Modern Medicine and Professional Misconduct: Medical Council issues advisory for Maharashtra doctors

Mumbai: Reiterating the important guidelines related to professional conduct by practitioners of modern medicine laid down under the IMC act and regulations as well as the Maharashtra Medical Council Act, the state medical council has issued an advisory for all of its members.

As a part of its advisory, the council laid the following pointers as circumstances may and do arise from time to time in relation to which there may occur questions of professional misconduct which do not come within any of these categories. Every care should be taken that the code is not violated in letter or spirit. 

a) RMP's should mention their basic degree of registration with MMC i.e. MBBS under which they have been primarily registered followed by their additional qualifications registered with MMC e.g. MBBS, MS, or MBBS, MD, etc. on their letterhead, clinic boards, visiting cards, etc.

b) It would be a breach of ethics if RMPs are associated professionally (while treating patients) with practitioners not registered with MMC.

c) RMP's visiting Hospitals wherein patients are treated by way of modern medicine by practitioners not registered under the ACT shall be also considered as a breach of Ethics.

d) RMP's registered with Maharashtra Medical Council shall only prescribe Modern [Allopathic] medicines.

This advisory came after the Maharashtra Medical Council in its General Body Meeting held on 7th December 2020 reviewed the relevant Regulations under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and Maharashtra Medical Council Act, 1965 governing medical practitioners registered with Maharashtra Medical Council.

The relevant Sections are enumerated herewith;

Maharashtra Medical Council Act, 1965

2 (d) "Medical practitioner" or "practitioner" means a person who is engaged in the practice of modern scientific medicine in any of its branches including surgery and obstetrics, but not including veterinary medicine or surgery or the Ayurvedic, Unani, Homoeopathic '[system of medicine].

Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002.

1.1.3 No person other than a doctor having qualifications recognized by the Medical Council of India and registered with the Medical Council of India/ State Medical Council(s) is allowed to practice the Modern system of Medicine or Surgery. A person obtaining a qualification in any other system of Medicine is not allowed to practice the Modern system of Medicine in any form.

1.2.1 The Principal objective of the medical profession is to render service to humanity with full respect for the dignity of profession and man. Physicians should merit the confidence of patients entrusted to their care, rendering to each a full measure of service and devotion. Physicians should try continuously to improve medical knowledge and skills and should make available to their patients and colleagues the benefits of their professional attainments. The physician should practice methods of healing founded on a scientific basis and should not associate professionally with anyone who violates this principle.

1.6 Highest Quality Assurance in patient care: Every physician should aid in safeguarding the profession against admission to it of those who are deficient in moral character or education.

A physician shall not employ in connection with his professional practice any attendant who is neither registered nor enlisted under the Medical Acts in force and shall not permit such persons to attend treat or perform operations upon patients wherever professional discretion or skill is required.

3.7.2 A physician shall write his name and designation in full along with registration particulars on his prescription letter head.

7.18 In the case of running a nursing home by a physician and employing assistants to help him/her, the ultimate responsibility rests on the physician.

It must be clearly understood that the instances of offenses and of Professional misconduct which are given above do not constitute and are not intended to constitute a complete list of the infamous acts which calls for disciplinary action and that by issuing this notice the Medical Council of India and or State Medical Councils are in no way precluded from considering and dealing with any other form of professional misconduct on the part of a registered practitioner.

Hence the following advisory is put forth by the Maharashtra Medical Council.

a) RMP's should mention their basic degree of registration with MMC i.e. MBBS under which they have been primarily registered followed by their additional qualifications registered with MMC e.g. MBBS, MS, or MBBS, MD, etc. on their letterhead, clinic boards, visiting cards, etc.

b) It would be a breach of ethics if RMPs are associated professionally (while treating patients) with practitioners not registered with MMC.

c) RMP's visiting Hospitals wherein patients are treated by way of modern medicine by practitioners not registered under the ACT shall be also considered as a breach of Ethics.

d) RMP's registered with Maharashtra Medical Council shall only prescribe Modern [Allopathic] medicines.

To view the official advisory, click on the following link: 

https://medicaldialogues.in/pdf_upload/pdf_upload-144384.pdf