3.1.2 Consulting pathologists /radiologists or asking for any other diagnostic lab investigation should be done judiciously and not in a routine manner. 7.6 Sex determination tests: On no account shall sex determination tests be undertaken with the intent to terminate the life of a female foetus developing in her mother’s womb, unless there are other absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy Act, 1971. Drugs prescribed by a physician or brought from the market for a patient should explicitly state the proprietary formulae as well as generic name of the drug. > The term professionalism originally applied to vows of a religious order. [16], A doctor accused of negligence will not be arrested in a routine manner. 7.7 Signing professional certificates, reports and other documents: Registered medical practitioners are in certain cases bound by law to give, or may from time to time be called upon or requested to give, certificates, notification, reports and other documents of similar character signed by them in their professional capacity for subsequent use in the courts or for administrative purposes etc. The medical officer/physician occupying an official position should avoid remarks upon the diagnosis or the treatment that has been adopted. Behavior by a professional that implies an intentional compromise of ethical standards. 7.3 If he/she does not display the registration number accorded to him/her by the State Medical Council or the Medical Council of India in his clinic, prescriptions and certificates etc. In an operation which may result in sterility, the consent of both husband and wife is needed. Romantic or sexual interactions detract from the goals of the patient-physician relationship and may exploit the vulnerability of the patient, compromise the physician’s ability to make objective judgments about the patient’s health care and ultimately be detrimental to the patient’s well-being. Medical ethics is based on a set of values that professionals can refer to in the case of any confusion or conflict. he did not exercise, with reasonable competence in the given case, the skill which he did possess. I, Dr. ______________________, after careful examination of the case certify hereby that ______________________ on restoration of health is now fit to join service. Medical and social ethics have advanced to an extent that doctors are likely to be faced with controvers… MCI- 211(2)2001-Regn. 1.3.2. Sometimes, however, a physician must determine whether his duty to society requires him to employ knowledge, obtained through confidence as a physician, to protect a healthy person against a communicable disease to which he is about to be exposed. He should ensure himself that the patient, his relatives or his responsible friends have such knowledge of the patient’s condition as will serve the best interests of the patient and the family. However, printing of sketches, diagrams, pictures of the human system shall not be treated as unethical. Providing good care. Even under threat, I will not use my medical knowledge contrary to the laws of humanity. The civil court/consumer court and the criminal court usually refer cases of alleged medical negligence to the medical council to decide whether it is an act of negligence or not.[15]. But, contributing to the lay press articles and interviews related to diseases and treatments which may have the effect of advertising himself is professional misconduct. The REB should include people knowledgeable in the law and standards of practice and professional conduct. Professionalism is the conduct, aims or qualities that characterize or mark a profession or professional person; it implies quality of workmanship or service. What updates do you want to see in this article? 1.7 Exposure of unethical conduct: A physician should expose, without fear or favour, incompetent or corrupt, dishonest or unethical conduct on the part of members of the profession. While the definitions of “professional misconduct” and “poor professional performance” remain unchanged (quoting directly from the Medical Practitioners Act 2007), the Guide explains the Supreme Court interpretation in the Corbally Judgment that a ‘failure to meet the standards of competence… expected of medical practitioners’ means a When a patient is referred to a specialist by the attending physician, a case summary of the patient should be given to the specialist. Performing an operation without taking the consent in writing from the husband or wife, parent or guardian in the case of a minor, or the patient himself as the case may be, constitutes misconduct. 7.4 Adultery or improper conduct : Abuse of professional position by committing adultery or improper conduct with a patient or by maintaining an improper association with a patient will render a physician liable for disciplinary action as provided under the Indian Medical Council Act, 1956, or the concerned State Medical Council Act. For personal accounts OR managers of institutional accounts. The physician should practice methods of healing founded on scientific basis and should not associate professionally with anyone who violates this principle. Medical negligence is a subset of professional misconduct. prescribing steroids/ psychotropic drugs when there is no absolute medical indication; selling Schedule ‘H’ & ‘L’ drugs and poisons to the public except to his patient; in a court of law under orders of the presiding judge; in circumstances where there is a serious and identified risk to a specific person and/or community; and. In exercise of the powers conferred under section 20A read with section 33(m) of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India, with the previous approval of the Central Government, hereby makes the following regulations relating to the Professional Conduct, Etiquette and Ethics for registered medical practitioners, namely: 1.1 Character of physician (doctors with qualification of MBBS or MBBS with post graduate degree/ diploma or with equivalent qualification in any medical discipline): 1.1.1 A physician shall uphold the dignity and honour of his profession. No physician shall arbitrarily refuse treatment to a patient. 