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Violation of MCI rules by doctors in prescribing to attract penal action including removal from register

Peethaambaran Kunnathoor, Chennai
Friday, November 4, 2016, 08:00 Hrs  [IST]

As the Medical Council of India is going strict with legible prescription writing and amended the clause 1.5 in chapter 1-B of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, it has made it clear that any attempt on the part of prescribers to violate the rules or a clause in the regulations will be considered as violation or professional misconduct.

This undeniably proves that if a medical doctor does not comply with the amended clause in the regulations or any other part in it, he/she will be liable for punishment including cancellation of certificate registration (removal from the register). The state medical councils are authorized to take appropriate penal actions based on the complaints. The regulations stipulate that any attempt to dishonor the amendment will attract punishment as for any other clause.

 MCI has amended the clause 1.5 in Chapter 1-B under the heading ‘Use of Generic names of drugs’ by substituting it with the sentence, “Every physician should prescribe drugs with generic names legibly and preferably in capital letters and he/she shall ensure that there is a rational prescription and use of drugs.” The amendment was notified in the Indian Gazette dated October 8, 2016.

According to MCI regulations, any attempt on the part of the physician to violate the clause will be considered as professional misconduct or violations of rules rendering him/her liable for disciplinary action. Chapter 8 of the Regulations mandates penal actions for each violation. It also warns that care must be taken for not violating the code in letter or spirit. To be brief, if a physician does not comply with the amended clause with regard to prescription writing, complaint can be filed against him/her with the state medical council.
 
Chapter 8 narrates, “It is made clear that any complaint with regard to professional misconduct can be brought before the appropriate Medical Council for disciplinary action. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. Deletion from the Register shall be widely publicized in local press as well as in the publications of different Medical Associations/Societies/Bodies”.
 
Whereas, annoyed over the strict implementation of the MCI Regulations, some medical doctors justify that writing of generic names does not bar them from writing the brand name in addition. In the Jan Aushadhi project of the government, the word ‘Jan Aushadhi’ is also a brand, they comment.

 

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