42 percent doctors without renewed licenses! CAG report in Delhi
CAG Report on Delhi Health Infrastructure
New Delhi: The Comptroller and Auditor General of India in its report on "Public Health Infrastructure and Management of Health Services" has highlighted major lapses on the part of the Delhi Medical Council (DMC) including its alleged lack of action to eradicate quackery and promptly act on complaints of misconduct/medical negligence by medical practitioners. The CAG further noted that over 42 percent of doctors had not renewed their registration as of May 2022 with the medical council.
"Delhi Medical Council (DMC) has not conducted any surprise inspection to identify Quacks and also failed to register FIRs against persons who were found practising medicine unauthorisedly. DMC also did not take prompt action on complaints of misconduct/medical negligence by medical practitioners," stated the CAG report for the year ended 31 March 2022.
Delhi Medical Council (DMC) is a statutory body constituted in September 1998 through the Delhi Medical Council Act, 1997 by the Government of NCT of Delhi. The Council regulates the practice of the modern scientific system of medicine in the NCT of Delhi.
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♦ What Did the CAG Report Highlight?
42% of Doctors Did not Renew their DMC Registrations!
The CAG Report pointed out that while the rules require all the medical practitioners in the NCT of Delhi to renew their registration with the Delhi Medical Council every five years, 56,742 out of a total of 1,34,958 Registered Medical Practitioners (RMPs), constituting 42 per cent, had not renewed their registration as of May 2022.
Lack of Proper Action Against Quacks:
According to the CAG report, the medical council did not conduct any surprise inspections to identify Quacks (unqualified medical practitioners) and also failed to register FIRs against persons who were found practising medicine unauthorisedly.
Section 26 of the Delhi Medical Council Act, 1997 requires that any person who falsely claims to be registered with the council, on conviction, shall be punished with a fine up to Rs five thousand. Further, Section 17 of the Act envisages that any person practising modern medicine without getting registered shall be punishable with rigorous imprisonment up to three years or fine up to Rs twenty thousand or both.
The CAG report pointed out that the complaints against quacks received in the council office are forwarded to the Chief District Medical Officer (CDMO) to carry out inspection and send the reports to the medical council. Disciplinary Committee, the medical council requested police authority concerned to register FIRs against persons found practising modern medicine without having proper authorization.
However, the test check of records revealed that no survey or inspection was carried out by the CDMOs concerned in 14 complaints out of 928 complaints received between February 2017 and January 2022 even after delays of 126 to 2289 days.
"Audit noted that during 2016-2022 (up to September 2022), police had registered FIRs against 40 persons (12 per cent) out of 335 persons who were practicing medicine without required qualifications. DMC did not actively pursue cases where action was not initiated by the police. Further, Anti-Quack Response Team (AQRT) of DMC had not conducted any surprise raid/inspection to prevent practice of modern scientific system of medicine by unauthorized persons. Such inaction allows the quacks to operate with impunity as the envisaged deterrence is non-existent," the CAG report mentioned.
Meanwhile, the Delhi Medical Council stated in November 2022 that complaints could not be disposed of timely due to the delay in inspection/survey by the CDMOs concerned against unqualified medical practitioners/quacks. DMC further stated that the police were requested to register FIRs against such persons who are practising medicine without holding the required qualifications but in spite of repeated requests police failed to register the FIRs.
Referring to DMC's justification, the CAG report mentioned, "Reply is not acceptable as it is the overall responsibility of the DMC to prevent unqualified persons from practicing medicine in Delhi."
Laxity in Disposing of Complaints of Misconduct & Medical Negligence Against Medical Practitioners:
The CAG report also addressed the laxity on the part of the Delhi Medical Council in the disposal of complaints of medical negligence or misconduct made against Medical Practitioners.
It pointed out that under Section 21 of the DMC Act, DMC was to set up a Disciplinary Committee of six members chosen from members of the council to conduct enquiry of misconduct/ medical negligence of registered medical practitioners against whom complaints are made. The report mentioned that the medical council may enquire against the medical practitioners either suo-moto or based on any complaint through the Disciplinary Committee.
As per instructions of the Medical Council of India (MCI), all complaints received against registered medical practitioners related to unethical practice shall be resolved within six months from the date of receipt of such complaints by all state medical councils.
However, the CAG report highlighted that while during the years 2016-2017 to 2020-2021, DMC received 1452 complaints, a total number of 49 complaints, 42 complaints and 120 complaints were still pending even after delays of 181-360 days, 361-660 days and above 660 days respectively whereas 26 complaints, 689 complaints and 118 complaints were disposed of after delay of 181-360 days, 361-660 days and above 660 days respectively.
DMC tried to reason the delay by stating that the complaints against doctors could not be disposed of timely or are still pending due to a delay in the constitution of the council amid the COVID pandemic.
However, the CAG report mentioned in this regard, "The reply is not acceptable as most of the complaints pertain to pre-COVID period when Council was in existence."
Medical Dialogues had earlier reported that the audit report on the Delhi Government's "Public Health Infrastructure and Management of Health Services", prepared by the Comptroller and Auditor General (CAG) of India, revealed shocking gaps in Delhi's healthcare facilities.
Meanwhile, recently, the Delhi Health and Family Welfare Department issued a show-cause notice to the Delhi Medical Council, threatening disciplinary action under the Delhi Medical Council Act 1997. Further, the Government had also threatened dissolution of the Council under Section 29 of the Medical Council Act, 1997.
Thereafter, the Government sought the details of several allegations raised against the Delhi Medical Council (DMC) president, Dr Arun Gupta, Vice-President Dr Naresh Chawla, and Registrar Dr Girish Tyagi.
Writing to the medical council, the Deputy Secretary (Council) of the Delhi Health Department asked to clarify the allegations including financial misconduct, the illegal extension of tenure, non-disclosure and impression of information, and recruitment violations.
Also Read: Delhi Medical Council in Hot Seat! Govt Demands Clarifications on alleged Violations