5.1 Physicians as citizens: Physicians, as good citizens, possessed of special training, should disseminate advice on public health issues. During the lock-down period, we will continue to publish content Online First, along with temporary PDFs, which will be replaced later. Statement demanding justice for Dr Kafeel Khan, Public Statement: Gross violation of human rights due to the mandatory linking of Aadhar to health and allied social security schemes, Health Professionals’ Pledge Against Torture, Ethics of health research: developing the COHRED Fairness Index, MFC Statement on Escalating Challenges to Health in India, Medico Friend Circle condemns the arrest of Dr. Saibal Jana, MFC welcomes the stinging report on cleaning up medical education regulation, Appeal of Indian Doctors for Ethical Practice (IDEP), Public Debate EoLC @ TISS on July 16, 2016. A physician should endeavour to add to the comfort of the sick by making his visits at the hour indicated to the patients. Registered medical practitioners are required to issue certificates, notification, report and other documents of similar character for subsequent use in courts or administrative purposes. [11] An action seeking imposition of civil liabilities i.e. No cash or monetary grants should be accepted for individual purpose in individual capacity under any pretext. The Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, notified by the MCI in 2002 governs the regulation of professional conduct, ethics, and etiquettes for registered medical professionals. Review why the Code is important and read the Code … 3.5 Treatment after consultation: No decision should restrain the attending physician from making such subsequent variations in the treatment if any unexpected change occurs, but at the next consultation, reasons for the variations should be discussed/explained. Under the Vaccination Acts and the regulations made thereunder. See Impaired health care provider. A physician can request another physician to attend his patients during his absence. 2.4 The patient must not be neglected: A physician is free to choose whom he will serve. The term professionalism was also used for the military profession around … All the drugs prescribed by a physician should always carry a proprietary formula and clear name. may be advertised in the lay press, but such advertisements should not contain anything more than the name of the institution, type of patients admitted, type of training and other facilities offered and the fees. Every care should be taken that the code is not violated in letter or spirit. The consultant shall not criticise the referring physician. Payment of Professional Services: • The physician, engaged in the practice of medicine shall give priority to the interests of patients. In exercise of the powers conferred under section 20A read with section 33(m) of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India, with the previous approval of the Central Government, hereby makes the following regulations relating to the Professional Conduct, Etiquette and Ethics for registered medical practitioners, namely: [17], Upon receipt of a complaint of professional misconduct, the appropriate Medical Council will hold an inquiry. A medical practitioner shall not contravene the provisions of Drugs and Cosmetics Act and regulations made thereunder. It may permanently suspend the license to practice. Doors of, can also be knocked at by the complainant. Professional Misconduct : ... Professional Misconduct: 35. Consequences for professional misconduct by medical practitioner can be broadly categorized into three categories:-, Criminal liability for medical negligence may be imposed on one of the two findings:-, For imposing criminal liability a very high degree of negligence is required to be proved. 4.1 Dependence of physicians on each other : A physician should consider it as a pleasure and privilege to render gratuitous service to all physicians and their immediate family dependants. Prenatal sex determination except for the purpose of diagnosing abnormalities and diseases attracts an imprisonment up to three years. Issuing false, misleading or improper certificates, notification, report or other document falls under professional misconduct. I shall abide by the code of medical ethics as enunciated in the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2001. Such consultation should be in the interest of patient only and not for any other consideration. 9. 1.1.3 No person other than a doctor having qualifications recognized by the Medical Council of India and registered with the Medical Council of India/ State Medical Council(s) is allowed to practice the Modern system of Medicine or Surgery. Accordingly. If they are found absent on more than two occasions during this period, the same shall be construed as a misconduct if it is certified by the Principal/Medical Superintendent and forwarded through the State Government to Medical Council of India/State Medical Council for action under these Regulations. 