Breaking: Health Ministry Moves to Abolish NBE, establish New Board under NMC itself

New Delhi: The National Board of Examinations in Medical Sciences (NBEMS, NBE) may cease to exist soon since the Union Ministry of Health and Family Welfare has proposed to replace it with a new autonomous board under the National Medical Commission i.e. Board of Examinations in Medical Sciences (BEMS). This will be the very body that will be in charge of Conducting the incumbent National Exit Test (NEXT)

Proposing amendments to the existing National Medical Commission (NMC) Act 2019, the Health Ministry has decided to incorporate the Board of Examinations in Medical Sciences (BEMS) as the Fifth Autonomous Board under the National Medical Commission (NMC), which is the apex medical education regulatory body.

Apart from this, the Ministry has also suggested to provide provision for patients and their relatives to prefer appeal in the Ethics and Medical Registration Board of NMC against the decision of the State Medical Council regarding complaints related to medical negligence or professional misconduct.

Established back in 1975, NBEMS is an autonomous body under the Union Ministry of Health and Family Welfare as a Society under Delhi Society Registration Act. NBE oversees the process of awarding Diplomate of National Board (DNB) degrees in various specialties and super-specialties, which are included in the First Schedule of Indian Medical Council Act, 1956.

National Medical Commission (NMC) replaced the Medical Council of India (MCI), which was operating since 1934. A high-level committee headed by Niti Aayog Vice Chairman Arvind Panagariya had proposed scrapping of MCI and replacing with the NMC. Accordingly, NMC Act 2019 came into force on 25.09.2020.

Currently, there are four Autonomous Boards operating under NMC. They are- Under-Graduate Medical Education Board, the Post-Graduate Medical Education Board, Medical Assessment and Rating Board and the Ethics and Medical Registration Board.

Now, the Health Ministry has proposed to replace NBEMS with the Board of Examinations in Medical Sciences (BEMS) as a Fifth Autonomous Board under NMC. Issuing a Public Notice in this regard, the Ministry stated, "An Amendment has been proposed in the existing National Medical Commission (NMC) Act, 2019. It has been decided to make amendments in the NMC Act, 2019 to incorporate following provisions:

i. for setting up a Fifth Autonomous Board, namely Board of Examinations in Medical Sciences, under National Medical Commission.

ii. to incorporate provision in the parent Act that jurisdiction in the cases filed, by Medical Colleges/Institutions, in matter related to NMC shall be Delhi High Court only

iii. to provide provision for patients/their relatives/complainant to prefer appeal in the Ethics and Medical Registration Board/National Medical Commission against the decision/action of State Medical Council in complaints related to medical negligence/professional misconduct."

Inviting comments in this regard from the public and stakeholders, the Notice further mentioned, "It has been decided to solicit suggestions/comments/objections from the public/stakeholders with regard to the said draft Amendment Bill. The suggestions/comments/objections may be forwarded within 30 days from the date of issue of this Notice by email to sunilk.gupta35anic.in or by post to Under Secretary (Medical Education Policy Section), Ministry of Health & Family Welfare, Room No. 514, A Wing, Nirman Bhawan, New Delhi -- 110011. The suggestions/comments/objections received on the above email/address within the period of 30 days from the date of issue the Notice, shall be taken into consideration for finalization of the notification."

Proposed Amendments: 

As per the proposed amendments, the Section 2 of the NMC Act 2019, in Clause (I), for the words National Board of Examinations in Medical Sciences in the clause (I) shall be substituted and after clause (I), another clause will be added to the note that the Board of Examinations in Medical Sciences means the Board constituted under Section 16. Along with this, other relevant sections of the Act will also be changed to incorporate this new modifications.

Roles and Responsibilities of BEMS: 

Among its various responsibilities, the new BEMS shall perform the following functions:

(a) conduct the National Exit Test (NEXT)

(b) accredit medical institutions for conducting Diploma, Diplomate and Fellowship post graduate and Diplomate and Fellowship super-speciality courses

(c) determine the minimum requirements and standards for conducting Diploma, Diplomate, and Fellowship Postgraduate and Diplomate and Fellowship Super-speciality courses and their examinations in medical institution, in accordance with the regulations made under the Act.

(d) conduct exit examinations for award of Diploma, Diplomate and Fellowship qualifications

(e) conduct any such examinations of any institution as assigned to it by the Commission or by the Central government

(f) grant degree and diploma for Diplomate and Fellowship qualifications.

"The Board of Examinations in Medical Sciences may, in the discharge of its duties, make such recommendations to, and seek directions from, the Commission as it deems necessary," stated the public notice in this regard.

However, elaborating on the proposed amendments that dissolves the National Board of Examinations in Medical Sciences registered under Societies Registration Act, 1860, the Health Ministry has clarified that despite the dissolution of NBEMS, it shall not affect- 

(a) the previous operation of NBEMS so repealed or anything duly done of suffered there-under, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred by NBEMS, or

(c) any penalty incurred in respect of any contravention under the Rules or bye laws of NBEMS ; or

(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty and any proceeding or remedy may be instituted, constituted or enforced, and any such penalty may be imposed as if that NBEMS had not been dissolved.

However, the notice clarifies that the President of NBEMS, and every other person appointed as the member of Governing Board shall vacate their respective office before the dissolution. 

"Provided that any officer or other employee who has been working in the NBEMS shall, on such dissolution be given an option to stand subsumed under NMC or shall be entitled to claim such compensation, as determined by the Commission, for the premature termination of term of their office or of any contract of service," read the notice

"Provided further that any officer or other employee on deputation basis to NBEMS shall, on such dissolution, stand reverted to his/ her parent cadre, Ministry or Department, as the case may be," it added.

Fate of DNB or Fellowship Qualifications: 

The notice mentioned, "Notwithstanding the dissolution of National Board of Examinations in Medical Sciences, any order made, any lnstitute accreditate for conducting Diplomate or Fellowship qualification shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the rules and by laws of National Board of Examinations in Medical Sciences."

The Commission shall be the successor in interest to the National Board of Examinations in Medical Sciences including its subsidiaries or owned trusts and all the assets and liabilities of the National Board of Examinations in Medical Sciences shall be deemed to have been transferred to the Commission.

"Notwithstanding the dissolution of National Board of Examinations in Medical Sciences, the accreditation criteria, requirements and other provisions of the National Board of Examinations in Medical Sciences and rules framed by it shall continue to be in force and operate till new criteria or requirements are made under the provision of section 27A," further read the proposed amendments.

Provided that anything done or any action taken under rules of NBEMS deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act.

To view the notice, click on the link below:

https://medicaldialogues.in/pdf_upload/nmc-act-amendment-bill-196065.pdf

Also Read: Breaking: MCI BOG dissolved, National Medical Commission Takes over