Breaking News: NMC puts its controversial Registered Medical Practitioner (Professional Conduct) Regulations, 2023 on hold
New Delhi: Soon after the reports of the Union Health Ministry asking the National Medical Commission (NMC) to modify the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023, the Ethics and Medical Registration Board (EMRB) of the Commission has put the regulations on hold.
Issuing a gazette notification on August 23, 2023, the NMC Ethics Board has clarified that the NMC RMP 2023 regulations will not be operative and effective till further Gazette Notification issued by NMC.
Further, the Commission has adopted the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002” and made it effective with immediate effect. The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 have also been made effective by NMC.
"That National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023, are hereby held in abeyance with immediate effect," the gazette notification issued by the NMC stated.
The notification further clarified "That for removal of doubts, it is clarified that the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023, shall not be operative and effective till further Gazette Notification on the subject by the National Medical Commission."
With this, the old MCI 2002 regulations will be valid.
"That the National Medical Commission hereby adopts and makes effective with immediate effect the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002”, as if the same have been made by the Commission by virtue of the powers vested under the National Medical Commission Act, 2019 (Act No. 30 of 2019)," the gazette stated.
"That for removal of doubts, it is clarified that Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, shall come into force with immediate effect," it further added.
Controversies Regarding National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023:
The gazette comes immedately after the Union Health Ministry has written to the Commission to modify the recent NMC RMP Regulations 2023 and make changes in the regulations on various issues including the clause making it mandatory for doctors to prescribe generic drugs.
Since the publication of these regulations in the official gazette on August 02, 2023, these rules have faced various controversies. Doctors mainly objected to the rule of mandatory prescription of generic medicines.
Medical Dialogues had earlier reported that doctors were objecting to the new NMC regulations which made it mandatory for the doctors to prescribe generic/pharmacological names of the medicines only.
Chapter 1 Section 8 of the NMC RMP Regulations 2023 states,
"Prescribing Generic Medicines: Every RMP should prescribe drugs using generic names written legibly and prescribe drugs rationally, avoiding unnecessary medications and irrational fixed-dose combination tablets. (L1 and/or L2)(Generic Drugs and Prescription guidelines)."
According to section 12 (b) of the said regulations state: "RMP can prescribe or supply drugs, remedies, or appliances as long as there is no exploitation of the patients. Drugs prescribed by RMP or bought from the pharmacy for a patient should explicitly state the generic name of the drug. (L2)"
Further, Guidance to RMPs line 1 states "Prescribe drugs with “generic”/“non-proprietary”/“pharmacological” names only."
More importantly, the new code of Conduct laid stress on generic prescriptions by doctors only, making violation of the same a punishable offence where punishment can lead to suspension of licence for up to 30 days.
However, these regulations were opposed by the medical fraternity and IMA had earlier demanded deferring the implementation of the NMC regulations that make it mandatory for doctors to prescribe generic drugs, stating the biggest impediment to such medicines is the uncertainty about their quality. Stating that less than 0.1 per cent of the drugs manufactured in India are tested for quality, the association mentioned in a statement, “This step should be deferred till the government can assure the quality of all the drugs released into the market. Patient care and safety are not negotiable.”
Recently, to discuss the "issues" with the regulations, the Union Health Minister Mansukh Mandaviya had called a meeting with IMA. The National Medical Commission, Union Health Secretary, and the Director General of the Indian Pharmaceutical Alliance also participated in the meeting.
After the meeting, IMA wrote to the Union Health Minister and submitted its objections to certain sections of the regulations. Noting that an association egistered under the Societies Act does not fall under the purview of NMC, IMA demanded an exemption from the NMC RMP Regulations 2023.
In the same letter, putting forward the demands of the medical fraternity, the association also asked the Union Health Minister to withdraw the mandatory nature of the regulations on the prescription of generic drugs and make digitalisation desirable yet optional.
The association further demanded to allow the professional associations to use pharma funding for CMEs and educational / research activities in a transparent and bonafide manner.
To view the Gazette Notification, click on the link below:
https://medicaldialogues.in/pdf_upload/nmc-gazette-217430.pdf
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