Even as the government is grappling with the task of introducing a voluntary common code of ethics for the pharmaceutical companies, the existing mechanism of addressing the ethical cases against the healthcare practitioners through the Medical Council of India (MCI) seems to be proving less effective.
However, the Health Ministry sources said the efforts would continue to ensure self-regulation by way of code of conduct and it has no plans, as of now, to amend the Drugs and Cosmetics Act (D&C Act) to make such medical ethical cases criminal offences, as suggested by some public interest groups.
During the first three months of the current year itself, the MCI received as many as 217 complaints against the doctors for violation of code of ethics and negligence in treatment of patients. The MCI disposed of 196 of them, sources said without specifying what kind of action was taken.
Though the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 empower the Medical Council of India (MCI) and respective State Medical Councils to award punishment against any act in violation of Code of Ethics, illegal trade practices seem to be continuing unabated.
During the year of 2008, the MCI had got 499 complaints and it went up to 684 in 2009. The total number of complaints received during 2010 was 904, of which punishment was given only in 18 cases, MCI data said.
In January 2010, the MCI had notified revised Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002, which are statutory and binding in character and were to be followed by all medical professionals/doctors in the country.
“The imposition of punishment under the Indian Medical Council is time consuming process. Role of the Central Government under these regulations is limited to that of an Appellate Authority,” an official of the health ministry said, commenting on the comparatively low proportion of punishments given to the doctors.
According to the amendment, the first in seven years, the code of conduct prohibited medical practitioners from accepting gifts, travel facilities, hospitality and monetary grants from the healthcare industry either in their name or in the names of their family members. The code also restrained the doctors and their family members from accepting rail or air travel facilities, cruise tickets and paid vacations from the industry.