Even as the Pharmaceutical Department initiative to goad pharmaceutical associations to hammer out a joint voluntary code of conduct to dissuade companies from giving freebies to the medical practitioners made no progress, the Health Ministry has asked the Medical Council of India to make the available provisions more stringent and take action against the erring doctors.

The health ministry is also reportedly looking into the possibility of bringing a legislation to check the doctors from taking gifts whereas the pharma department is already engaged into the task of prevailing upon the companies to desist from such trade practices. However, both the departments seemed to be on parallel tracks, with little coordination happening between them to coordinate the efforts aimed at the same goal.

The health ministry has given a go ahead to the proposal by the MCI, the watchdog for the doctors, to make the existing provisions more stringent and initiate punitive actions against those found violating the code of medical ethics of the MCI, sources said. The advice from the ministry comes in the wake of increasing reports about the doctors allegedly taking gifts, in cash and kind, from the companies.

As per the ethics code of the MCI, “A physician shall not give, solicit, or receive nor shall he offer to give, solicit or received, 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.” These provisions do apply with equal force to the referring, recommending or procuring by a physician of any person, specimen or material for diagnostic, or other study or work.

The State Medical Councils are empowered to award such punishment as deemed necessary or even removal of the name of any registered practitioner from the register altogether or for a specified period in respect of any act of violation of the Code of Ethics which may be brought before it, after conducting an enquiry. However, nothing much was happening in this regard. Following growing discontent among the public and the call from the NGOs, the MCI itself has recently sought permission from the health ministry to make the available provisions more stringent.

Some time back, health minister Ghulam Nabi Azad had announced that the Centre was considering the option of bringing in a bill to prohibit doctors from accepting gifts from pharma companies. He pointed out that the doctors prescribed costly medicines, pushed by certain pharmaceutical companies, even when cheaper options were available in the market or were being given free by government hospitals.

Meanwhile, an attempt by the Pharma Department to goad pharma associations to stand by a joint code of conduct to check illegal trade practices has not brought in any desired result so far, though they drafted a code. Some organizations like SME Pharma Industries Confederation (SPIC) did not accept it as it was voluntary in nature and cannot make any impact. The SPIC argued that the code should be imposed with some legal support so that the practices of companies wooing doctors with gifts could be arrested.