Proposal allowing Patients to appeal against State Medical Council Decisions to NMC gone on hold
New Delhi: The proposal to amend the National Medical Commission (NMC) Act 2019 allowing the patients and their relatives to challenge the decisions of State Medical Councils (SMCs) before the Ethics and Medical Registration Board (EMRB) of NMC has now been put on hold by the Central Government.
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.
Although the erstwhile Medical Council of India (MCI), allowed the patients and their relatives to approach the orders of State Medical Councils before the Apex Medical Body, the NMC Act 2019 does not allow the same privilege.
In fact, 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.
Based on the Supreme Court's directions, MCI had amended its Code of Ethics Regulations. One such amendment was included in Clause 8.8 of the Code of Ethics Regulations. It read, "8.8 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."
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However, with NMC taking over the MCI, NMC Act 2019 came into force. Section 30(3) of the NMC Act 2019 reads, "(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)."
Therefore, the families of patients lost their right to approach NMC challenging the orders passed by the State Medical Councils. The new rules state that only doctors or medical professionals who are aggrieved by the State Medical Council orders will be allowed to appeal before the Ethics and Medical Registration Board (EMRB) of the top medical regulator.
Earlier this year, the Union Health Ministry, through a Public Notice, introduced the National Medical Commission (Amendment) Bill, 2022. The Ministry informed its decision "to provide provision for patients/their relatives/complainant to prefer appeal in the Ethics and Medical Registration Board/National Medical Commission against the decision/action of State Medical Council in complaints related to medical negligence/professional misconduct."
Inviting comments in this regard from the public and stakeholders, the Notice further mentioned, "It has been decided to solicit suggestions/comments/objections from the public/stakeholders with regard to the said draft Amendment Bill. The suggestions/comments/objections may be forwarded within 30 days from the date of issue of this Notice by email to sunilk.gupta35anic.in or by post to Under Secretary (Medical Education Policy Section), Ministry of Health & Family Welfare, Room No. 514, A Wing, Nirman Bhawan, New Delhi -- 110011. The suggestions/comments/objections received on the above email/address within the period of 30 days from the date of issue the Notice, shall be taken into consideration for finalization of the notification."
As per the latest media report by The New Indian Express, an RTI reply has revealed that the Central Government has put its proposal to amend the NMC Act 2019 on hold. Commenting on the matter, Kannur-based Health Activist, Dr. KV Babu, who filed an RTI in this regard in September, told TNIE, "The reply to my query clearly stated that the amendment in the NMC Act has been kept on hold."
Dr. Babu, who has been raising the issue time and again, further added, "Unfortunately, patients and their relatives’ right to appeal have not been restored."
