NMC's new rules spell out harsh penalties for Misrepresentation by Medical Teachers
New Delhi: In the recently released Draft Postgraduate Medical Education Regulations (PGMER) 2023, the National Medical Commission (NMC) has spelt out harsher penalties for misrepresentation not only by medical colleges but also by the faculties working in those institutes.
This penalty comes in the form of a financial penalty as the Postgraduate Medical Education Board (PGMEB) of NMC has clarified that faculties of medical colleges will be charged up to Rs 5 lakh rupees and they will also be charged or penalized for misconduct under the Professional Conduct Regulations.
Medical Dialogues had earlier reported that the Draft PGMER 2023 laid down the draft framework as well as the regulations that are to be followed by all the medical colleges offering PG medical courses across the country.
The Draft Regulations include details about the courses specialities and components of Post-Graduate training, establishment of Post-graduate medical institutes and starting of new PG medical courses, admission and counselling, training of PG medicos, role of universities, details about departments, units, faculties and senior residents, examinations, sanction and penalty, faculty development programme, animal experimentation, collaborative research etc.
NMC has also noted in the Draft that penalties may be imposed for non-compliance or intentional attempts of non-compliance with these regulations. Along with prescribing the penalties for medical colleges, the Apex Medical Commission has also specified the penalties prescribed for the faculties of the medical institutes for misrepresentation.
The Commission has proposed to implement a monetary penalty on the medical college faculties/ Head of the Department (HoD)/ Dean/Director/Doctor for submitting false declaration/documents/records (including patients’ records). According to the Draft, for this reason, the faculties working in the medical colleges will have to pay a monetary penalty not exceeding Rs 5 lakhs.
Apart from this, NMC further clarified in the Draft Regulations that such doctors or medical college faculties can also be charged or penalized for misconduct under the Professional Conduct Regulations in place.
This rule of penalty for medical college teachers can also be read in the context of the menace of ghost faculties. The term "ghost faculty" is based on the fact that during transfers, medical colleges resort to temporary or last-minute transfers for approval during the inspection by the NMC.
Previously, the Supreme Court and the erstwhile Medical Council of India (MCI) took note of this problem of 'ghost faculty' and MCI prescribed imposing penalties on such doctors, on the grounds of misleading and supplying incorrect information.
Last year, with an aim to find an effective and convenient digital solution to the record of attendance of faculties, NMC directed all medical colleges to install a biometric attendance machine for regularly capturing the attendance of human resources as specified in the regulations. The Commission had directed the medical institutes to implement the Aadhaar Enabled Biometric Attendance System (AEBAS) by August 2022.
Penalties for Medical Institutes:
The Draft PGMER 2023 also specified in detail the proposed penalties to the medical institutes for violating the rules and regulations.
The penalties for violation of the regulations, in respect of the medical colleges, include the issuance of warning with direction to rectify/comply as the case may be by the medical institutes, monetary penalty not exceeding Rs 1 crore per every violation/act of omission conducted by the medical institute, withholding of the accreditation process of the concerned medical institute etc.
NMC may also recommend to the Medical Assessment and Rating Board (MARB) to withhold processing of application(s) for any new course including the increase of seats in the existing course, it may reduce the number of students in the next or subsequent academic years, and it may also stop admission to one or more of the courses in the next or subsequent academic years.
What Exactly Does the Draft PGMER 2023 Say?
Addressing the issue of Sanction and Penalty, in Section 9.1 of this chapter, NMC mentioned, "For non-compliance or intentional attempt of non-compliance act or omission, the PGMEB will penalize the medical college/institution."
NMC further mentioned that,
"Without prejudice to anything stated at Section 9.1 above, the imposition of the penalty may include one/more/ all of the following –
a. Issuance of warning with direction to rectify/comply as the case may be by the medical institution;
b. Monetary penalty not exceeding INR one crore per every violation/act of omission committed by the medical institution;
c. monetary penalty not exceeding Rupees five lakhs for the faculty/ Head of the Department (HoD)/ Dean/Director/Doctor submitting false declaration/documents/records (including patients’ records). Further, they can also be charged or penalized for misconduct under the Professional Conduct Regulations in vogue.
d. Withholding the accreditation process;
e. recommending to MARB for withholding processing of application(s) for any new course including increase of seats in the existing course for that academic year or for such number of years.
f. Reducing the number of students in the next or subsequent academic years to be admitted by the medical institution;
g. Stoppage of admission to one or more of the courses in the next or subsequent academic years.
h. Recommending to NMC for withdrawal of permission; i. Withholding and withdrawal of accreditation for a period up to five academic years.
j. Any attempt to pressurize PGMEB or NMC through individuals or agency will lead to immediate halt of the processing the application/request by the medical institution.
Provided further that the medical institution, may be granted a reasonable opportunity to rectify the deficiencies and any further action shall be taken if it fails to meet the requisite norms. Provided further that, the PGMEB or the NMC may also initiate criminal proceedings for furnishing false information, or fabrication of false documents as per the criminal law in force at that time."
To view the Draft Regulations, click on the link below:
