC Act, which includes a provision allowing patients to appeal before the ethics board of the commission, in limbo since December 2022, the commission is repeatedly rejecting appeals filed by patients.In the latest rejection of a patient’s appeal on June 11, the section officer of the Ethics Section of NMC states that “To accept the appeal of non-medicos against SMC require the revision of the relevant provision of NMC Act 2019 i.e. passed by Parliament and any amend (sic) in the Act shall only be done by the act of Parliament.” The Ethics Board meanwhile is totally vacant as the health ministry is yet to complete the process of appointing members after the tenure of all its members came to an end. Hence, all communication is from the EMRB secretariat.A patient’s right to appeal was not a part of the Indian Medical Council Act 1956, which was replaced by NMC 2019. However, based on a 2002 Supreme Court order which upheld the patient’s right to appeal, a clause was added to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. Clause 8.8 which was added stated: “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”. Thus, patients had won the right to appeal without amending the IMC Act 1956 but by introducing a clause in the ethics regulations.“Section 30(3) of the NMC Act talks of a medical practitioner’s right to appeal against an SMC’s decision. It does not expressly prohibit or deny patients’ right to appeal. Similarly, the IMC Act also did not expressly prohibit patients’ appeals. Hence, the right was granted through addition of a clause in the ethics regulation and not through amendment of the IMC Act. The 2002 regulation has been in force right from the inception of the NMC,” argued Dr KV Babu an ophthalmologist and RTI activist. The NMC Act states that “the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder”. The ethics code was not replaced by the NMC, except briefly in August 2023.On August 2, 2023, the NMC brought in the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 to replace the ethics regulation of 2002. However, in the face of huge protests from doctors and the pharmaceutical and medical device industry against the new regulations, which stipulated generic prescription, the NMC announced on August 23, 2023, that the new regulations were being held in abeyance with immediate effect. Along with this, EMRB notified that Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 was being adopted and made effective “as if the same have been made by the commission by virtue of the powers vested under the NMC Act 2019”.In the NMC meeting held on December 12, 2023 it was decided that “all appeals received by the EMRB will be entertained”. The minutes of the meeting added: “Further, as regards action not being taken by State Medical Councils on complaints filed by non-medicos even after issuance of reminders by the boards. It was decided to send a communication by EMRB to State Medical Councils to complete the process in a time bound manner. In case of failure by the concerned SMC to act upon, EMRB may take over the complaint matter from the SMC and dispose of the same. This is noted by EMRB, and board will proceed further accordingly.”“It was illegal for the Ethics Board to reject appeals of patients as they had the right from the very inception of the NMC. But to continue to reject appeals after the gazette notification on ethics regulation 2002 in August 2023 and the NMC decision in December 2024 is wilful denial of patient rights and it is for the health ministry to intervene and put a stop to this,” said Dr Babu.In response to Dr Babu’s query to the health ministry on the status of the NMC Act amendment Bill, the ministry responded on April 30 this year that the matter was “under consideration with the ministry”.