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. Deletion from the Register shall be widely publicised in the local press as well as in the publications of different Medical Associations/ Societies/Bodies. 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. Follow such a tenet blindly and you could well find yourself on the wrong side of the law. monetary compensation can be initiated by either the patient or his/her dependents before appropriate Civil Courts or consumer forums. Professional courtesy requires the acceptance of such requests. Code of Ethics > Professional Misconduct. [5], In dealing with pharmaceutical and allied healthcare industry, a medical practitioner should follow and adhere to stipulations given below:-. | Powered by. 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. A doctor has a duty of care in deciding whether to undertake the case or not, duty in deciding what treatment to give, the duty of care in the administration of that treatment, duty not to undertake any procedure beyond his or her control. 1.8 Payment of Professional Services: The physician, engaged in the practice of medicine shall give priority to the interests of patients. Is professional misconduct different from medical negligence? In this article, Nawlendu Bhushan of Campus Law Centre discusses what constitutes professional misconduct by doctors and law related to the same. 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. A 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. It has been classified into the following categories:-, Duties and responsibilities of a physician in general, Responsibilities of physicians to each other, Duties of physicians to the public and the paramedical profession [4], Duties and responsibilities of physicians in general, Duties of physicians to the public and the paramedical profession, Stipulations for dealing with pharmaceuticals and allied healthcare industry. The tribunal also imposed conditions on Dr Naidu’s … 3.4 Statement to the 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. Violation will lead to censure or removal from the medical register for a specified period. 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. 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. It may permanently suspend the license to practice. Prescribing steroids and psychotropic drugs without absolute medical indication and selling schedule ‘H’ and ‘L’ and poison to general public falls under contravention of the act. A medical practitioner is open to writing to the lay press articles, deliver public lectures and give talks on various media on the matter of public health and hygienic living under his own name. Such consultation should be in the interest of patient only and not for any other consideration. Even under threat, I will not use my medical knowledge contrary to the laws of humanity. Ethical principles may differ depending on the profession; for example, professional ethics that relate to medical practitioners will differ from those that relate to lawyers or real estate agents. Request Maharashtra Government to file review petition in Supreme Court : matter regarding Dr Payal Tadv [with 600+ endorsements]’. Under the Vaccination Acts and the regulations made thereunder. It may refer the matter to the police for inquiry under relevant IPC sections [19], http://icfmt.net/journal/vol1no1/ethics.htmb, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002. Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002. 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. The following actions shall constitute professional misconduct (1) Committing adultery or improper conduct with a patient, or maintaining an improper association with a patient; (2) ... Issue of certificates in Homoeopathy to unqualified or non-medical persons provided that this shall not apply so as to restrict … A physician is not bound to treat each and every person asking for his services, but he should always be ready to respond to the calls of injured and sick. For imposing civil liability, proceedings can be initiated before an appropriate civil court or consumer forum. 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. 7.19 A physician shall not use touts or agents for procuring patients. the doctor was not possessed of the requisite skill which he professed to have possessed, or. Our Code of Conduct lets Council members demonstrate their commitment to providing the highest principles of professionalism and integrity in their role. This section provides a listing of all physicians, physician assistants, specialist assistants, and professional medical corporations who have been disciplined since 1990, or who are subject to a non-disciplinary Board Order, or upon whom charges of misconduct have been served. 1.1.3 No person other than a doctor having qualifications recognized by the Medical Council of India and registered with the Medical Council of India/ State Medical Council(s) is allowed to practice the Modern system of Medicine or Surgery. I will maintain by all means in my power, the honour and noble traditions of medical profession. 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: In case of communicable/notifiable diseases, the concerned public health authorities should be informed immediately. No cash or monetary grants should be accepted for individual purpose in individual capacity under any pretext. 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. So, different acts of misconduct given in the regulation are only extensive, not exhaustive. 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. It can order the practitioner to apologize publicly or to the aggrieved. Note : In government hospitals where the patient load is heavy, the name of the prescribing doctor must be written below his/her signature. Secrecy of medical dispositions of the patient must be maintained unless required to be revealed by law of the land. On 27 November 2015, the tribunal found that Dr Naidu had engaged in professional misconduct by having a sexual relationship with Patient A. We would like to show you a description here but the site won’t allow us. 