IMA Mumbai West Indian Medical Association – Mumbai West ,IMA BUILDING,JUHU, J R MHATRE MARG, MUMBAI 400049

May 4, 2016

MCI_MMC NEWS

Filed under: — IMAMW @ 9:46 pm

 

PUNISHMENT FOR

PHARMA DOCTOR RELATIONSHIP NOTIFIED

 

MEDICAL COUNCIL OF INDIA NOTIFICATION

New Delhi, the 28th January, 2016 bi. NCI – 211 (I) 2010 (Ethics) 163013 – 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, 2015”.

(ii) They shall come into force from the date of their publication in the Official Gazette.

 

  • In the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002”, the following additions / modification / deletions / substitutions, shall be as indicated therein.

 

  • (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.

 

(ii) 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 :-

 

6.8.1. in dealing with Pharmaceutical and allied health sector industry, a medical practitioner shall follow and adhere to the stipulations given below :-

 

  1. Gifts : A medical practitioner shall not receive any gift from any pharmaceutical or allied healthcare industry and their sales people or representatives.

 

Action : Gifts more than Rs. 1,000/- upto Rs. 5,000/- Censure.

 

Gifts more than Rs. 5,000/- upto Rs. 10,000/-. Removal from Indian Medical Register or State Medical Register for 3 (three) months.

 

Gifts more than Rs. 10,000/- to Rs. 50,000/-. Removal from Indian Medical Register or State Medical Register for 6 (six) months.

 

Gifts more than Rs. 50,000/- to Rs. 1,00,000/-. Removal from Indian Medical Register or State Medical Register for 1 (one) year.

 

Gifts more than Rs. 1,00,000/-. Removal for a period of more than 1 (one) year from Indian Medical Register or State Medical Register.

 

  1. 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.

 

Action : Expenses for travel facilities more than Rs. 1,000/- upto Rs. 5,000/-. Censure

 

Expenses for travel facilities more than Rs. 5,000/- upto Rs. 10,000/-. Removal from Indian Medical Register or State Medical Register for 3 (three) months.

 

Expenses for travel facilities more than Rs. 10,000/- upto Rs. 50,000/-. Removal from Indian Medical Register or State Medical Register for 6 (six) months.

 

Expenses for travel facilities more than Rs. 50,000/- upto Rs. 1,00,000/-. Removal from Indian Medical Register or State Medical Register for 1 (one) year.

 

Expenses for travel facilities more than Rs. 1,00,000/-. Removal for a period of more than 1 (one) year from Indian Medical Register or State Medical Register.

 

  1. Hospitality : A medical practitioner shall not accept individually any hospitality like hotel accommodation for self and family members under any pretext.

 

Action : Expenses for hospitality more than Rs. 1,000/- upto Rs. 5,000/-. Censure

 

Expenses for Hospitality more than Rs. 5,000/- upto Rs. 10,000/-. Removal from Indian Medical Register or State Medical Register for 3 (three) months.

 

Expenses for Hospitality more than Rs. 10,000/- to Rs. 50,000/-. Removal from Indian Medical Register or State Medical Register for 6 (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 1 (one) year.

 

Expenses for Hospitality  more than Rs. 1,00,000/-. Removal for a period of more than 1 (one) year from Indian Medical Register or State Medical Register.

 

  1. 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.

 

Action : Cash or monetary grants more than Rs. 1,000/- upto Rs. 5,000/-. Censure

 

Cash or monetary grants more than Rs. 5,000/- upto Rs. 10,000/-. Removal from Indian Medical Register or State Medical Register for 3 (three) months.

 

Cash or monetary grants more than Rs. 10,000/- to Rs. 50,000/-. Removal from Indian Medical Register or State Medical Register for 6 (six) months.

 

Cash or monetary grants more than Rs. 50,000/- to Rs. 1,00,000/-. Removal from Indian Medical Register or State Medical Register for 1 (one) year.

