MCI Update This Bill/Notification, pending since 2010, has been recently approved by the General Body of the Medical Council of India (MCI) and is likely to get notified soon. MEDICAL COUNCIL OF INDIA NOTIFICATION New Delhi, the––––May 2010 No.MCI–211(1)/2010(Ethics)/– In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956(102 of 1956), the Medical Council of India with the previous sanction of the Central Government, hereby makes the following Regulations to amend the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002:– (i) These Regulations may be called the Indian Medical Council(Professional Conduct, Etiquette and Ethics) (Amendment) Regulations 2010 (ii)They shall come into force from the date of their publication in the Official Gazette. 1. In the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, the following additions/modifications/deletions/substitutions, shall be, as indicated therein:- 3.(i) The title of Section 6.8, as amended vide notification dated 10.12.2009, shall be further amended by deleting the words and professional association of doctors as under:– 6.8 Code of conduct for doctors in their relationship with pharmaceutical and allied health sector industry. (ii) Section 6.8.1(b); as amended vide notification dated 10/12/2009, shall be substituted as under: (b) Travel Facilities: A medical practitioner shall not accept any travel facility inside the country or outside; including rail, road, air, ship, cruise tickets, paid vacation; etc. from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacation or for attending conferences, seminars, workshops, CME Programme; etc. as a delegate. (iii) Action to be taken by the Council for violation of Section 6.8, as amended vide notification dated 10/12/2009, shall be prescribed by further amending the Section 6.8.1 as under:– SECTION ACTION 6.8.1 In dealing with pharmaceutical and allied health sector industry, a medical practitioner shall follow and adheres to the stipulations given below: a) Gifts: A medical practitioner shall not receive any gift from any pharmaceutical or allied health care industry and their sales people or representatives Gifts more than Rs.1,000/- upto Rs.5000/– Censure Gifts more than Rs.5000/– upto Rs.10000/– Removal from Indian Medical Register or State Medical Register for 3(three) months Gifts more than Rs.10000/– to Rs.50,000/– Removal from Indian Medical Register or State Medical Register for six months Gifts more than Rs.50,000/– to Rs.1,00,000/– Removal from Indian Medical Register or State Medical Register for One Year Gifts more than Rs.1,00,000/–“ Removal for a period of more than one year from Indian Medical Register or State Medical Register/ b) Travel facilities: A medical practitioner shall not accept any travel facility inside the country or outside, including rail, road, air, ship, cruise tickets, paid vacations etc. from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacation or for attending conferences, seminars, workshops, CME programme etc as a delegate Expenses for travel facilities more than Rs.1,000/- upto Rs.5000/–: Censure Expenses for travel facilities more than Rs.5000/- upto Rs.10000/–: Removal from Indian Medical Register or State Medical Register for 3(three) months Expenses for travel facilities more than Rs.10000 to Rs.50,000/–: Removal from Indian Medical Register or State Medical Register for six months Expenses for travel facilities more that Rs.50,000/– to Rs.1,00,000/–: Removal from Indian Medical Register or State Medical Register for one year. Expenses for travel facilities more than Rs.1,00,000/–: Removal for a period of more than one year from Indian Medical Register or State Medical Register c) Hospitality: A medical practitioner shall not accept individually any hospitality like hotel accommodation for self and family members under any pretext. Expenses for Hospitality more than Rs.1,000/- upto Rs.5000/–: Censure Expenses for Hospitality more than Rs.5000/– upto Rs.10000/–:Removal from Indian Medical Register or State Medical Register for 3(three) months Expenses for Hospitality more than Rs.10000/– to Rs.50,000/–: Removal from Indian Medical Register or State Medical Register for six months. Expenses for Hospitality more than Rs.50,000/– to Rs.1,00,000/–: Removal from Indian Medical Register or State Medical Register for One Year. Expenses for Hospitality more than Rs.1,00,000/-: Removal for a period of more than one year from Indian Medical Register or State Medical Register. d) Cash or monetary grants: A medical practitioner shall not receive any cash or monetary grants from any pharmaceutical and allied healthcare industry for individual purpose in individual capacity under any pretext. Funding for medical research, study etc. can only be received through approved institutions by modalities laid down by law / rules/ guidelines adopted by such approved institutions, in a transparent manner. It shall always be fully disclosed. Cash or monetary grants more than Rs.1,000/– upto Rs.50000/– Censure Cash or monetary grants more than Rs.5000/– upto Rs.10000/–: Removal from Indian Medical Register or State Medical Register for 3(three months) Cash or monetary grants more than Rs.10000/– to Rs.50,000/–: Removal from Indian Medical Register or State Medical Register for six months Cash or monetary grants more than Rs.50,000/–to Rs.1,00,000/–: Removal from Indian Medical Register for State Medical Register for one year Cash or monetary grants more than Rs.1,00,000/–: Removal for a period of more than one year from Indian Medical Register or State Medical Register. e) Medical Research: A medical practitioner may carry out, participate in, work in research projects funded by pharmaceutical and allied healthcare industries. A medical practitioner is obliged to know that the fulfillment of the following items(i) to (vii) will be an imperative for undertaking any research assignment; project funded by industry- for being proper and ethical. Thus in accepting such a position a medical practitioner shall:- (i) Ensure that the particular research proposal(s) has the due permission from the competent concerned authorities. (ii) Ensure that such a research project(s) has the clearance of national/state/institutional ethics committees/bodies (iii) Ensure that it fulfils all the legal requirements prescribed for medical research. (iv) Ensure that the Source and amount of funding is publicity disclosed at the beginning itself (v) Ensure that proper care and facilities are provided to human volunteers, if they are necessary for the research projects(s) (vi) Ensure that undue animal experimentations are not done and when these are necessary they are done in a scientific and a humane way. (vii) Ensure that while accepting such an assignment a medical practitioner shall have the freedom to publish the results of the research in the greater interest of the society by inserting such a clause in the MoU or any other document/ agreement for any such assignment. First time censure, and thereafter removal of name from Indian Medical Register or State Medical Register for a period depending upon the violation of the clause. f)Maintaining Professional Autonomy: in dealing with pharmaceutical and allied healthcare industry a medical practitioner shall always ensure that there shall never by any compromise either with his/her own professional autonomy and / or with the autonomy and freedom of the medical institution First time censure, and thereafter removal of name from Indian Medical Register or State Medical Register g) Affiliation: A medical practitioner may work for pharmaceutical and allied healthcare industries in advisory capacities, as consultants, as researchers as treating doctors or in any other professional capacity. In doing so, a medical practitioner shall always: (i) Ensure that his professional integrity and freedom are maintained. (ii) Ensure that patient’s interest
Posted on: Sun, 14 Dec 2014 03:57:47 +0000
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