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. Maternity home, nursing home, private hospital, rehabilitation centre or any type of training institution run by a medical practitioner 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. The Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, notified by the MCI in 2002 governs the regulation of professional conduct, ethics, and etiquettes for registered medical professionals. (Note: The foregoing does not restrict the proper training and instruction of bona fide students, midwives, dispensers, surgical attendants, or skilled mechanical and technical assistants and therapy assistants under the personal supervision of physicians.). They shall come into force on the date of their publication in the Official Gazette. Violation of the guidelines of ICMR (Indian Council of Medical Research) related to clinical drug trial and other research on patients or volunteers constitutes misconduct. Performing an operation without taking the consent in writing from the husband or wife, parent or guardian in the case of a minor, or the patient himself as the case may be, constitutes misconduct. All rights reserved | Designed & Developed by. [11] An action seeking imposition of civil liabilities i.e. monetary compensation can be initiated by either the patient or his/her dependents before appropriate Civil Courts or consumer forums. Romantic or sexual interactions detract from the goals of the patient-physician relationship and may exploit the vulnerability of the patient, compromise the physician’s ability to make objective judgments about the patient’s health care and ultimately be detrimental to the patient’s well-being. Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. 1.4.2 Physicians shall display as suffix to their names only recognised medical degrees or such certificates/diplomas and memberships/honours which confer professional knowledge or recognise any exemplary qualification/achievements. For personal accounts OR managers of institutional accounts. The REB should include people knowledgeable in the law and standards of practice and professional conduct. Pleading guilty with an intention to get less punishment may result in being pardoned or merit a warning. A medical practitioner is however permitted to make a formal announcement in press regarding the following: 6.1.2 Printing of self photograph, or any such material of publicity in the letter head or on the 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. Violation of any provision of the regulation is a ground for action under professional misconduct. Accordingly. Prenatal sex determination except for the purpose of diagnosing abnormalities and diseases attracts an imprisonment up to three years. They should enlighten the public concerning measures for prevention of epidemic and communicable diseases. Review why the Code is important and read the Code … The Indian Medical Council Act, 1956 empowers MCI (Medical Council of India) to make regulations for the professional conduct of doctors. It has been classified into the following categories:-. When issuing a medical certificate he/she shall always enter the identification marks of the patient and keep a copy of the certificate. The honoured ideals of the medical profession imply that the responsibilities of the physician extend not only to individuals but also to society. Criminal liability is imposed generally in cases of medical negligence as per the provisions of the Indian Penal Code. 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. (https://indiankanoon.org/doc/871062/), [7]S.304A, Causing death by negligence, Indian Penal Code 1860, [8]S.337, Causing hurt by act endangering life or personal safety of other, Indian Penal Code 1860, [9]S.338, Causing grievous hurt by act endangering life or personal safety of others, Indian Penal Code 1860, [10]S. 4 (2), S. 23(1), Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, [11]Jacob Mathew v. State of Punjab & Anr. 2.4 The patient must not be neglected: A physician is free to choose whom he will serve. The term professionalism was also used for the military profession around … Can arbitration solve competition law disputes? The disclosure of the opinion to the patient or his relatives or friends shall rest with the medical attendant. Under the Factory Acts and the regulations made thereunder. 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. It may issue a warning to the practitioner. Civil Liability for professional misconduct by doctors, Simple lack of care by practitioner constitutes a civil liability. 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 the lay press. Medical Practitioners should not accept any hospitality including hotel accommodation for self or any family member. No physician shall arbitrarily refuse treatment to a patient. Duties and responsibility of a physician are described in t, he Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, . 8.4 Decision on complaint against delinquent physician shall be taken within a time limit of 6 months. Physicians should disseminate advice on public health issues. [20], [1]http://icfmt.net/journal/vol1no1/ethics.htmb, [2]Ch 7, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, [3]Laxman Balkrishna Joshi (Dr) v. Dr. Trimbak Bapu Godbole AIR 1969 SC 128, [4]Ch. 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. Pertinent medical facts and recommendations must be consistent with good medical care. Note:- The nature and probable duration of the illness should also be specified . Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 - Indian Bare Act / Law / Statute / Kanoon - LawyerServices It may temporarily restrict the doctor from performing certain procedures or seeing certain types of patients. Doors of Lok Adalats can also be knocked at by the complainant. 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. ... the Council on matters about medical ethics and professional conduct. Violation for the first time will attract censure. Constitutionality of Special Courts and their functioning, All about lobbying in India with reference to other countries, WTO’s role in the facilitation of economic development. 3.1 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. Prescribing, manufacturing, promoting or selling any secret remedial drugs is unethical. Registered medical practitioners are required to issue certificates, notification, report and other documents of similar character for subsequent use in courts or administrative purposes. All the drugs prescribed by a physician should always carry a proprietary formula and clear name. 