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NMC yet to take action against 30 doctors in pharma freebies case

Pharma Freebies
New Delhi: Nearly 10 months have passed since the Department of Pharmaceuticals (DoP) recommended disciplinary action against 30 doctors accused of accepting pharma-sponsored foreign trips worth Rs 1.91 crore to Monaco and Paris, the National Medical Commission (NMC) is yet to take a decision on the matter.
The case continues to remain under consideration with the Ethics and Medical Registration Board (EMRB), which is currently facing vacancies in key positions.
Under the existing regulations, it is required for the Ethics and Medical Registration Board (EMRB) of NMC, which regulates the professional conduct and promotes medical ethics, to dispose of the complaint within six months.
Also Read: NMC Probes Allegations in Rs 1.91 Crore Pharma Freebies Case
Medical Dialogues had earlier reported that the Department of Pharmaceuticals (DoP) had last year received a complaint stating that the pharma company AbbVie provided travel tickets and hotel accommodations for extravagant pleasure trips under the guise of conferences (Aesthetics 86 Anti-Aging Medicine World Congress 2024), which took place from February 1 to 3, 2024, and from March 26 to 29, 2024, in Monaco and Paris, respectively, for 30 doctors connected to the medical aesthetics/anti-ageing products (Botox and Juvederm).
The total expense was reported to be Rs 1.91 crore, covering flights and hotel stays. Later, while investigating the issue, the Special Audit Committee of DoP found these allegations true.
Earlier, the DoP Committee reprimanded AbbVie Healthcare and requested that the Central Board of Direct Taxes (CBDT) evaluate M/S's tax liability. AbbVie Healthcare India Pvt Ltd along with 30 HCPs and take action in accordance with the provisions of the Income Tax Act, 1961 read with the subordinate circulars issued in this regard.
Apart from this, the apex committee for Pharma Marketing Practices, Department of Pharmaceuticals, under the Ministry of Chemicals and Fertilisers, on December 23, 2004, had directed NMC to take action against the 30 offending HCPs (healthcare professionals) as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
As per Section 8.7 of the MCI Ethics Regulations 2002,
"Where either on a request or otherwise the Medical Council of India is informed that any complaint against a delinquent physician has not been decided by a State Medical Council within a period of six months from the date of receipt of complaint by it and further the MCI has reason to believe that there is no justified reason for not deciding the complaint within the said prescribed period, the Medical Council of India may-
(i) Impress upon the concerned State Medical council to conclude and decide the complaint within a time bound schedule;
(ii) May decide to withdraw the said complaint pending with the concerned State Medical Council straightaway or after the expiry of the period which had been stipulated by the MCI in accordance with para(i) above, to itself and refer the same to the Ethical Committee of the Council for its expeditious disposal in a period of not more than six months from the receipt of the complaint in the office of the Medical Council of India."
The new chairperson of NMC, Dr. Abhijat Sheth had earlier informed that the matter regarding the 30 doctors, who were found guilty of accepting a foreign trip sponsored by pharma company AbbVie, is still "under consideration". Dr. Sheth had also confirmed that the matters pending before the Ethics and Medical Registration Board (EMRB) of NMC could not be taken up. In the case of EMRB, four out of five posts are lying vacant, including that of its president.
Also Read: Rs 1.91 crore Pharma Freebies case under review: NMC