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6. UNETHICAL ACTS: A
physician shall not aid or abet or commit any of the following acts which shall be construed as unethical.
6.1 Advertising:
6.1.1 Soliciting of patients directly or indirectly, by a physician, by a
group of physicians or by institutions or organisations is unethical.
A physician shall not make use of him / her (or his / her name) as subject of
any form or manner of advertising or publicity through any mode either alone
or in conjunction with others which is of such a character as to invite attention to him or to his professional
position, skill, qualification, achievements, attainments, specialties,
appointments, associations, affiliations or honours and/or of such character
as would ordinarily result in his self aggrandisement. A physician shall not
give to any person, whether for compensation or otherwise, any approval,
recommendation, endorsement, certificate, report or statement with respect of
any drug, medicine, nostrum remedy, surgical, or therapeutic article,
apparatus or appliance or any commercial product or article with respect of
any property, quality or use thereof or any test, demonstration or trial
thereof, for use in connection with his name, signature, or photograph in any
form or manner of advertising through any mode nor shall he boast of cases,
operations, cures or remedies or permit the publication of report thereof
through any mode. A medical practitioner is however permitted to make a formal announcement in press regarding the
following:
1. On
starting practice
2. On
change of type of practice
3. On
changing address
4. On
temporary absence from duty
5. On
resumption of another practice
6. On
succeeding to another practice
7. Public
declaration of charges
6.1.2 Printing of self photograph,
or any such material of publicity in the letter head or on sign board of the
consulting room or any such clinical establishment shall be regarded as acts
of self advertisement and unethical conduct on the part of the physician.
However, printing of sketches, diagrams,
picture of human system shall not be treated as unethical.
6.2 Patent and Copy rights:
A physician may patent surgical instruments, appliances and medicine or
Copyright applications, methods and procedures. However, it shall be
unethical if the benefits of such patents or copyrights are not made
available in situations where the
interest of large population is involved.
6.3 Running an open shop
(Dispensing of Drugs and Appliances by Physicians): - A physician
should not run an open shop for sale of medicine for dispensing prescriptions
prescribed by doctors other than himself or for sale of medical or surgical
appliances. It is not unethical for a physician to prescribe or supply drugs,
remedies or appliances as long as there is no exploitation of the patient.
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.
6.4 Rebates and
Commission:
6.4.1 A physician shall not give,
solicit, or receive nor shall he offer to give solicit or receive, any gift, gratuity, commission or bonus
in consideration of or return for the referring, recommending or
procuring of any patient for medical, surgical or other treatment. A
physician shall not directly or indirectly, participate in or be a party to
act of division, transference, assignment, subordination, rebating, splitting
or refunding of any fee for medical, surgical or other treatment.
6.4.2 Provisions of para 6.4.1 shall
apply with equal force to the referring, recommending or procuring by a
physician or any person, specimen or material for diagnostic purposes or
other study / work. Nothing in this section, however, shall prohibit payment
of salaries by a qualified physician to other duly qualified person rendering
medical care under his supervision.
6.5 Secret Remedies: The
prescribing or dispensing by a physician of secret remedial agents of which he does not know the composition, or the
manufacture or promotion of their use is unethical and as such
prohibited. All the drugs prescribed by a physician should always carry a
proprietary formula and clear name.
6.6 Human Rights: The
physician shall not aid or abet torture nor shall he be a party to either
infliction of mental or physical trauma or concealment of torture inflicted
by some other person or agency in clear
violation of human rights.
6.7 Euthanasia: Practicing
euthanasia shall constitute unethical conduct. However on specific occasion,
the question of withdrawing supporting devices to sustain cardiopulmonary function even after brain death,
shall be decided only by a team of doctors and not merely by the treating
physician alone. A team of doctors shall declare withdrawal of support system.
Such team shall consist of the doctor in charge of the patient, Chief Medical
Officer / Medical Officer in charge of the hospital and a doctor nominated by
the in-charge of the hospital from the hospital staff or in accordance with
the provisions of the Transplantation of Human Organ Act, 1994.
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