| MCESA | |
| CODE OF MEDICAL ETHICS | |
| Medical Council of India |
Code of Ethics Regulations, 2002
(Published in Part III, Section 4 of the Gazette of India, dated 6th April,2002)
MEDICAL COUNCIL OF INDIA
NOTIFICATION
New Delhi, dated 11th March, 2002
No. MCI-211(2)/2001/Registration. In exercise of the powers conferred under
section 20A read with section 33(m) of the Indian Medical Council Act, 1956 (102
of 1956), the Medical Council of India, with the previous approval of the
Central Government, hereby makes the following regulations relating to the
Professional Conduct, Etiquette and Ethics for registered medical practitioners,
namely:-
Short Title and Commencement:
These Regulations may be called the Indian Medical Council (Professional
conduct, Etiquette and Ethics) Regulations, 2002.
They shall come into force on the date of their publication in the Official
Gazette.
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
organisations. 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 thumb mark, 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; Prenatal 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.
Back to Index
CHAPTER 2
2. DUTIES OF PHYSICIANS TO THEIR PATIENTS
2.1 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-ΰ-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 patients condition. He should ensure 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.
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 patients consent to resign on the arrival of the physician
engaged.
Back to Index
CHAPTER 3
3. DUTIES OF PHYSICIAN IN CONSULTATION
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.
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 Patients 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 patientload is heavy, the name of the
prescribing doctor must be written below his/her signature.
Back to Index
CHAPTER 4
4. RESPONSIBILITIES OF PHYSICIANS TO 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 interests 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 Physicians 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.
Back to Index
CHAPTER 5
5 DUTIES OF PHYSICIANS 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.
Back to Index
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 aggrandizement.
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:
On starting practice.
On change of type of practice.
On changing address.
On temporary absence from duty.
On resumption of another practice.
On succeeding to another practice.
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.
6.4 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.
Back to Index
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 mothers 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 there under. Accordingly,
Prescribing steroids/ psychotropic drugs when there is no absolute medical
indication;
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 chemists 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
in a court of law under orders of the Presiding Judge;
in circumstances where there is a serious and identified risk to a specific
person and / or community; and
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 fertilization 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.
Back to Index
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.
Back to Index
APPENDIX - 1
DECLARATION
At the time of registration, each applicant shall be given a copy of the
following declaration by the Registrar concerned and the applicant shall read
and agree to abide by the same:
I solemnly pledge myself to consecrate my life to service of humanity.
Even under threat, I will not use my medical knowledge contrary to the laws of
Humanity.
I will maintain the utmost respect for human life from the time of conception.
I will not permit considerations of religion, nationality, race, party politics
or social standing to intervene between my duty and my patient.
I will practice my profession with conscience and dignity.
The health of my patient will be my first consideration.
I will respect the secrets which are confined in me.
I will give to my teachers the respect and gratitude which is their due.
I will maintain by all means in my power, the honour and noble traditions of
medical profession.
I will treat my colleagues with all respect and dignity.
I shall abide by the code of medical ethics as enunciated in the Indian Medical
Council (Professional Conduct, Etiquette and Ethics) Regulations 2002.
I make these promises solemnly, freely and upon my honour.
Signature
Name
Place
Address
Date
Back to Index
APPENDIX 2
FORM OF CERTIFICATE RECOMMENDED
FOR LEAVE OR EXTENSION OR COMMUNICATION
OF LEAVE AND FOR FITNESS
Signature of patient
or thumb impression ___________________________________________
To be filled in by the applicant in the presence of the Government Medical
Attendant, or Medical Practitioner.
Identification marks:-
__________________________
__________________________
I, Dr. _____________________________________ after careful examination of the
case certify hereby that _______________ whose signature is given above is
suffering from __________________ and I consider that a period of absence from
duty of ____________________ with effect from __________________ is absolutely
necessary for the restoration of his health.
I, Dr. ________________________ after careful examination of the case certify
hereby that ______________________ on restoration of health is now fit to join
service.
Place ___________________ Signature of Medical attendant.
Date ________________ Registration No. ___________________
(Medical Council of India / State Medical Council of
.....
. State)
Note:- The nature and probable duration of the illness should also be specified
. This certificate must be accompanied by a brief resume of the case giving the
nature of the illness, its symptoms, causes and duration.
APPENDIX-3
FORMAT FOR MEDICAL RECORD
(see regulation 3.1)
Name of the patient :
Age :
Sex :
Address :
Occupation :
Date of 1st visit :
Clinical note (summary) of the case:
Prov. : Diagnosis :
Investigations advised with reports:
Diagnosis after investigation:
Advice :
Follow up
Date:
Observations:
Signature in full
.
Name of Treating Physician
Back to Index
APPENDIX 4
LIST OF CERTIFICATES, REPORTS, NOTIFICATIONS ETC. ISSUED BY DOCTORS
FOR THE
PURPOSES OF VARIOUS ACTS / ADMINISTRATIVE REQUIREMENTS
Under the acts relating to birth, death or disposal of the dead.
Under the Acts relating to Lunacy and Mental Deficiency and under the Mental
illness Act and the rules made thereunder.
Under the Vaccination Acts and the regulations made thereunder.
Under the Factory Acts and the regulations made thereunder.
Under the Education Acts.
Under the Public Health Acts and the orders made thereunder.
Under the Workmens Compensation Act and Persons with Disability Act.
Under the Acts and orders relating to the notification of infectious diseases.
Under the Employees State Insurance Act.
In connection with sick benefit insurance and friendly societies.
Under the Merchant Shipping Act.
For procuring / issuing of passports.
For excusing attendance in courts of Justice, in public services, in public
offices or in ordinary employment.
In connection with Civil and Military matters.
In connection with matters under the control of Department of Pensions.
In connection with quarantine rules.
For procuring driving licence.
(DR. M. SACHDEVA)
SECRETARY
MEDICAL COUNCIL OF INDIA
Back to Index
|
Author's Name: MCESA |