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Monday, May 06, 2002

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MCI goes in for strict medical code

By Our Special Correspondent

NEW DELHI May 5. To address the growing complaints of misconduct by medical professionals, the Medical Council of India has come out with a new code of medical ethics.

A highlight of the code is that it decrees that doctors shall not refer their patients for consultation by other doctors or for clinical investigations, unless it was absolutely essential and even when making such reference there shall be no involvement of any commission or payback.

A salient feature of the new regulations is that though physicians were free to choose their patients, they shall not `arbitrarily refuse treatment' and shall not refuse any request for help in an emergency. Once having taken up a case, the doctors should also not neglect the patient or withdraw from the case without giving adequate notice to the patient and his family.

The new code further obliges the doctors to display their fees and other charges on a board, and in case if the physicians themselves dispensed any medicines it must be reflected clearly in the prescription.

Doctors are also required to undergo at least 30 hours of continuing medical education programme every five years, and maintain records of indoor patients for three years in a format prescribed by the council.

If any request was made for the records by patients or their authorised agents or legal authorities, they shall be handed over in 72 hours.

The code also bars doctors from giving any sort of endorsement for any drug or equipment even if no financial consideration was involved, and provides that drugs that are prescribed should explicitly state the proprietary formulae as well as their generic names.

It also obligates the doctors not to undertake any sex determination test with an intention to destroy a female foetus, and declares that in the case of a nursing home run by physicians and where assistants were employed, the ultimate responsibility would rest on the doctor.

The code also bars doctors from subjecting their patients for trial of any drugs and therapies, unless it was according to the guidelines of the Indian Council of Medical Research, even if consent was taken from the patients.

Called the Indian Medical Council (Professionals Conduct, Etiquette and Ethics) Regulations, 2002, the new code comes into immediate effect. Complaints of misconduct could be brought either before MCI or its State bodies.

The punishment would range from payment of penalties to even permanent removal of the doctors' name from the register, depending on the gravity of the misconduct.

Decisions on complaints would be taken in six months.

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