NMC norms don't have option for appeals by patients, proposal pending at govt level
NMC Rejects Patient's Appeal
New Delhi: Can patients file an appeal to the National Medical Commission (NMC) against the state medical council decisions?- Till now, there is no option as the NMC does not allow the patients, only doctors can file an appeal. However, a proposal to this effect has been pending with the Health Ministry for the past few years, a recent RTI has revealed.
Health Activist Dr Babu KV has questioned this move of the Apex Medical Commission pointing out that last year in August, through a Gazette notification, the Commission had clarified that with the NMC Registered Medical Practitioner (Professional Conduct) Regulations, 2023 being on hold, the erstwhile Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 would come into force with immediate effect.
As per the 2002 regulations, any person can challenge the order of the State Medical Council before the erstwhile Medical Council of India (MCI). They could also file pleas against doctors before MCI, which was later replaced by NMC.
Even though NMC RMP Regulations 2023 were published in a Gazette last year in August, they were later put on hold. On 23rd August 2023, NMC published National Medical Commission Registered Medical Practitioners (Professional Conduct) (Amendment) Regulations, 2023 and stated that "the National Medical Commission hereby adopts and makes effective with immediate effect the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002”, as if the same have been made by the Commission by virtue of the powers vested under the National Medical Commission Act, 2019 (Act No. 30 of 2019)."
To remove any doubts, the Apex Medical Commission had clarified that the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 would "come into force with immediate effect."
Section 8.8 of the 2002 regulations mentions, "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..."
Also Read: NMC rejected 65 appeals moved by patients, reveals RTI
A month ago, as per the TOI report, a patient in Chennai filed an appeal against the State Medical Council's decision in a case of alleged medical negligence. However, NMC rejected the appeal on the ground that as per existing NMC Act 2019, only doctors can apply on first appeal in NMC. The Daily has further reported that the complainant was further informed by the NMC Ethics Section that Section 8.8 of the 2002 regulations were abolished on September 25, 2020 after NMC Act 2019 came into force.
Medical Dialogues had earlier reported that 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 that 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)."
Commenting on the issue, Dr Babu, who has been raising the matter for the last few years, told Medical Dialogues, "Though the NMC is in office for about four years ,EMRB is repeatedly rejecting the appeals by patients against the State Medical Council's decisions . The Gazette Notification from the EMRB of August 2023 ,reiterates the position that MCI ethics regulations 2002 is still enforceable & hence naturally right to appeal by the patients under 8.8 of the regulations."
"What is more shocking is the inept handling of the situation by the MoH by not directing the NMC to put an end to the illegality / not enacting the amendments to NMC Act 2019 the draft of which is on the public domain from December 2022 onwards. I request the NMC Chairman & the Union Health Minister to put an end to this illegality," he added.
Last year, 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.
