New Delhi: For the first time, the National Medical Commission (NMC) has defined the graded levels of penalties that would be given to doctors for violation of rules specified in the recently released Draft Registered Medical Practitioner (Professional Misconduct) Regulations 2022.
In this manner, the Apex Medical body is trying to bring uniformity across the country regarding the assessment of liability and award of disciplinary action in case of Professional Misconduct committed by the medical professionals in India.
Specifying separate guidelines (Guideline-4) for determining penalties, NMC has clarified that while assessing misconduct, the State Medical Councils or the Ethics and Medical Registration Board of NMC should consider and evaluate other issues that may have contributed to the situation being assessed. Besides, the Draft mentions that the severity of the situation must be decided for each of the allegations made against the doctors.
Levels of Disciplinary Action as per Breach of Conduct:
The draft mentions that while investigating a case alleging breach of conduct, the SMC/EMRB/NMC should award disciplinary action while keeping in mind the severity of the act of commission or omission.
NMC has graded the disciplinary actions at five levels-
Exoneration:
NMC has mentioned in the Draft that “This level is appropriate when the Council finds that the doctor is not at fault and
has followed all regulations of the National Medical Commission Registered Medical Practitioner
(Professional Conduct) Regulations, 2022. No disciplinary action is warranted and the RMP is
Exonerated. This decision should be widely published.”
of advisory, instruction, or warning.
specialization/super specialization.
relations, and/or professional training for medical professionals
specified field; the number of CME credit points to be specified.
accreditation)
“RMPs who have been exonerated and those who have completed penalties under Level 1 should not be barred from receiving “good standing” certificates if required later,” mentions the Draft.
was not conclusively proved but the doctor was found to have breached any of the codes listed
above.
(30days).
conclusively proved and the doctor was found to have breached relevant regulations.
months. Holding suspension can be given in this level as per regulations.
conclusively proved and the doctor was found to have breached relevant regulations.
from 3 months to 3 years.
alone to a maximum of suspension for the period indicated at the level, depending on the quantum
of responsibility of the RMP for the harm/injury caused.
of license). This penalty may be awarded only after a detailed inquiry, carried out by an Expert
Group constituted under the Guidelines, finds that the treating doctor has committed a wilful, or
intentionally harm/unlawful, prohibited action. This will be taken as a ‘unique case’ and no
precedent will need to be cited.”