Soon: Patients may be allowed to appeal to NMC on negligence, misconduct, Health Ministry proposes amendments

New Delhi: Patients and their relatives are soon going to be allowed to approach the Ethics and Medical Registration Board (EMRB) of National Medical Commission (NMC) challenging the decisions of the State Medical Councils regarding complaints of medical negligence and professional misconduct against the doctors.

Although the NMC Act 2019 restricted this opportunity to medical professionals only, now the Union Ministry of Health and Family Welfare has proposed to modify the Act and extend the facility to the patients and their families as well.

Issuing a Public Notice and introducing the National Medical Commission (Amendment) Bill, 2022, the Union Health Ministry recently informed its decision "to provide provision for patients/their relatives/complainant to prefer appeal in the Ethics and Medical Registration Board/National Medical Commission against the decision/action of State Medical Council in complaints related to medical negligence/professional misconduct."

Inviting comments in this regard from the public and stakeholders, the Notice further mentioned, "It has been decided to solicit suggestions/comments/objections from the public/stakeholders with regard to the said draft Amendment Bill. The suggestions/comments/objections may be forwarded within 30 days from the date of issue of this Notice by email to sunilk.gupta35anic.in or by post to Under Secretary (Medical Education Policy Section), Ministry of Health & Family Welfare, Room No. 514, A Wing, Nirman Bhawan, New Delhi -- 110011. The suggestions/comments/objections received on the above email/address within the period of 30 days from the date of issue the Notice, shall be taken into consideration for finalization of the notification."

Medical Dialogues had earlier reported that NMC had turned down 65 appeals moved by patients or their families between March to September 2022 on the ground of non-maintainability.

The Commission turned down these appeals despite the earlier directive of the Supreme Court, on the basis of which the erstwhile Medical Council of India (MCI) had amended its Code of Ethics Regulations, 2002.

Also Read: NMC rejected 65 appeals moved by patients, reveals RTI

One such amendment was included in Clause 8.8 of the Code of Ethics Regulations. It read, "8.8 Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council:

Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days."

However, after NMC took over the MCI, the National Medical Commission Act, 2019, also replaced the Indian Medical Council Act. The new NMC Act limited the scope of appeal before the Ethics and Medical Registration Board and restricted it for the members of the medical fraternity only.

Earlier, 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 only medical professionals can approach the Commission.

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)."

The issue had been raised time and again by Kannur-based ophthalmologist and RTI Activist K.V.Babu. While commenting on the matter, Dr. Babu had earlier opined that the decision of NMC of rejecting the appeals of non-doctors was illegal. He had pointed out that NMC Act clearly stated that 'the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder'.

As per the NMC (Amendment) Bill, 2022, in Section 30 (3) of the NMC Act 2019, after the words, "medical practitioner or professional", the words "or complainant" shall be inserted. Similarly in Sub-section 4 of Section 30, after the words , "medical practitioner or professional", the words "or complainant" shall be inserted.

With this, the Union Health Ministry has opened the door to the patients and their families to approach the NMC Ethics Board with complaints of medical negligence and professional misconduct.

Speaking to Medical Dialogues in this regard, Dr Babu told Medical Dialogues, "It is a welcome decision. Government is in the right direction, though late."

To view the notice, click on the link below:

https://medicaldialogues.in/pdf_upload/nmc-act-amendment-bill-196139.pdf

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