No Central Data on Action Against Doctors over failure to Prescribe Generic Medicines: Health Minister
Generic Medicine
New Delhi: The Union Minister of State for Health Smt. Anupriya Patel informed the Rajya Sabha recently that the Central Government has no data on disciplinary actions taken against registered medical practitioners (RMPs) who failed to prescribe generic names of medicines.
In response to the queries raised by Rajya Sabha member Shri Saktisinh Gohil, the Union MoS Health informed that "No data related to number of disciplinary proceedings and penalties against RMPs in the past five years is maintained centrally by the Ministry."
Shri Gohil asked the Ministry whether the Government was aware that the regulation requiring registered medical practitioners (RMPs) to prescribe medicines by generic names is ignored in 99 per cent of cases, limiting access for marginalized communities. Further, he sought the details of actions taken, including the number of disciplinary proceedings and penalties against the RMPs in the past five years.
Apart from this, he also sought the details of directions issued by the Government, National Medical Commission (NMC), Medical Council of India (MCI) and other authorities regarding generic prescriptions, and the details of the Government hospitals complying with the regulation to prescribe medicines by generic names.
In response to these queries, Minister 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 drugs.
Further, the erstwhile Medical Council of India (MCI) had issued Circulars dated 22.11.2012, 18.01.2013 and 21.04.2017 through which all Registered Medical Practitioners were directed to comply with these aforementioned provisions, informed the Minister.
"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. No data related to number of disciplinary proceedings and penalties against RMPs in the past five years is maintained centrally by the Ministry. Further, States have been advised to ensure prescription of generic drugs and conduct regular prescription audits in public health facilities," informed the Minister.
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. Earlier this 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.
