Warning issued to FMG graduates for writing MBBS degree as MD physician in Telangana

Written by Barsha Misra Published On 15 March 2022 12:11 PM | Updated On 15 March 2022 2:26 PM

Warning issued to FMG graduates for writing MBBS degree as MD physician in Telangana

Nalgonda: Issuing a warning to the Foreign Medical Graduates practicing in Nalgonda district, the District Medical and Health Officer has clarified that the doctors should mention in their prescription pad only the degree which they actually own, or face stern action.

Such a direction was issued by the Office of the District Registering Authority after it took note of the fact that several foreign return doctors were claiming to be MD (Physicians) when they were only MBBS degree holders in reality.

The subject of the show cause notice reads, "TSAPPMC Establishment Act 2002 – Foreign Medical Graduates Possessing MBBS qualification from various Universities of China, Russia, Ukraine, Phillipines, Nepal and other countries claiming their qualification as M.D (Physician)…"

Taking note of the issue, the DMHO mentioned in the notice, "All the Foreign Medical Graduates practising in the Nalgonda District are hereby strictly instructed to put MBBS Degree only which they are entitled. Some of the Doctors who obtained graduate degree from foreign countries are putting M.D (Physician) in their letterhead i.e. prescription pad. This is highly objectionable and not allowed as per the Telangana State Medical Council Orders."

Also Read: Fraud entries of doctors registration found at Medical Council online database: Telangana police

Warning to mention only the degree that the doctors own, the notice further mentioned, "Hence, all the foreign Medical Graduates who are putting MD (Physician) degree are here by strictly warned not put MD (Physician) as they are entitled for MBBS Degree only."

"Any deviation in this regard will be viewed seriously and stern action will be initiated against the erring persons under the Indian Penal Code Section in force, and will be booked under cheating case in the nearby Police Station," further read the notice.

"Further, the Doctors are hereby strictly advised not to use the Prescription pads containing M.D (Physician) Degree instead of MBBS Degree. They are instructed to use new prescription pads with MBBS Degree within Seven Days of time from the date of receipt of this show cause notice," it added.

Such a direction has come from the District Health authorities when only a few days back a senior assistant of the Telangana State Medical Council got arrested by Hyderabad city police for taking bribe from two FMGs from China and help them obtain registration by tampering with the council's database.

FMG association responds with legal notice:

Responding to the authorities show cause notice, the Association of MD Physicians, an association of Foreign Medical Graduates, has now issued a legal notice calling upon the concerned to indicate the statutory basis for issuance of the notice against them by placing the relevant sections of the TSAPPMCE Act 2022/2007 that permit to issue each of the said directions.

The association has further asked the authorities to provide the relevant representation of physicians referred to in the notice as well as indicate the statutory provisions of the IMC Act 1956 that empower them to issue the directions.

The association's advocate has pointed out that the show cause notice, without the aforesaid information, 'does not provide the basis for issuance'. "It is also unclear what procedure is sought to be followed by you after the issuance of the SCN, as usual the norms of natural justice require that a person be heard after issuance of a SCN, and also be permitted to file written responses thereto, which shall then be adjudicated upon by a quasi judicial authority," the counsel stated in the legal notice.

The association has alleged that the show cause notice has been issued without jurisdiction and is incomplete and is also on the basis of certain vested interests of those who believe that FMGs are "taking away patients who would otherwise visit them for medical consultation."

"FMGs have been practicing within the territory of the state of Telangana, and previously Andhra Pradesh since 1997, while displaying the Degree "MD (Physicians)" without any hindrance or complaints of confusion or misrepresentation of any sort. The position is the same across India, and FMGs are practising across the country while displaying the Degree namely the "MD (Physicians)" degree", read the legal notice by the association.

"The interdiction sought to be placed by you on the fundamental right of members of my clients to practice their professional and their fundamental right to freedom of speech by displaying their legitimate degrees awarded to them as recognised by India, is wholly contract to all canons of law. This is all the more so since no statutory basis has been provided for the basis of issuance of the directions by you and there is also no procedure prescribed to how the cause is to be shown by members of my clients issuance of the SCN," the legal notice further read.

Warning of initiating appropriate proceedings in law, the advocate have called upon the authorities to forthwith and no later than within 14 days of receipt of the said legal notice, "withdraw the SCN, and in interrregnum, to provide the documents and information sought".

District Medical and Health OfficerDMHONalgondaForeign Medical GraduatesfmgForeign medical graduate doctorsmbbs degreeMD physician

Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.