Health Minister Calls for Meeting to 'discuss issues' with newly notified NMC RMP Regulations 2023
New Delhi: After the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 were published in the official Gazette on August 2, 2023, the Union Health Minister Mansukh Mandaviya has now called for a meeting to discuss the 'issues' on these newly notified regulations.
Apart from the National Medical Commission (NMC) and government officials, the Minister has also asked the Indian Medical Association (IMA) to remain present at the meeting scheduled for today i.e. August 21, 2023, at 4:30 PM. The Union health secretary and the director general of the Indian Pharmaceutical Alliance will also be present.
Meanwhile, IMA in a recent statement has informed that the discussions with the Health Minister will concern the issues including the mandatory prescription of generic drugs.
"IMA Hq has taken up the NMC Regulations issue including the mandatory prescription of generic drugs with Government of India at the appropriate level. IMA has been invited for a discussion. Input from everyone in this regard is welcome," read the statement from the National President of IMA Dr. Sharad Aggarwal, and Dr Anilkumar J Nayak, the Secretary General of the association.
Medical Dialogues had earlier reported that over a year after putting its draft code of conduct in the public domain, NMC finally notified the NMC Registered Medical Practitioner (Professional Conduct) Regulations 2023 through a gazette notification on August 2nd, 2023 and since then these regulations have been enforceable.
Also Read: How to write a Prescription: Check out NMC's Prescription guidelines for doctors
These regulations, which replaced the erstwhile Medical Council of India MCI’s Code of Medical Ethics 2002, prescribe a code of ethics mandatorily to be adopted by every practitioner of modern medicine who is registered under the NMC Act and is practising in the country.
Doctors Oppose Rules to Mandatorily Prescribe Generic Medicine:
Medical Dialogues had earlier reported that the new Regulations, NMC has laid down two major dictums for the doctors to follow while writing a prescription for a doctor- Prescribe Rational, Prescribe Generic.
Dedicating a separate section to "Generic Medicine and Prescription guidelines" that is going to act as a benchmark for doctors to write their prescriptions, the guidelines lay down the various Dos and Don'ts, when it comes to writing prescriptions. The guidelines also give a template of a model prescription, which may be followed while writing a prescription.
Section 8 of the National Medical Commission Registered Medical Practitioner RMP (Professional Conduct) 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)"
Meanwhile 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)"
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.
Also Read: Mandatory Generic Prescriptions: IMA demands Deferring implementation of NMC regulations
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.”
Finally, the issue has been taken up by the Association to the Central Government authorities and the Health Minister has called for a meeting to discuss these issues.
"Hon'ble Minister of Health & Family Welfare and Chemicals & Fertilizers has desired to have a meeting at 1630HRS on 21st August, 2023 (Monday) in the conference Hall at Room No. 348-A, Nirman Bhawan, New Delhi to discuss issues on newly notified Regulation - National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023," mentioned a circular issued by Addl. PS to Minister of Health and FW, Suresh Kumar Nayak.
"It is, therefore, requested to make it convenient to attend the above meeting along with concerned AS/JS. PPT/relevant documents may be sent to this office & on email ID meetings-hfm@gov.in," it further added.
NMC Bars Doctors from receiving gifts, travel facilities from pharma companies:
Apart from laying down the guidelines for writing a prescription, NMC also ordered a major crackdown on the unethical practices of some members of the medical fraternity on taking freebies and benefits from pharmaceuticals, medical devices and allied healthcare companies in lieu of indirect promotion of their products, including prescriptions.
While the major feature of the guidelines has been a blanket direction to doctors to prescribe generic names, there has been a separate clause dedicated to engagement with pharma, commercial healthcare establishments, medical device companies, or corporate hospitals.
Section 35 of the National Medical Commission Registered Medical Practitioner RMP (Professional Conduct) Regulations 2023 states, "RMPs and their families must not receive any gifts, travel facilities, hospitality, cash or monetary grants, consultancy fee or honorariums, or access to entertainment or recreation from pharmaceutical companies or their representatives, commercial healthcare establishments, medical device companies, or corporate hospitals under any pretext. However, this does not include salaries and benefits that RMPs may receive as employees of these organizations. Also, RMPs should not be involved in any third-party educational activity like CPD, seminar, workshop, symposia, conference, etc., which involves direct or indirect sponsorships from pharmaceutical companies or the allied health sector. RMP should be aware of the conflict-of-interest situations that may arise. The nature of these relationships should be in the public domain such as clinical drug trials and should not be in contravention of any law, rule, or regulation in force. RMP himself or as part of any society, organization, association, trust, etc. make regarding the relationship with the pharmaceutical and allied health sector industry clear and transparent open to scrutiny. (L3)"
The meeting with the Health Minister, which is scheduled for today at 4.30 PM, will also be attended by the director general of Indian Pharmaceutical Alliance along with two representatives.
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