Against the backdrop of the complaints about bogus doctors practising in Maharashtra, the Maharashtra Medical Council (MMC) is in the process of formulating an amendment in the Maharashtra Medical Council Act, 1965 in line with amendments made in Delhi Medical Council (DMC) Act to take definitive action against unregistered persons posing as doctors thus endangering patient safety.

According to an official, "It is high time the amendment is required because, as of today, quacks can't be booked under the MMC Act. Only police can take action on such complaints under the purview of Indian Penal Code (IPC) and the Drugs and Magic Remedies (Objectionable Advertisements) Act (DMR Act), 1954 enforced by the state drug regulatory authority."

DMR Act, 1954 is an Act of the Parliament of India which controls advertising of drugs in India. It prohibits advertisements of drugs and remedies that claim to have magical properties, and makes doing so a cognizable offence. The Act defines "magic remedy" as any talisman, mantra, amulet or any other object, which is claimed to have miraculous powers to cure, diagnose, prevent or mitigate a disease in humans or animal. It also includes such devices that are claimed to have power to influence structure or function of an organ in humans or animals.

An MMC official further explains, "The problem is further compounded as there is no anti-quackery law in India. Not much of work is being done by the Anti Quackery Committee which exists at the district level. Police has to take action in such cases. Besides this, the state medical council can't take action due to lack of provisions to penalise quacks under the MMC Act.

Several proposals are still pending with the state medical education department to help make the Act more patient and physician friendly, rues an MMC official.

A meeting with the anti-quackery cell in Mumbai based on complaints of quacks practicing in Maharashtra is also awaited. The cell has in its panel the Mumbai municipal commissioner, police commissioner and the MMC officials.

According to the complaints received by the council, the 700 doctors under the MMC scanner don't have proper qualification to carry out the duties of a medical professional. The anti-quackery cell as of now can file criminal cases against these bogus doctors. MMC will discuss and explore the issue of growing number of quacks in the state with the cell in a detailed manner.

Maharashtra State Pharmacy Council (MSPC) had also detected 1400 such cases of bogus doctors in pharmacy inspections related to Section 42 of the Pharmacy Act, 1948 last year and submitted the report to the district vigilance committee for further action.