Despite Supreme Court ruling, NMC disallows appeals by patients against state council decisions | India News
NEW DELHI: The national medical commission (NMC) has rejected 65 appeals from patients against state medical council decisions in keeping with its October 2021 decision that only appeals from doctors would be taken up by its Ethics and Medical Registration Board (EMRB) and that patients should not be allowed to file appeals before the EMRB.
A patient’s right to appeal against the decision of any state medical council before the apex medical regulator was a result of a case in the Supreme Court, which led to a new clause being incorporated in the ethics code for doctors in 2003, allowing such appeals. However, ignoring this, the NMC has decided to disallow appeals of non-doctors.
According to the NMC’s response to RTI activist and ophthalmologist Dr KV Babu’s RTI application, from March to September this year, 65 appeals from non-doctors “have been returned due to their non-maintainability under section 30(3) of the NMC Act, 2019”.
Section 30 (3) of the NMC Act 2019 states: “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).” Sub-section (4) allows doctors to appeal to the commission against EMRB decisions within sixty days of communication of the decision.
“How can the NMC take away a right given to patients by the Supreme Court? The regulator is meant to regulate the profession in public interest. It is not a professional interest group. The NMC Act states that ‘the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder’. The ethics code has not been replaced by the NMC. It continues to operate and so does clause 8.8. So the NMC’s decision to disallow appeals of non-doctors is illegal,” argued Dr Babu.
In 2003, the members of an Adhoc Committee appointed by the Supreme Court and of the Executive Committee of the erstwhile Medical Council of India approved the suggestion for incorporation of new clauses which included clause 8.8 in Chapter 8 of the Professional Conduct Etiquette and Ethics Regulations, 2002. This was approved by the Council in its general body meeting held on October 20, 2003. Clause 8.8 stated: “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.” This was notified in the Gazette of India on May 27, 2004.
While rejecting a patient’s appeal in March this year, NMC referred to section 30(3) of the NMC Act and stated that in a meeting of the commission held on October 16, 2021 it was reiterated that only medical practitioners or professionals should be allowed to file an appeal before EMRB, and that “patients should not be allowed to file appeal before EMRB” under the section. It went on to state that it has been decided by EMRB that all appeals of non-doctors “filed on or after coming into force of the NMC Act, 2019 with effect from September 25, 2020 shall be returned”.
Dr Babu also wrote to the health ministry against this decision of the NMC, but beyond forwarding his letter to the NMC the ministry has not intervened to safeguard public interest. Attempts to get a response from NMC on the issue proved futile.
A patient’s right to appeal against the decision of any state medical council before the apex medical regulator was a result of a case in the Supreme Court, which led to a new clause being incorporated in the ethics code for doctors in 2003, allowing such appeals. However, ignoring this, the NMC has decided to disallow appeals of non-doctors.
According to the NMC’s response to RTI activist and ophthalmologist Dr KV Babu’s RTI application, from March to September this year, 65 appeals from non-doctors “have been returned due to their non-maintainability under section 30(3) of the NMC Act, 2019”.
Section 30 (3) of the NMC Act 2019 states: “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).” Sub-section (4) allows doctors to appeal to the commission against EMRB decisions within sixty days of communication of the decision.
“How can the NMC take away a right given to patients by the Supreme Court? The regulator is meant to regulate the profession in public interest. It is not a professional interest group. The NMC Act states that ‘the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder’. The ethics code has not been replaced by the NMC. It continues to operate and so does clause 8.8. So the NMC’s decision to disallow appeals of non-doctors is illegal,” argued Dr Babu.
In 2003, the members of an Adhoc Committee appointed by the Supreme Court and of the Executive Committee of the erstwhile Medical Council of India approved the suggestion for incorporation of new clauses which included clause 8.8 in Chapter 8 of the Professional Conduct Etiquette and Ethics Regulations, 2002. This was approved by the Council in its general body meeting held on October 20, 2003. Clause 8.8 stated: “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.” This was notified in the Gazette of India on May 27, 2004.
While rejecting a patient’s appeal in March this year, NMC referred to section 30(3) of the NMC Act and stated that in a meeting of the commission held on October 16, 2021 it was reiterated that only medical practitioners or professionals should be allowed to file an appeal before EMRB, and that “patients should not be allowed to file appeal before EMRB” under the section. It went on to state that it has been decided by EMRB that all appeals of non-doctors “filed on or after coming into force of the NMC Act, 2019 with effect from September 25, 2020 shall be returned”.
Dr Babu also wrote to the health ministry against this decision of the NMC, but beyond forwarding his letter to the NMC the ministry has not intervened to safeguard public interest. Attempts to get a response from NMC on the issue proved futile.
