Doctors to get 60 days of relief time before State Medical Council's disciplinary action: NMC board

New Delhi: Providing the doctors with sufficient time for making an appeal, the Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) has recently directed the State Medical Councils to implement actions including suspension or termination from service after 60 days from the date of order.

Therefore, from now on, the State Medical Council action orders will be implemented against a doctor after the 2 months appeal period is over. Such an order has been issued by the NMC board as it took note of the fact that even though some State Councils execute their orders after the completion of the appeal period, all of them do not adhere to this norm.

Writing to the State medical bodies in this regard, EMRB stated, "Some councils mention that doctors can approach EMRB for appeal within 60 days from the date of issue of order and the order will be executed after the period of appeal is over. However, all state councils do not follow this practice."

While the State Medical Councils decide complaints against medical practitioners and take action against them, the doctors can approach the EMRB challenging the State order since EMRB is the appellate authority against the State Council orders. Therefore, the doctors can approach the NMC board and make an appeal within 60 days as per existing provisions.

Also Read: NMC rejected 25 Medical Negligence appeals moved by patients' kin, reveals RTI

Meanwhile, the Times of India adds that the State Medical Council in Tamil Nadu has asked for a legal opinion before delivering the orders made by the disciplinary committee. Speaking to the daily in this regard, TNMC President Dr K Senthil said, "Doctors always had the option of going on an appeal. The EMRB can stay our order if required, like how courts do."

It should be mentioned in this context that it is only doctors who can approach the NMC and make an appeal against the State Council orders. The complainants do not have the same provision and they have to move to Court for this.

Medical Dialogues had reported earlier this year that NMC, the Apex Medical Regulator had clarified that only a medical practitioner can now appeal before it against any action taken by the State Medical Councils. Although earlier patients or any other person had the right to approach the apex medical regulator NMC with complaints against a doctor, now this relief of appeal has become limited to the members of the medical fraternity only.

While rejecting the appeals by the families of patients NMC had referred to Section 30(3) of the NMC Act 2019 and had confirmed that only doctors or medical professionals who are aggrieved by the State Medical Council orders will be allowed to appeal before the Ethics and Medical Registration Board (EMRB) of the top medical regulator.

Section 30(3) of the NMC Act 2019 reads, "(3) A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board against such action, and the decision, if any, of the Ethics and Medical Registration Board thereupon shall be binding on the State Medical Council, unless a second appeal is preferred under sub-section (4)."

It is only under Sections 8.7 and 8.8 of the MCI's Ethics Regulations, 2002 that the patients can move an appeal.

While responding to RTI application filed by Kannur-based opthalmologist K.V.Babu, NMC had previously clarified that it had turned down a total number of 25 appeals moved by the family members of the patients and others challenging the orders of the State Medical Councils.

While turning down such appeals between the period of September 25, 2020 and March 25, 2022, the EMRB of NMC claimed that they "were not maintainable" and pointed out that under Section 30(3) of the NMC Act, 2019, only medical professionals have the right to appeal against State Medical Councils decisions.

Pointing out that complainants cannot move to NMC with an appeal, Dr. Senthil told TOI, "It would be unfair to investigate, take a decision and hold on till it's approved by the national body."

Meanwhile, speaking to the daily in this regard, senior orthopedician Dr George Thomas, former editor of the Journal of Indian Medical Ethics said, "There must be an appellate within the state and for severe penalties they can be allowed to go on appeal with the national board. But options for appeal must be available to the complainant as well."

Also Read: Only doctors can Appeal against action taken by State Medical Councils: NMC