 

Cash or monetary grants more than Rs. 1,00,000/-. Removal for a period of more than 1 (one) year from Indian Medical Register or State Medical Register.

 

  1. Medical Research : A medical practitioner may carryout, 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 :-
  • Ensure that the particular research proposal (s) has the due permission from the competent concerned authorities.
  • Ensure that such a research project (s) has the clearance of national/state/institutional ethics committees / bodies.
  • Ensure that it fulfils all the legal requirements prescribed for medical research.
  • Ensure that the source and amount of funding is publicly disclosed at the beginning itself.
  • Ensure that proper care and facilities are provided to human volunteers, if they are necessary for the research project(s).
  • Ensure that undue animal experimentations are not done and when these are necessary they are done in a scientific and a humane
  • Ensure that while accepting such an assignment a medical practitioners 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 documents/agreement for any such assignment.

Action : 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.

 

  1. Maintaining Professional Autonomy : In dealing with, pharmaceutical and allied healthcare industry a medical practitioner shall always ensure that there shall never be any compromise either with his/her own professional autonomy and /or with the autonomy and freedom of the medical institution.

Action : First time censure, and thereafter removal of name from Indian Medical register or State Medical Register.

 

  1. 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 : –
  • Ensure that his professional integrity and freedom are maintained.
  • Ensure that patients interest are not compromised in any way.
  • Ensure that such affiliations are within the law.
  • Ensure that such affiliations/employments are fully transparent and disclosed.

Action : 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.

 

  1. Endorsement : A medical practitioner shall not endorse any drug or product of the industry publically. Any study conducted on the efficacy or otherwise of such products shall be presented to and/or through appropriate scientific bodies or published in appropriate scientific journals in a proper way.

Action : First time censure, and thereafter removal of name from Indian Medical Register or State Medical register.

 


 

NEW GUIDELINES FOR MAHARASHTRA MEDICAL COUNCIL CREDIT POINT FOR RENEWAL

 

The clarification was sought by several accredited organizations and RMPs regarding CME credit points.               It is decided as under :

 

  • CME credit hours exemption to be granted on the request of the RMP considering the official age for senior citizen to lower the age required to 65 from 70 years. This will be applicable who have completed 65 years of age. Till the age of 65 years they will have to get 6 credit points per year, exemption is only from credit points and not for renewal of registration.

 

  • For the purpose of smooth function of CME credit hours certification the Council should authorize members to certify the credit hours only and other certificates after verification of original CME certificate of the RMP with their signature/seal. One copy should be preserved by them. Members should be careful while authenticating any document.

 

  • For the purpose of decentralization and streamline the work for the benefit of the RMPs of renewal of Registration CME credit hours certification the Council should authorize to President of accredited organization, Dean of Govt. Medical Colleges / Principal of Private Medical Colleges, Civil Surgeons, Director, Joint Director, Deputy Director of Medical Education and Research and Director, Joint Director, deputy Director and DHO of Health Services and President, Indian Medical Associations all branches to certify the original credit hours certificate of the RMP with their signature / seal. They should mention the accredited number given by MMC under signature and seal. Further the affidavit in this regard should also be obtained from the President of respective regional Indian Medical Associations and organizations.

 

  • It was discussed to relax the norms of 6 Credit Hours per year and 30 credit hours every 5 years to 30 credit hours every 5 years preferably 6 credit hours per year. This is in conjunction to Chapter 1 clause 1.2.3 of Indian Medical Council (Professional Conduct Etiquette And Ethic) Regulation, 2002.

 

  • Indian Medical Council (Professional Conduct Etiquette And Ethic) Regulation, 2002 Chapter 1 clause 1.2.2 states that – “For the advancement of his professional, a physician should affiliate with associations and societies of Allopathic Medical Profession and involve actively in the function of such “Hence all the RMPs applying for the Registration/Renewal of Registration should be advice to become the members of associations/societies of Allopathic Medicine.

 

  1. SUHAS PINGLE

MMC Member

 

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