Disciplinary Action will be taken for Conversion Therapy of LGBTQIA+ Community: Medical Council tells doctors

Chennai: Complying with the directions issued by the Madras High Court and the National Medical Commission (NMC), the State Medical Council of Tamil Nadu has informed all the registered medical practitioners in the State that disciplinary action will be taken against doctors for taking part in "Conversion Therapy" of lesbian, gay, bisexual, transgender, queer, intersex, and asexual plus (LGBTQIA+) community.

Issuing notification to all the registered medical practitioners in this regard, Tamil Nadu Medical Council (TNMC) has mentioned on December 02, 2022 that Conversion Therapy "will be construed as a professional misconduct on the part of the medical professionals and appropriate action shall be taken in accordance with the existing rules."

Medical Dialogues had previously reported that in an attempt to remove the stigma and prejudices associated with the LGBTQIA+ community, the Madras HC had last year suggested a slew of measures which included the suggestion to cancel the license of medical professionals for any involvement in any form or method of conversion "therapy".

At that time, the court had given its suggestions in this regard to the National Medical Commission (NMC), Indian Psychiatric Society, and Rehabilitation Council of India. Apart from these, the Court has also given suggestions to the Police and Prison Authorities District and State Legal Service Authorities, Judiciary, Education Institutions, Health workers, Public and Private workplace/ institutions, and finally the Parents of LGBTQIA+ members.

Also Read: NMC declares Conversion therapy as professional misconduct under IMC Regulations

Directing NMC for enlisting "Conversion Therapy" as professional misconduct, the HC bench comprising Justice N. Anand Venkatesh had noted, "The learned Standing Counsel for National Medical Commission, shall also take note of the suggestions given in the notes of submissions and it can be made use of by the National Medical Commission, while finalising the enlistment of the professional misconduct for "Conversion Therapy"."

Consequently, complying with the HC order, NMC had decided to hold "Conversion Therapy" as a professional misconduct under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2022.

Writing to the State Medical Councils in this regard, the Ethics and Medical Registration Board (EMRB) of NMC had stated, "In compliance of the order dated 8th July, 2022, Ethics and Medical Registration Board, National Medical Commission has decided that Conversion therapy will constitute a professional misconduct under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2022."

The circular issued by the Deputy Secretary of EMRB on August 25, 2022 referred to the previous order of the Madras High Court in this regard and stated, "I am directed to refer to the subject captioned above and say that Hon'ble High Court of Madras vide its Order dated 08.07.2022 given in W.P. No. 7824 of 2021 has directed the NMC to issue necessary official notification by enlisting "Conversion Therapy" as a professional misconduct."

Complying with the directions issued by the High Court and the Apex Medical Commission, TNMC recently mentioned in a notification, "In compliance of the directions issued by Honourable High Court of Madras, in its Order dated 08.07.2022 given in W.P. No. 7284 of 2021, Ethics and Medical Registration Board, National Medical Commission, New Delhi, has issued Notification on the above captioned subject to all State Medical Councils, to incorporate "CONVERSION THERAPY OF LGBTQIA PLUS COMMUNITY GROUP" AS PROFESSIONAL MISCONDUCT under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002."

"According to the above said Notification and as per the directions issued by the Honourable High Court of Madras on 02.09.2022 in W.P. No. 7284 of 2021, it is hereby notified to all the Registered Medical Practitioners that Tamilnadu State Medical Council is conferred with powers to take disciplinary action on any complaint received with regard to any attempt/ interventions to change the sexual orientation and/or gender identity of a person, which is commonly referred to as "Conversion Therapy", which will be construed as a professional misconduct on the part of the medical professionals and appropriate action shall be taken in accordance with the existing rules," it added.

To view the TNMC notice, click on the link below:

https://medicaldialogues.in/pdf_upload/tnmc-conversion-therapy-193028.pdf

Also Read: Conversion therapy for LGBTQIA should be considered as professional misconduct by doctors: Madras HC to NMC