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. [12], If a medical practitioner is found guilty of professional misconduct by appropriate Medical Council, it may award punishment which includes removal of name from the register of medical practitioner permanently or for a specified period. 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. 7.8 A registered medical practitioner shall not contravene the provisions of the Drugs and Cosmetics Act and regulations made thereunder. Every care should be taken that the code is not violated in letter or spirit. Professional ethics are principles that govern the behaviour of a person or group in a business environment. [11] An action seeking imposition of civil liabilities i.e. 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. However, it shall be unethical if the benefits of such patents or copyrights are not made available in situations where the interest of a large population is involved. 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. ‘The preponderance of misconduct occurs because many authors are not informed on ethics, as these issues have generally not been addressed in medical undergraduate or postgraduate education.’ The truth of this statement is undermined by the absence of any advanced ethical framework required to understand that dishonest research activity is unethical, let alone its incommensurability … Sexual misconduct is an abuse of professional power and a violation of patient trust. Publishing photographs or case reports of patients without their permission, in any medical or other journals in a manner by which their identity could be made out is punishable. [6]. A team of doctors shall declare withdrawal of support system. These Regulations may be called the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002. 7.6 Sex determination tests: On no account shall sex determination tests 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. An arrest can be made only for the purpose of furthering the investigation or collecting evidence. Professional misconduct by doctors is such conduct which is considered disgraceful or dishonorable by other doctors of good repute and competence. I will treat my colleagues with all respect and dignity. [10], Simple lack of care by practitioner constitutes a civil liability. Sometimes a physician is required to render services to other physicians as a consultant or substitute. 3.1 Introduction. Medical ethics is based on a set of values that professionals can refer to in the case of any confusion or conflict. while dealing with pharmaceutical and allied healthcare sector. The Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, notified by the MCI in 2002 governs the regulation of professional conduct, ethics, and etiquettes for registered medical professionals. 7.10 A registered medical practitioner shall not issue certificates of efficiency in modern medicine to unqualified or non-medical persons. The word professionalism originally applied to vows of a religious order. Ethical principles underpin all professional codes of conduct. By no later than the year 1675, the term had seen secular application and was applied to the three learned professions: Divinity, Law, and Medicine. People from different professions have to follow different ethics, and they have to abide by the rules. The term malpractice refers to any professional misconduct that encompasses an unreasonable lack of skill or unfaithfulness in carrying out professional or fiduciary duties. 7.5 Conviction by court of law: Conviction by a court of law for offences involving moral turpitude/criminal acts. Professional misconduct is disgrace or dishonorable conduct of a professional and includes the breach of the duty of care. I will respect the secrets which are confined in me. Password * When an epidemic occurs a physician should not abandon his duty for fear of contracting the disease himself. A medical practitioner shall not contravene the provisions of Drugs and Cosmetics Act and regulations made thereunder. 1.8 Payment of Professional Services: The physician, engaged in the practice of medicine shall give priority to the interests of patients. Further extension may be granted by the MCI if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within 60 days. The Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002 lays down certain duties and responsibilities of medical practitioners towards their patients, to the general public, towards each other and to paramedical professionals. If you missed the NBC Day 1 2 & 3 Sessions you can watch them on our YouTube channel. [12], Where to file a complaint of professional misconduct by doctors. Physicians should merit the confidence of patients entrusted to their care, rendering to each a full measure of service and devotion. 2.2 Patience, delicacy and secrecy : Patience and delicacy should characterise the physician. 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. [2]. 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 may temporarily suspend the license to practice. 6 A major portion of the issues addressed in such codes of etiquette concern not moral issues in an immediate … 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. in contravention of the above provisions, shall constitute gross professional misconduct on the part of the physician. [3] Medical negligence is a breach of the duty of care resulting in damage or injury. It would be opened to them to seek further advice as they so desire. 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 the modern system of medicine or surgery. A physician shall not aid or abet or commit any of the following acts which shall be construed as unethical: 6.1.1 Soliciting of patients directly or indirectly, by a physician, by a group of physicians or by institutions or organisations, is unethical. nursing home, private hospital, rehabilitation centre or any type of training institution run by a medical practitioner 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. Professional Responsibilities to Patients 1. [13], For medical negligence, Prima facie evidence in the form of a credible opinion given by another competent doctor is needed to support the charge of rashness or negligence on the part of the accused doctor and file an FIR against the negligent doctor.[14]. Public services, in public services, in public offices or in ordinary employment in a routine manner ’! 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