NMC Recognition of Medical Qualifications Regulations 2023 released, Details

New Delhi: Bringing uniformity in the matter of recognition of medical qualifications across the country, the final "National Medical Commission (Recognition of Medical Qualification) Regulations, 2023" have now been published in the official Gazette, around 6 months after the draft of the same had been released in the public domain.

The Gazette notification dated 29.12.2023 mentioned that these regulations shall come into force from the day of publication. It includes a comprehensive list of recognised medical qualifications in India. Apart from these, these new regulations also specified the procedure for the inclusion of new medical qualification, and the issue of withdrawal of recognition of qualification.

Medical Dialogues had earlier reported that the draft of the "National Medical Commission (Recognition of Medical Qualification) Regulations, 2023" had been published on June 09, 2023 by the Undergraduate Medical Education Board (UGMEB) of the National Medical Commission (NMC). Inviting comments from the stakeholders, NMC had asked to submit the comments within 30 days. 

◊Comprehensive List of Recognised Medical Qualifications in India: 

♦ Maintenance of List of Recognized Medical Qualifications: 

The new regulations mentioned that thlist of recognised medical qualifications in India is to be maintained by the Under Graduate Medical Education Board (UGMEB) in respect of undergraduate medical qualifications and the Post Graduate Medical Education Board (PGMEB) for the post-graduate medical qualification.

As per the notification, the recognised Undergraduate qualification is the Bachelor of Medicine and Bachelor of Surgery (M.B.B.S). Further, the list of recognised Post-Graduate qualifications include the following:

a. Post-graduate Broad Speciality Qualifications [M.D. (Doctor of Medicine)/ M.S. (Master of Surgery)] – Annexure-I of the PGMER-2023

b. Post-graduate Super Speciality Courses [ D.M. (Doctorate of Medicine)/ M.Ch (Master of Chirurgie)]- Annexure-II of the PGMER-2023

c. Post-graduate Diploma Courses - Annexure-III of the PGMER-2023

d. Post-Doctoral Certificate Courses (PDCC)- Annexure-IV of the PGMER-2023

e. Post-Doctoral Fellowship (PDF)- Annexure-V of the PGMER-2023

f. D.M./M.Ch. Courses of six years duration - Annexure-VI of the PGMER-2023 

Further, the regulations mentioned that the list of the categories of medical qualifications granted by Statutory Body or Other body in India as per the Schedule to NMC Act, 2019, list of qualifications as per Part-I of the Third Schedule of the Indian Medical Council Act, 1956, and the List of qualifications as per Second Schedule and Part-II of the Third Schedule of the Indian Medical Council Act, 1956 are also considered as recognised medical qualifications.

"Provided, without prejudice to the above such prepared list of medical qualifications in India shall be updated regularly and published by the respective Boards. The list of approved courses (Schedule- I) will be maintained by the respective Boards (UGMEB and PGMEB) and will be updated from time to time," it mentioned.

Also Read: How will medical qualifications be recognised in India? NMC releases draft regulations, invites comments

◊Inclusion of New Medical Qualifications: 

♦ Application for Inclusion of New Medical Qualifications: 

The new regulations clarified that applications for a new qualification shall be accepted based on the consideration of necessity by the respective board.

For inclusion of any new medical qualification, which is not already included in the list, the medical institutes conferring an undergraduate or postgraduate, or super-speciality medical qualification may apply to the concerned Board, along with such documents and information.

"Provided a foreign authority shall submit its application to the concerned Board along with such documents and information for inclusion of any medical qualification, which is not already included in the list," the regulations mentioned.

♦ Application Fee: 

The regulations clarified that no such application indicated in Section 8 shall be considered by the concerned Board unless submitted with INR 2,50,000/- (Rupees two lakh and fifty thousand only) per qualification as fees.

"Provided any foreign authority in any country outside India, entrusted with the recognition shall remit $10,000 (US dollars ten thousand only) per qualification as fees to the Commission while submitting its application in a proforma," it added.

♦ Furnishing of Information, Additional Information etc.: 

No application submitted under Section 8 shall be entertained by the respective Board unless it is appended with all mandated information sought by way of proforma or otherwise by the respective Board.

"Provided, nothing shall be read herewith, to constrain or restrict the respective Board to seek additional information from the applicant while submitting the application or after submitting the application. If asked for additional information by the respective Board, it shall be the duty of the applicant to submit such information as early as possible or within the time specified by the respective Board," mentioned the notification.

♦ Examination of Application by the Respective Board: 

The respective Board shall evaluate the applications received, based on all or any of the following broad criteria-

a. the overall impact in terms of desirability and feasibility of recognition of such proposed medical qualification in India.

b. Whether the proposed medical qualification for recognition is the outcome of sufficient academic rigour, quality, standard learning approaches etc.,

c. Once given recognition the proposed medical qualification would not create confusion in the mind of the public while seeking medical services.

d. The overall impact of such recognition upon the public policy in India.

e. Any such other considerations are to be Notified by the respective Boards in this regard.