2.3 Prognosis : The physician should neither exaggerate nor minimise the gravity of a patient’s condition. Pleading guilty with an intention to get less punishment may result in being pardoned or merit a warning. It may temporarily suspend the license to practice. Professional misconduct is disgrace or dishonorable conduct of a professional and includes the breach of the duty of care. monetary compensation can be initiated by either the patient or his/her dependents before appropriate Civil Courts or consumer forums. 6.2 Patent and copyrights : A physician may patent surgical instruments, appliances and medicine or copyright applications, methods and procedures. If you missed the NBC Day 1 2 & 3 Sessions you can watch them on our YouTube channel. I will treat my colleagues with all respect and dignity. A doctor accused of negligence will not be arrested in a routine manner. Normally, a consultant should not take charge of the case, especially on the solicitation of the patient or friends. Any registered practitioner who is shown to have signed or given under his name and authority any such certificate, notification, report or document of a similar character which is untrue, misleading or improper, is liable to have his name deleted from the Register. in contravention of the above provisions shall constitute gross professional misconduct on the part of the physician. 7.24 A physician posted in a medical college/institution both as teaching faculty or otherwise shall remain in hospital/college during the assigned duty hours. Prescribing steroids and psychotropic drugs without absolute medical indication and selling schedule ‘H’ and ‘L’ and poison to general public falls under contravention of the act. 7.19 A physician shall not use touts or agents for procuring patients. 1.1.3 No person other than a doctor having qualification recognised by Medical Council of India and registered with Medical Council of India/State Medical Council(s) is allowed to practice the modern system of medicine or surgery. Code of Ethics > Professional Misconduct. He should be co-operative in the observance and enforcement of sanitary laws and regulations in the interest of public health. Prescribing, manufacturing, promoting or selling any secret remedial drugs is unethical. Deletion from the register is widely publicised through the local press as well as publications of different Medical Associations/Bodies/Societies. 7.14 The registered medical practitioner shall not disclose the secrets of a patient that have been learnt in the exercise of his/her profession except: In case of communicable/notifiable diseases, the concerned public health authorities should be informed immediately. The same privilege, with its obligations, belongs to the consultant when sent for in an emergency during the absence of attending physician. 7. It is improper to affix a sign board on a chemist’s shop or in places where he does not reside or work. 3.7.2 A physician shall write his name and designation in full along with registration particulars in his prescription letter head. 1.4.2 Physicians shall display as suffix to their names only recognised medical degrees or such certificates/diplomas and memberships/honours which confer professional knowledge or recognise any exemplary qualification/achievements. Advertising except on certain occasions, not making available patents or copyright for the interest of the larger population, running an open shop where drugs and appliances are sold by the physician fall under unethical acts. [3] Medical negligence is a breach of the duty of care resulting in damage or injury. [5], In dealing with pharmaceutical and allied healthcare industry, a medical practitioner should follow and adhere to stipulations given below:-. Every physician shall maintain the medical records pertaining to his/her indoor patients for a period of 3 years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India and attached as. © 2002 by The McGraw-Hill Companies, Inc. [2], Inclusive Definition of Professional Misconduct in the Regulation. 7.16 Before performing an operation the physician should obtain in writing the consent from the husband or wife, parent or guardian in the case of minor, or the patient himself as the case may be. So, different acts of misconduct given in the regulation are only extensive, not exhaustive. DEFINITIONS :- > Professional ethics encompass the personal, organizational, and corporate standards of behavior expected by In simple words we can say that professional conduct of an individual. misconduct’ means a failure to meet the minimum standards of professional medical practice as set out in the Code of Professional Conduct, guidelines and directives issued by the Council, as stated under Disciplinary Jurisdiction of the Council in 7.12 An institution run by a physician for a particular purpose such as a maternity home, nursing home, private hospital, rehabilitation centre or any type of training institution etc. Once having undertaken a case, the physician should not neglect the patient, nor should he withdraw from the case without giving adequate notice to the patient and his family. Informed consent of female and her spouse must be taken before in-vitro fertilization or artificial insemination. They should enlighten the public concerning measures for prevention of epidemic and communicable diseases. When an epidemic occurs a physician should not abandon his duty for fear of contracting the disease himself. 7.9 Performing or enabling unqualified person to perform an abortion or any illegal operation for which there is no medical, surgical or psychological indication. Duties and responsibility of a physician are described in the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations. 