NMC releases draft regulations for Establishment of new medical colleges, Assessment, Rating, increase of seats, invites comments

The apex medical regulator has put forward the proposed draft regulations in the public domain inviting comments from various authorities and stakeholders.

The comments can be shared on the email id- comments.marbrequlations@nmc.orq.in in MS Word (.docx) format or machine-readable PDF Format within 30 days of publication of this notice with a subject tagline " Comments on draft regulations regarding National Medical Commission (Establishment of Medical Colleges and Medical lnstitutions, Assessment and Rating & lncrease of Seats for Medical Education) Regulations, 2023"

The draft regulations comprehensively lay the down the overall scheme, eligibility criteria, evaluation procedure as well as assessment and rating rules for the establishment of medical colleges and increase in seat intake.

The proposed guidelines also set the provisions related to sanctions and penalties for the medical colleges’ management in case of failure to comply with the mandated NMC regulations. Besides, the medical colleges can also submit their appeals as per the guidelines laid down in the proposed draft.

SCHEME FOR ESTABLISHMENT OF MEDICAL COLLEGE

The NMC has set forth its mandate on which entity is eligible to apply for establishing a new medical college or medical institution and will then be permitted.

1. No medical college or medical institution can be established unless MARB permits it in writing in response to an application submitted.

2. Any such permission by MARB may be issued subject to conditions it may think fit to impose.

3. Without prejudice to anything stated in these Regulations, such entities, as specified in Section 5 below, shall submit their application seeking permission to establish a medical college only if they satisfy all conditions provided under the notified MSRs by UGMEB or PGMEB, as on the date of application.

Applicant and application —

No entity other than the following shall be eligible to apply for establishing a new medical college or medical institution —

1. A State government or Union Territory administration, or

2. A university duly established in India, or

3. An autonomous body promoted by the Central or the State Government by or under a statute and has no conflict of objectives for undertaking medical education by starting a medical college, or

4. A society registered under the Societies Registration Act, 1860 (21 of 1860) or such respective statute meant to establish and regulate Societies in the respective State, or

5. A religious endowment or charitable trust in India, or

6. A registered public trust, or

7. A not-for-profit company incorporated under s. 8 of the Companies Act, 2013 or any other corresponding law in force during its establishment.

As per sub-section (a), the eligible entity shall apply only upon the notification by MARB inviting applications for establishing new medical colleges or medical institutions within the deadline prescribed therein.

Provided the MARB may, while inviting applications for establishing new medical colleges or medical institutions, open opportunities only in some States or States or designated areas in a state or states (backward areas etc.) as the case may be.

The eligible entity shall apply, through a web portal made available on the website of the National Medical Commission, to the MARB in Pro-forma notified in this regard, along with such fees as specified.

No application submitted under subsection (c) above shall be entertained unless it is accompanied with –

1. Essentiality certificate issued by the concerned State Government or Union Territory administration, as the case may be, and

2. A consent of affiliation letter obtained from a recognized university, issued in the name of the applicant entity, and

3. Documentary proof indicating the establishment of a corpus fund by the entity dedicatedly applicable to establishing the new Medical College, and

4. A solvency certificate issued by a registered Chartered Accountant issued within 90 days before the last date of submission of the application as mandated by the section (include the section), and

5. Documents indicating the proof that such reasonable area/plot of land is either owned or arranged under lease or such other arrangement by the applicant, and

6. Documents showing the proof of either owning a medical hospital or hospital services have been made available upon some contractual arraignment with the applicant, and

7. Basic infrastructural facilities, managerial and financial capabilities of the applicant (Balance Sheets for the last three years in case the person is not a State Government or a Union Territory), and

8. Proof indicating remittance of prescribed application fee and Bank Guarantee, and

9. Any such other documents are to be notified from time to time.

lncomplete applications will be rejected. Provided such rejected applicant shall lose his chance of reapplying till the next window of opportunity in calling for the applications for the next academic year.

Eligibility criteria:

The NMC has further specified the detailed eligibility criteria for obtaining its permission for setting up medical institutes in the country:

No medical college/ institution shall be provided permission unless they satisfy all the conditions about but not limited to physical infrastructure, teaching staff, clinical material, and hospital, as detailed in the notified MSRs from time to time.

Without prejudice to anything stated in sub-section (a) above, the UGMEB or PGMEB, as the case may be, shall, from time to time, publish the MSRs with such modifications required, keeping in mind the overall objectives of the Act.

Provided UGMEB or PGMEB, as the case may be, shall publish the date from which the changed MSR shall come into effect while notifying the modifications.

Provided further, UGMEB or PGMEB shall provide a reasonable opportunity for all the medical colleges to implement the modified MSRs, particularly where the adoption has financial implications for the medical colleges.

Notwithstanding anything stated in sub-section (b) above, all modified MSRs shall have to be implemented immediately where they have no substantial financial implications for the medical colleges and in the case of imminent situations deserving immediate modifications.

Provided the MSR shall specify the justification for urgent modifications.

Evaluation:

MARB evaluating the application:

Keeping in mind the objectives of the Act, without prejudice to anything stated in these Regulations, the MARB shall evaluate the applications received under section 5, sub-section (b) based on all of the following broad criteria viz. -

1. The desirability and feasibility of setting up the medical College or medical institution at the proposed location.

2. Assess whether the applicant fulfils the required conditions prescribed by the MSRs in vogue, which shall include physical infrastructure, qualified faculty, and adequate clinical material in terms of hospital, laboratory etc., and

3. Assess whether the scheme submitted by the applicant shows that, once established, the medical College or medical establishment will reasonably sustain itself in the long run.

Without prejudice to (a) above, at its sole discretion, MARB may seek any additional information/ clarification/ additional documents from the applicant while considering the application for grant of permission to establish a new medical college.

The applicant shall provide or furnish such information or clarification or additional documents sought under sub-section (b) within 30 days from the date of communication from MARB.

If the applicant fails to remove the deficiency, submit such information, clarify, or provide additional documents, etc., as mandated by the MARB within the prescribed time shall result in the rejection of his application.

Notwithstanding anything stated elsewhere, MARB, at its sole discretion, determines the appropriate inspection method before granting permission to the applicant to establish a medical college.

Provided such method shall include verification of digital documents, Aadhar-based attendance register, live video feed, photographs, Hospital Information Management System (HIMS) data, or a surprise physical assessment.

Evaluation result & issuance of letter of approval—

Based on the evaluation carried out by MARB under section 7, MARB shall communicate its decision of approval or otherwise to the applicant within six months from the date of the completed application.

If approved, MARB will issue a letter of permission to the applicant under its seal, with conditions it may deem fit. The letter of permission will also be notified on the NMC website.

Provided further, if MARB decides not to issue a letter of permission to the applicant, it shall be doing so by assigning reasons in writing to the applicant.

Without prejudice, it shall be the duty of the applicant to abide by all such conditions laid down in the letter of permission, and MARB will have the right to seek such information or cause an inquiry done into the matter to verify all such conditions are observed in both letter and spirit.

SCHEME FOR NEW or INCREASE OF SEATS IN A MEDICAL COLLEGE OR MEDICAL INSTITUTION

In case the medical colleges intend to apply for more seats and permission for new seats, they will be required to comply with the NMC guidelines. The following have been proposed in the recently issued draft:-

No duly established medical college or medical institution shall increase the seats without prior permission of MARB. Provided, no grant of permission for an increase in seats is given by MARB if the Medical College or Medical Institution has not admitted earlier sanctioned seats.

Without prejudice to the above stated in section 9, the application for an increase in seats shall be accompanied with -

1. Consent from the recognized university concerned for the proposed seats in the specified courses in writing.

2. Such prescribed application fees and bank guarantee as determined by the MARB from time to time by notification, and

3. Any other document as prescribed while calling the applications.

Once an application for an increase of seats is received, MARB shall evaluate the same on its merit before approval. Provided the same criteria indicated in section 7 and section 8 shall apply above mutatis mutandis for such evaluation.

ASSESSMENT & RATING

The apex body has further specified the process of Assessment by the MARB for rating Medical colleges/institutions.

The MARB shall conduct an assessment and rating of all medical colleges and shall be vested with all such authority in discharging its function under the Act.

Without prejudice to anything stated in these Regulations, MARB may appoint an independent third-party agency to assess and rate medical colleges or institutions on its behalf.

Further, the MARB may prepare detailed guidelines for appointing an independent third-party agency to assess and rate medical colleges or institutions.

If appointed, the independent third-party agency shall have such powers as indicated in the appointment letter issued by MARB.

The MARB may seek any information, clarification, documents or digital material from any medical college or medical institution for assessment and rating at any time.

In furtherance, the MARB shall conduct an evaluation and assessment of all medical colleges in general, any class of medical colleges, or a specific medical college, either directly or through such designated agency or agencies.

Without prejudice to anything stated in the Regulations, the MARB shall develop a methodology whereby the medical colleges or institutions are continuously monitored for their performance, leading to assessment and rating.

Provided till such methodology and technology-based systems are put in place, the Board shall notify its methodology and process of assessment and rating of medical colleges.

