Medical Council rules for CME Credit Hours upheld in High Court

It was decided by state medical council to continue doctors to carry over the incomplete credit hours by paying a nominal fee to the Council. However, this was challenged by a few doctors who contended that they would do it prospectively and TNMC lacked the authority to insist for it.

However, the plea was dismissed by the court after it accepted the submission by the Council that as per the rules, TNMC could take strict action against those who are not pursuing it.

The Indian Medical Council Act, 1956 (Professional Conduct and Ethics) Regulations, 2002, clearly mention that physicians should continue improving their medical knowledge and skills continuously. For this, the doctors need to affiliate themselves with a reputed allopathic organization attend CME programme or at least 30 hours every five years.

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"Even though the MCI rules were in existence since 2002, many of the State medical councils had not implemented it. TNMC made it mandatory from 2012 asked the doctors to undergo CME credit hours. Credit hours are awarded to the doctors on the basis of several factors including the duration, the faculty etc." explained Dr K. Senthil, President of TNMC.

He added, "Even though there are around 1,20,000 doctors registered with TNMC, back in 2018 we noticed that only 30,000 doctors were pursuing it. So, we published it again in the State Gazette and also mentioned about some additional marks for research etc."

"At that time we thought that rather than taking action against the doctors, as it would be too heavy for them, we will permit the doctors to carry over marks for the next block of five years in exchange of a nominal fees," further mentioned Dr. Senthil.

So, as per TNMC rules, registered medical practitioners who fail to complete 30 CME credit hours within a period of 5 years, can carry over the unfinished credit hours to the next block of five years. However, the doctors were required to pay a nominal fee for this purpose.

When this was challenged by few doctors, the court dismissed the plea and ruled in favour of the Council.

"This was challenged by few doctors, who claimed that they will do it prospectively and TNMC lacked the authority to insist upon it. When the matter came before the Court, we submitted that we are lenient and asking the candidates to carry over the incomplete credit hours. We also clarified that if they are against the rules then we may have to take action against them. The court agreed to our explanation and ruled in our favor," Dr Senthil clarified.