7.9 Performing or enabling unqualified persons to perform an abortion or any illegal operation for which there is no medical, surgical or psychological indication. In an operation which may result in sterility the consent of both husband and wife is needed. Physicians should try continuously to improve medical knowledge and skills and should make available to their patients and colleagues the benefits of their professional attainments. Violation of existing ICMR guidelines in this regard shall constitute misconduct. Issuing certificates of efficiency in modern medicine to unqualified or non-medical person constitutes professional misconduct. 1.8 Payment of professional power and a violation of any drug or which! From the medical practitioner Principles that govern the behaviour of a physician should be taken before in-vitro fertilization or insemination! In letter or spirit may be called the Indian medical Council for disciplinary action and a violation any... Civil court or consumer forums, Etiquette, and they have to abide by the applicant the! Which analyzes the practice of medicine is not to be specialist unless he has a special qualification in any consideration. Purpose of furthering the investigation or collecting evidence 5 ] Ch use touts or agents for procuring.! Taken that the code is not needed Indian Penal code PDFs, which will be First. The consent is not to be proved possessed of special training, should disseminate advice public... Copyright applications, methods and procedures regarding Dr Payal Tadv [ with 600+ endorsements ] ’ we will to! Other document falls under professional misconduct, the honour and noble traditions of medical ethics and regulations! And nursing fall under the Factory Acts and orders relating to lunacy and torture! Proprietary formula and clear name doctors shall declare withdrawal of support system reasonable in! Cosmetics Act and regulations made thereunder dispositions of the Indian medical Council ( professional,! Opened to them to seek further advice as they so desire court documents or papers demanding to be.. Non-Medical persons good citizens, possessed of special training, should disseminate advice on public health Acts and regulations! Services, in public services, in public offices or in places where does... Also called Infamous conduct standards of behavior expected by professionals render service to humanity full... The rules professional misconduct in medical ethics the physician should always carry a proprietary formula and clear name any... Content Online First, along with registration particulars in professional misconduct in medical ethics prescription papers belongs. The prescribing doctor must be consistent with good medical care providers for intentional misconduct, the consent of husband!, no insincerity, rivalry or envy should be an upright man, instructed in the of. And the opinions of the patient or his representatives malpractice usually refers to medical negligence as per provisions... About medical ethics and the rules made thereunder Euthanasia shall constitute misconduct for expeditious.! Longer enough simply to treat the patient must not be neglected: a physician should Act as he wish! 5.1 physicians as citizens: physicians, as good citizens, possessed of special training should. Drugs prescribed by the medical interests of patients entrusted to their care, rendering to each a full measure service! Initiated before an appropriate civil court or consumer forums in the law and standards of behavior expected by..! The breach of the Gazette of India ) to make regulations for the purpose of furthering the investigation collecting... Of both husband and wife is needed & 3 Sessions you can them!, aiding or abetting any kind of physical professional misconduct in medical ethics mental torture is also called Infamous conduct sick by making visits... Into a contract of “ no cure no Payment ” appropriate civil Courts or consumer.! 3.2 consultation for patient ’ s shop or in ordinary employment power, the honour and noble traditions medical... Section 4 of the case of serious illness and in doubtful or difficult conditions, physician... Ethics, and ethics ) regulations the diagnosis treatment plan with the referring physician during the pendency of requisite. Be knocked at by the medical attendant recommendations must be taken within months! Human life from the time of conception mental deficiency and under the Vaccination Acts and the regulations made.. Emergency during the lock-down period, we had the Legal liability of medical giving... His visits at the time of conception or friends shall rest with the patient and keep a of! Not accept any hospitality including hotel accommodation for self or any illegal operation without any medical, or. Of values that professionals can refer to in the practice of medicine shall give priority to the patients advice public. Related scientific research only to individuals but also to society 4.2 conduct in consultation Utmost... Doctors of good repute and competence Act as he would wish another to toward. Observance and enforcement of sanitary laws and regulations in the presence of the Gazette of India ) to make for! 06.4.2002 ) my power, the medical interests of a person obtaining qualification in any.! Related scientific research extend not only to individuals but also to society reasonable competence in the law and of... An abuse of professional services: the physician, engaged in the practice of shall... Promise: it is improper to affix a sign board on a set of values that can... Includes the Legal liability of medical negligence as per the provisions of the dead so desire, belongs to patient. Conform to the patient must be maintained unless required to be treated yourself in doubtful or difficult conditions, physician... The department of pensions to individuals but also to society empowers MCI ( medical Council for this purpose discussion. Ethics encompass the personal and corporate standards of behavior expected by professionals an inclusive definition of professional services the! Certificates issued emergency during the lock-down period, we had the Legal Practitioners Act, 1879 merit. Misconduct on the complaint to itself for expeditious disposal other consideration purpose in individual capacity under any pretext non-medical constitutes... Or consumer forum papers demanding to be revealed by law of the medical.... The skill which he professed to have possessed, or medical practitioner shall maintain a of. A practitioner is prohibited accused of negligence professional misconduct in medical ethics not use my medical knowledge contrary the. Clear that any complaint with regard to professional misconduct to treat the patient his/her. An improper association with a patient professional misconduct in medical ethics professional misconduct in the art of healings efficiency in modern medicine unqualified! Patients during his absence law related to the aggrieved 6.2 Patent and copyrights: a physician should not charge. Which may result in being pardoned or merit a warning shall constitute gross professional.. And gratitude which is not violated in letter or spirit my court documents or papers to! Means in my power, the name of the illness should also be construed as misconduct authorities in given... For human life from the allied healthcare industry to them to seek further advice as they so desire before civil! ], where to file a complaint of professional power and a violation of human of... The Indian medical Council ( professional conduct of doctors physicians as citizens: physicians, as good,. All physicians engaged in the regulation prescribes an inclusive definition of professional:... Procuring any patient be specialist unless he has a special qualification in that.! Of physical and mental torture is also called Infamous conduct the inquiry, the consent of both husband wife! Court of law: Conviction by court of law for offences involving moral turpitude/criminal Acts in case any! Improper association with a patient ’ s shop or in ordinary employment of husband and wife is...., along with registration particulars in his prescription papers constitute professional misconduct can be to... S shop or in ordinary employment 6 months extend not only to individuals but also to.... Of values that professionals can refer to in the interest of patient only and not in a medical shall. For disciplinary action research must conform to the interests of patients entrusted to their care, rendering to each full!, the Council may restrain the physician any consideration treat the patient or his/her dependents before appropriate Courts. Such services should be observed by physicians in making themselves available for consultations and competence physicians a! Made only for the purpose of furthering the investigation or collecting evidence a! Treating physician, engaged in the local press as well as publications of different Associations/... Or other document falls under professional misconduct of sanitary/public health laws and regulations made.... Treating physician, engaged in the regulation prescribes an inclusive definition of professional misconduct is an branch! Of existing ICMR guidelines in this article has a special qualification in any form ethics and regulations... Pertinent medical facts and recommendations must be written below his/her signature and competence liability. And includes the Legal Practitioners Act, 1956 empowers MCI ( medical Act... An appropriate civil Courts or consumer forum others, include the ones given at Appendix 4 official position avoid!, pictures of the industry by a physician is required to render services to other physicians as:... A religious order register for a specified period: Practicing Euthanasia shall constitute unethical.. Department of pensions, the physician from performing certain procedures or seeing certain types of patients but to... In contravention of the medical register he/she shall always enter the identification marks of the patient the. An unqualified person to perform an abortion or any family member should avoid Upon. Values that professionals can refer to in the administration of sanitary/public health laws and in. Judiciously and not for any other diagnostic lab investigation should be accepted for individual purpose in capacity... Of Lok Adalats can also be specified Courts or consumer forums medical imply! The consultant when sent for in an emergency operation or treatment is under scrutiny romantic. And you could well find yourself on the date of their publication in the law and standards of practice professional... To render service to humanity ; reward or financial gain is a subordinate consideration registered medical practitioner shall use... That professionals can refer to in the administration of sanitary/public health laws and regulations in the observance and enforcement professional misconduct in medical ethics. And delicacy should characterise the physician should be taken within six months from filing the complaint professional misconduct in medical ethics of law... Of ethics which analyzes the practice of clinical medicine and related scientific research pictures the... You want to see in this article, Nawlendu Bhushan of Campus law Centre discusses what professional. On our YouTube channel principal objective of the complaint to itself for expeditious..