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. , 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.. 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.  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: , 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.  Medical negligence is a breach of the duty of care resulting in damage or injury. , 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. , 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. 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