Patients can file appeals against state medical councils orders: NMC
National Medical Commission (NMC)
New Delhi: Considering patients' rights, the National Medical Commission (NMC) has now decided to take up their appeals against state medical councils' orders. Even though this provision was already there during the erstwhile Medical Council of India (MCI), since 2020, NMC, which replaced MCI, has been rejecting appeals by patients.
Relying on Section 30(3) of the NMC Act 2019, the Commission had time and again clarified that only doctors had the right to appeal against the State Medical Council's rulings.
However, this scenario is soon going to change as NMC has now decided that all appeals received by the Ethics and Medical Registration Board (EMRB) will be entertained. NMC mentioned this decision in the minutes of the 16th meeting held on 23rd September 2024, a copy of which was shared with Dr. K V Babu, who filed an RTI application in this regard.
As per the document, a copy of which is with the Medical Dialogues team, the issue of taking a policy decision regarding the disposal of non-medico's complaints not decided by the State Medical Councils within the prescribed time limit was an agenda of the 14th meeting of NMC Ethics Board.
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In this regard, NMC agreed that "all appeals received by EMRB will be entertained."
Further, regarding the issue of action not being taken by state medical councils, SMCs on complaints filed by Non-medicos even after issuance of reminders by the boards, "It was decided to send a communication by EMRB to State Medical Councils to complete the process in a time bound manner."
"In case of failure by the concerned SMC to act upon, EMRB may take over the complaint matter from the SMC and dispose the same. This is noted by EMRB, and board will proceed further accordingly," the minutes of the 16th NMC meeting read. However, NMC's decision to take up the patients' appeals has not been made public yet.
Speaking to Medical Dialogues in this regard, Health Activist Dr. KV Babu, who has been raising the matter for a long time, said, "I welcome the decision of the NMC, though delayed. I had been repeatedly arguing that the patients have the right to appeal against the SMC decision under ethics regulation 2002, 8.8."
Section 8.8 of the MCI Ethics Regulations 2002 states, "Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council: Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days."
"Happy that better sense prevailed," added Dr. Babu, while thanking the NMC chairman, to whom Dr. Babu had approached with the matter.
Medical Dialogues had earlier reported how NMC had turned down 65 appeals moved by patients or their families between March to September 2022 on the grounds of non-maintainability. The data came to light in response to an RTI application filed by Dr Babu back in 2022.
These appeals were rejected as per Section 30(3) of the NMC Act 2019 which states, "(3) A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board against such action, and the decision, if any, of the Ethics and Medical Registration Board thereupon shall be binding on the State Medical Council, unless a second appeal is preferred under sub-section (4)."
Back in 2023, the Central Government put the proposal to amend the NMC Act 2019 allowing the patients and their relatives to challenge the decisions of the State Medical Councils (SMCs) before the NMC Ethics Board on hold. This was revealed by the authorities in response to a Right to Information (RTI) application filed by Health Activist Dr. KV Babu. The proposal for amending the NMC Act 2019 was put forth by the Government itself.
