NMC specifies appellate mechanism for doctors penalised for violating ethical advertising guidelines
New Delhi: Along with the penalties that the doctors may face for violating the ethical advertising and public communication guidelines, the Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) has also laid down the procedure to avail the appellate mechanism.
Any Registered Medical Practitioner (RMP), aggrieved by the findings or decision of the State Medical Council (SMC) may appeal by following the procedure-
√ Any RMP aggrieved by the findings or decision of the SMC may prefer an appeal before the Appellate Authority i.e, EMRB,NMC, within 60 days under Section 30 (3) of the NMC Act, 2019.
√ The Appellate Authority shall independently examine the appeal and may, where considered necessary, call for the records and direct a fresh assessment, seek additional opinion, or undertake such further examination as it deems fit in accordance with these Guidelines.
√ The Appellate Authority shall pass a reasoned and speaking order, clearly recording the basis for affirming, modifying, or setting aside the findings of the SMC.
√ The decision on the first appeal may be contested by the RMP through second appeal, in accordance with Section 30 (4), NMC Act, 2019, within sixty days of communication of such decision.
√ In case of any violation by a hospital or medical institution, the corresponding penalty and appellate mechanism, in accordance with the Clinical Establishments Act and the Rules framed thereunder/ any other State Act as applicable, shall apply. Where an RMP has personally authorized, participated in, endorsed or otherwise been responsible for the prohibited communication, the professional conduct of such RMP may separately be examined by the concerned State Medical Council, Ethics and Medical Registration Board or National Medical Commission, as applicable.
Medical Dialogues had earlier reported that NMC released Guidelines on Ethical Advertising and Public Communication by hospitals/medical institutions and Registered Medical Practitioners on 06.10.2026 to regulate advertisements and digital communications relating to medical practice and healthcare services in an ethical, truthful, transparent, and responsible manner.
Penalties:
Under these Guidelines, NMC has prescribed graded action that doctors may face in case of non-compliance. In the case of a first violation, the doctors will receive only a warning from the concerned State Medical Council along with mandatory ethics training. Thereafter, they may face censure and a monetary penalty if the violation is repeated a second time.
However, for a third violation, their medical registration may get suspended for a period of 3 to 6 months. In the case of serious violations such as misleading cure claims, inducement for patients, digital mass solicitation, etc., the period of suspension may be extended up to 12 months. For repeated violations, the names of doctors may be removed from the medical register for a period of 1 to 3 years.