♦ While considering the application for a grant of recognition to the proposed medical qualifications, the respective Board may seek any additional information or clarification or additional documents from the applicant.

♦ As per the regulations, the applicant shall have to provide or furnish such information or clarification or additional documents sought within a specified time or 30 days, whichever is earlier, from the date of receipt of communication from the respective Board.

"Provided failure to remove or correct the deficiency or submit such information or clarification or provide additional documents etc., as required by the Board within a specified time shall result in the rejection," mentioned the regulations.

♦ The regulations specified that the respective Board at its sole discretion shall determine the appropriate method of evaluation before grant of recognition of the proposed medical qualification to be included in the list.

"Provided such appropriate method of evaluation shall include, but not be limited to verification of documents in digital or physical form, verification through a live video feed, photographs, or physical inspection as the case may be," the regulations added.

♦ Evaluation Result and Recognition of Medical Qualification: 

As per the evaluation carried out, the respective Board shall include the newly recognized medical qualification into the list, and communicate the same to the applicant within six months.

Provided that, if the respective Board after due evaluation, rejects the application submitted to it for recognition of a medical qualification, may do so after the grant of reasonable opportunity of being heard to the applicant, and shall communicate to the applicant at the earliest.

♦ Appeal to the Commission: 

Challenging the decision regarding their application for a grant of recognition to the medical qualification, a medical institution may file an appeal before the Commission within sixty days from the date of receipt of communication of the decision by the respective Board.

♦ Appeal to the Central Government: 

"Where an applicant is aggrieved by the decision of the Commission under Section 16 of these Regulations, or where the Commission fails to give its decision within sixty days from the date of receipt of such an application, the aggrieved party may prefer an appeal before the Central Government within thirty days from the date of such order or lapse of time, as the case may be," stated the Gazette notification.

◊ Withdrawal of Recognition of Qualification: 

♦ The regulations clarified that the qualifications listed in the schedule to be withdrawn if the Undergraduate Medical Education Board or the Post Graduate Medical Education Board, as the case may be, decides to withdraw a qualification from the schedule or the list of qualifications mentioned in the UGMER or PGMER, the respective Board may do so on the following grounds;

1) Qualifications initially approved by the erstwhile MCI/ NMC, based on the set of standards prescribed by them can be withdrawn, if such qualification is no more relevant;

2) Alternative course is available;

3) Qualifications from Indian or international bodies, accepted by erstwhile MCI/ NMC without prescription of any standards, if there are alternative courses prescribed with standards, under NMC. 

♦ Recommending Withdrawal to the Commission: 

After receiving recommendation of either of the Boards or Medical Assessment and Rating Board for withdrawal of recognition of medical qualification, the Commission shall examine the same in the first instance and may also seek further information from the concerned medical institution, if required and if arrives at the conclusion that-

a. The courses of study and examination to be undergone or the proficiency required from candidates at any examination held by the medical institution does not conform to the standards specified by the Undergraduate Medical Education Board or the Post Graduate Medical Education Board, as the case may be

b. The standards and norms for infrastructure, faculty and quality of education in the medical institution as determined by the Undergraduate Medical Education Board or the Postgraduate Medical Education Board, as the case may be, are not adhered to by the medical institution, and such medical institution has failed to take necessary corrective action to maintain specified minimum standards and the medical institution has failed to maintain the prescribed standards for imparting of the said medical qualification.

♦ Commission deciding the withdrawal of recognition: 

"In furtherance of forming a conclusion as per section 18 above, the Commission shall forthwith forward the report in respect of the concerned medical institution or a foreign authority to the respective Board (undergraduate or postgraduate) and direct such Board to Notify the withdrawal of recognition of medical qualification," mentioned the regulations.

"Provided that the Undergraduate Medical Education Board or the Postgraduate Medical Education Board, as the case may be, on receipt of the Order of the Commission, shall amend the concerned entry made against the name of the medical institution or a foreign authority indicating that the said medical qualification’s recognition is being withdrawn prospectively," it added.

♦ Reasonable audience prior to the withdrawal of recognition: 

It has been specified in the regulations that no withdrawal of recognition of a medical qualification vis-à-vis a medical institution or a foreign authority shall happen without the grant of a reasonable opportunity to the medical institution or a foreign medical authority concerned.

To view the regulations, click on the link below:

https://medicaldialogues.in/pdf_upload/nmc-regonition-regulation-229362.pdf

Also Read: Final PGMER 2023 Regulations released in Gazette, details