Although the Union health minister himself had asserted that the government will bring a legislation to curb the unethical trade practices of doctors, the Health Ministry has backtracked on the subject saying that it was not taking up the matter with the Department of Pharmaceuticals (DoP).
Official sources clarified that there were some preliminary observations made by the Medical Council of India (MCI) in this regard. “However, there is no proposal at this stage to take up the matter with the DoP to bring in a legislation to restrain pharma companies from such activities of wooing the doctors and also to disclose payment made to them,” sources said.
The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 were amended by the MCI with the prior approval from the government by inserting a new Clause 6.8 which states that a medical practitioner shall not endorse any drug or product of the industry publically. Any study conducted on the efficacy or otherwise of such products shall be presented to and/or through appropriate scientific bodies or published on appropriate scientific journals in a proper way, sources said.
As the pharma department was also trying to restrain the companies from enticing the doctors through ethical code, there was demand from different quarters that a comprehensive law should be in place. Though a common code of conduct was prepared by the pharma companies after the department took the initiative, it was stuck up after a section of the industry stressed for a code of conduct with some legal tooth as voluntary codes would not meet the purpose.
Some time back, health minister Ghulam Nabi Azad himself announced the plan to frame a legislation to curb the unethical practices of doctors. However, if the latest reaction from the ministry sources is any indication, the ministry will wait before going for a legislation as the MCI and the Indian Medical Association have taken some measures to curb the practices and implement the existing ethical codes stringently.