Notwithstanding, the assessment and rating by MARB shall be based on the following parameters, with such due weightage assigned to the respective parameters, viz., —

1. Compliance with the standards laid down by Undergraduate and Post Graduate Medical Boards.

2. Academic excellence is shown through Innovative methods of teaching adopted and courses (other than prescribed) offered to their students.

3. The institution's research output has contributed to the existing knowledge and research impact created by the institution.

4. Student discipline and an excellent teaching-learning environment created by the medical institution.

5. Student feedback.

MARB will notify medical colleges of assessment and rating criteria without prejudice.

Publication of rating - The MARB shall make available on its website or otherwise in the public domain the latest annual assessment results and ratings of medical colleges or institutions in such a manner as to facilitate public understanding and consumption.

SANCTIONS & PENALTY

Noncompliance with the NMC regulations will attract stringent action by the apex medical regulator.

The following will amount to non-compliance -

1. Deficiency in any of these: Infrastructure, Teaching staff, Clinical material and others (as prescribed by the minimum standards of UGMEB &/or PGMEB)

2. Noncompliance with notifications of NMC.

3. Admitting students outside of common counselling.

4. Any act of misbehaviour, non-cooperation, and even forbidding the inspection process with the assessors deputed from MARB.

5. The College has conducted in any manner, not by the goals of medical education and practice (for example, ragging, exploiting students on fees, physical misbehaviour by teaching staff with students, etc.)/Harassment of faculty/students.

False information declared for obtaining permission for any of the schemes, including establishing a medical institution, will also amount to non-compliance. Furnishing false information in the application under Section 5 or fabricating information under section 12 to MARB or any other Boards of NMC will attract penalties as described below. The MARB or any other Board of NMC may also seek prosecution for providing false information per Section 191 of the Indian Penal Code. When these are observed, the MARB shall either penalize the College as per Sec 26 (f) of the Act and/or conduct further enquiry into these and, where needed, provide an opportunity to rectify the same. The penalty will be appropriately modified.

1. lssuance of warning,

2. Monitory (common to all penalties): upto Rs 1 Cr/offence;

3. Penalty for admitting students without Common Counselling process [This may be in multiples of each student (hence can be > 1Cr/College)]

4. Withholding processing of applications for any new schemes that academic year.

5. Discharging the excess student/s from the College with or without an alternative to the student/s

6. Reducing students' numbers in the next Academic Year/s

7. Stopping admissions to one or more course/s in the next Academic Year/s

Provided that the College shall be granted a reasonable opportunity to rectify the deficiencies, any further action shall be taken only if it fails to meet the requisite norms during compliance verification.

REDRESSAL, APPEAL

Appeal to NMC- A medical college or medical institution or any such person may file an appeal before the Commission against any order passed by MARB stating:

1. Disapproval of a scheme for the establishment of a medical institution or

2. Where no decision is taken within six months of submitting such a scheme or

3. lmposition of penalty as per section 15, etc.,

Provided such an appeal is filed within 30 days (as per Act) of passing such order or lapse of time, as the case may be.

Provided that any person appealing against the order of the MARB shall, before filing the appeal, deposit 50% of the amount of such penalty:

Provided further that wherein for any particular case, the Commission is of the opinion that the deposit of such penalty would cause undue hardship to such person, it may dispense with such deposit subject to such conditions as it may deem fit to impose.

Where the decision of the Commission aggrieves an applicant under section L6 or where the Commission fails to give its decision within forty-five days from the date of receipt of such an appeal, a second appeal may be filed before the Central Government within 45 days from the date of such order or lapse of time, as the case may be.

Submission of annual disclosure reports [Section24, ss 1, (i) & Section25, ss 1, (i]l –

All medical colleges or Medical institutions shall furnish a Compulsory Annual Disclosure Report to the UGMEB and/or PGMEB in compliance with the norms specified under the Act in the prescribed format.

Provided the Compulsory Annual Disclosure Report shall be made once all students for the Academic Year are admitted to a given course and not later than thirty days to be calculated from the date of the last student's admission.

Without prejudice to the above, failure to submit the report within the notified period, the college/institution shall be barred from admitting students for the next academic year unless otherwise directed by the Commission.

NMC has proposed to make the abovementioned regulations in the exercise of powers vested with NMC under sub-Section (2) of Section 57 read with Sections 26, 28 & 29 of the NMC Act, 2019 (30 of 2019).

These Regulations shall come into force on such date as the National Medical Commission may notify after due publication in the official Gazette.

To view the draft of the National Medical Commission (Establishment of Medical Colleges and Medical lnstitutions, Assessment and Rating & lncrease of Seats for Medical Education) Regulations, 2023, click here