NMC, State Medical Councils empowered to take action against doctors for violating generic prescription rules: Health Minister
Prescribe Generic Medicine
New Delhi: The Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) and the State Medical Councils are empowered under the National Medical Commission Act, 2019 to take disciplinary action against a doctor for not writing generic names of drugs on the prescriptions, MoS Health Smt Anupriya Patel informed the Lok Sabha recently.
Apart from this, the Union Minister of State for Health, Smt. Patel further informed that the States have also been advised to ensure prescription of generic drugs and to conduct regular prescription audits in public health facilities.
This information was shared by the Minister while responding to the queries raised by parliament member Shri Babu Singh Kushwaha, who asked whether the Government was aware that doctors generally prescribe branded medicines instead of mentioning the name of the salt or formula, due to which, the patients have no option but to purchase expensive medicines from branded companies in the country.
MP Kushwaha also questioned the Minister about the steps taken/ proposed to be taken by the Government to ensure that doctors prescribe generic medicines or mention the name of the salt instead of branded medicines.
In response to these queries, MoS Patel informed that Clause 1.5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 prescribes that every physician should prescribe drugs with generic names legibly and preferably in capital letters and he/she shall ensure that there is rational prescription and use of drug. Further, the erstwhile Medical Council of India(MCI) had issued Circulars vide which all Registered Medical Practitioners have been directed to comply with the aforesaid provisions.
"The Directorate General of Health Services has directed all Central Government hospitals to prescribe generic medicines only. Similar instructions also have been issued to prescribe drugs with generic name legibly’ to all Central Government Health Scheme (CGHS) Doctors and Wellness Centres," the Minister said.
"The National Medical Commission Act, 2019, empowers the appropriate State Medical Councils or the Ethics and Medical Registration Board (EMRB) of the National Medical Commission to take disciplinary action against a doctor for violation of the provision of the aforesaid Regulations. Further, States have been advised to ensure prescription of generic drugs and conduct regular prescription audits in public health facilities," she further added.
Medical Dialogues had earlier reported that releasing the NMC RMP Regulations 2023, the Apex Medical Commission had made it mandatory for all the registered medical practitioners to prescribe generic medicines.
Chapter 1 Section 8 of the NMC RMP Regulations 2023 states,
"Prescribing Generic Medicines: Every RMP should prescribe drugs using generic names written legibly and prescribe drugs rationally, avoiding unnecessary medications and irrational fixed-dose combination tablets. (L1 and/or L2)(Generic Drugs and Prescription guidelines)."
Further, Guidance to RMPs line 1 states "Prescribe drugs with “generic”/“non-proprietary”/“pharmacological” names only."
More importantly, the new code of Conduct laid stress on generic prescriptions by doctors only, making violation of the same a punishable offence where punishment can lead to suspension of licence for up to 30 days. However, these regulations were earlier opposed by the Medical Fraternity and finally the regulations were put on hold. Last year, media reports mentioned that the Union Health Ministry had asked NMC to modify the NMC RMP Regulations, 2023.
Commenting on the matter, a senior Union Ministry official had reportedly said that it might not be practical to only prescribe generic medicines in all cases mandatorily. The official had also pointed out that in some cases, a drug might have multiple ingredients and it would not be practical for the doctors to write lengthy prescriptions.
When the MoS Health was previously asked about the data on disciplinary actions taken against registered medical practitioners (RMPs) who failed to prescribe generic names of medicines, she had informed last year that "No data related to number of disciplinary proceedings and penalties against RMPs in the past five years is maintained centrally by the Ministry."
