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7. MISCONDUCT: The
following acts of commission or omission on the part of a physician shall
constitute professional misconduct rendering him/her liable for disciplinary
action.
7.1 Violation of the Regulations:
If he/she commits any violation of these Regulations.
7.2 If he/she does not
maintain the medical records of his/her indoor patients for a period of three
years as per regulation 1.3 and refuses to provide the same within 72 hours
when the patient or his/her authorised
representative makes a request for it as per the regulation 1.3.2.
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. issued by him or violates the provisions
of regulation 1.4.2.
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.
7.5 Conviction by Court of Law: Conviction
by a Court of Law for offences involving moral turpitude / Criminal
acts.
7.6 Sex Determination Tests: On
no account sex determination test shall 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. Any act of termination of pregnancy of
normal female foetus amounting to female foeticide shall be regarded as
professional misconduct on the part of the physician leading to penal erasure
besides rendering him liable to criminal
proceedings as per the provisions of this Act.
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. Such documents, among others, include the ones given at
Appendix –4. 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.
7.8 A registered medical practitioner shall not
contravene the provisions of the Drugs and Cosmetics Act and
regulations made there under. Accordingly,
a) Prescribing steroids/ psychotropic
drugs when there is no absolute medical indication;
b) Selling Schedule ‘H’ & ‘L’ drugs and
poisons to the public except to his patient in contravention of the
above provisions shall constitute gross professional misconduct on the
part of the physician.
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.
7.10 A registered medical
practitioner shall not issue certificates of efficiency in modern medicine to unqualified or non-medical person.
(Note: The foregoing does not
restrict the proper training and instruction of bonafide students, midwives,
dispensers, surgical attendants, or skilled mechanical and technical assistants and therapy assistants under the
personal supervision of physicians.)
7.11 A physician should not
contribute to the lay press articles and give interviews regarding diseases
and treatments which may have the effect of advertising himself or soliciting
practices; but is open to write to the lay press under his own name on
matters of public health, hygienic living or to deliver public lectures, give
talks on the radio/TV/internet chat for the same purpose and send
announcement of the same to lay press.
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. 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.
7.13 It is improper for a
physician to use an unusually large sign board and write on it anything other
than his name, qualifications obtained from a University or a statutory body,
titles and name of his speciality,
registration number including the name of the State Medical Council
under which registered. The same should be the contents of his prescription
papers. It is improper to affix a
sign-board on a chemist’s shop or in places where he does not reside or
work.
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, concerned public health authorities should be informed
immediately:
i)
in a court of law under orders of the Presiding Judge;
ii)
in circumstances where there is a serious and identified risk to a specific
person and / or community and
iii) notifiable diseases.
7.15 The registered medical
practitioner shall not refuse on religious grounds alone to give assistance
in or conduct of sterility, birth control, circumcision and medical
termination of Pregnancy when there is medical indication, unless the medical
practitioner feels himself/herself incompetent to do so.
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. In an operation which may result in sterility the consent of
both husband and wife is needed.
7.17 A registered medical practitioner shall not publish photographs or
case reports of his / her patients without their permission, in any
medical or other journal in a manner by which their identity could be made
out. If the identity is not to be disclosed, the consent is not needed.
7.18 In the case of running
of a nursing home by a physician and employing assistants to help him / her,
the ultimate responsibility rests on the physician.
7.19 A Physician shall not use touts or agents for procuring patients.
7.20 A Physician shall not
claim to be specialist unless he has a special qualification in that
branch.
7.21 No act of invitro fertilization
or artificial insemination shall be undertaken without the informed consent
of the female patient and her spouse as well as the donor. Such consent shall
be obtained in writing only after the patient is provided, at her own level
of comprehension, with sufficient information about the purpose, methods,
risks, inconveniences, disappointments of
the procedure and possible risks and hazards.
7.22 Research: Clinical drug trials or other research
involving patients or volunteers as per the guidelines of ICMR can be
undertaken, provided ethical considerations are borne in mind. Violation of
existing ICMR guidelines in this regard shall constitute misconduct. Consent
taken from the patient for trial of drug or therapy which is not as per the
guidelines shall also be construed as misconduct.
7.23 If a physician posted in
rural area is found absent on more than two occasions during inspection by
the Head of the District Health Authority or the Chairman, Zila Parishad, the
same shall be construed as a misconduct if it is recommended to the Medical
Council of India/State Medical Council by
the State Government for action under these Regulations.
7.24 If a physician posted in
a medical college/institution both as teaching faculty or otherwise shall
remain in hospital/college during the assigned duty hours. If they are found
absent on more than two occasions during this period, the same shall be
construed as 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.
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