This text will be used as a preview snippet in most modern email clients.
Email not displaying correctly? View it in your browser.
eMediNews
(Incorporating eIMA News)
12th February 2016
Editorial
Punishment for pharma doctor relationship notified
 
 Medical Council of India Notification

 

 New Delhi, the 28th January, 2016 No.  MCI-211(1)/2010(Ethics)/163013.—  In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government, hereby makes the following Regulations to amend the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002:—
 
 1. (i) These Regulations may be called the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) (Amendment) Regulations, 2015.”
 
    (ii) They shall come into force from the date of their publication in the Official Gazette.
 2. In the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002”, the following additions/modification/deletions/substitutions, shall be, as indicated therein:-
 
 3. (i) The title of Section 6.8, as amended vide notification dated 10/12/2009, shall be further amended by deleting the words “and professional association of doctors” as under:-
 “6.8 Code of Conduct for doctors in their relationship with pharmaceutical and allied health sector industry”
(ii) Section 6.8.1. (b), as amended vide notification dated 10/12/2009, shall be substituted as under:—
 (b) Travel Facilities : A medical practitioner shall not accept any travel Facility inside the country or outside, including rail, road, air, ship, cruise tickets, paid vacation, etc. from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacation or for attending conferences, seminars, workshops, CME Programme, etc. as a delegate.
 (iii) Action to be taken by the Council for violation of Section 6.8, as amended vide notification dated 10/12/2009, shall be prescribed by further amending the Section 6.8.1 as under:—
 
6.8.1 In dealing with Pharmaceutical and allied health sector industry, a medical practitioner shall follow and adhere to the stipulations given below:-
a) Gifts: A medical practitioner shall not receive any gift from any pharmaceutical or allied healthcare industry and their sales people or representatives.

Action: Gifts more than Rs. 1,000/- up to Rs. 5,000/- : Censure
Gifts more than Rs. 5,000/- up to Rs. 10,000/-: Removal from Indian Medical Register or State Medical Register for 3 (three) months.
Gifts more than Rs. 10,000/- to Rs. 50,000/- : Removal from Indian Medical Register or State Medical Register for 6(six) months.
Gifts more than Rs. 50,000/- to Rs. 1, 00,000/- : Removal from Indian Medical Register or State Medical Register for 1 (one) year.
Gifts more than Rs. 1, 00,000/-: Removal for a period of more than 1 (one) year from Indian
Medical Register or State Medical Register.
 
b) Travel facilities: A medical practitioner shall not accept any travel facility inside the country or outside, including rail, road, air, ship, cruise tickets, paid vacations etc. from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacation or for attending conferences, seminars, workshops, CME programme etc. as a delegate.
 
Action: Expenses for travel facilities more than Rs. 1,000/- up to Rs. 5,000/-: Censure
Expenses for travel facilities more than Rs. 5,000/- up to Rs. 10,000/-: Removal from Indian Medical Register or State Medical Register for 3 (three) months.
Expenses for travel facilities more than Rs. 10,000/- to Rs. 50,000/-: Removal from Indian Medical Register or State medical Register for 6 (six) months.
Expenses for travel facilities more than Rs. 50,000/- to Rs. 1, 00,000/-: Removal from Indian Medical Register or State Medical Register for 1 (one) year.
Expenses for travel facilities more than Rs. 1, 00,000/-: Removal for a period of more than 1 (one) year from Indian Medical Register or State Medical Register.
 
c) Hospitality: A medical practitioner shall not accept individually any hospitality like hotel accommodation for self and family members under any pretext.
 
Action: Expenses for Hospitality more than Rs. 1,000/- up to Rs. 5,000/-: Censure
Expenses for Hospitality more than Rs. 5,000/- up to Rs. 10,000/-: Removal from Indian Medical Register or State Medical Register for 3 (three) months.
Expenses for Hospitality more than Rs. 10,000/- to Rs. 50,000/-: Removal from Indian Medical Register or State Medical Register for 6 (six) months.
Expenses for Hospitality more than more than Rs. 50,000/- to Rs. 1, 00,000/: Removal from Indian Medical Register or State Medical Register for 1 (one) year.
Expenses for Hospitality more than Rs. 1, 00,000/-: Removal for a period of more than 1 (one) year from Indian Medical Register or State Medical Register.
 
d) Cash or monetary grants: A medical practitioner shall not receive any cash or monetary grants from any pharmaceutical and allied healthcare industry for individual purpose in individual capacity under any pretext. Funding for medical research, study etc. can only be received through approved institutions by modalities laid down by law/rules/guidelines adopted by such approved institutions, in a transparent manner. It shall always be fully disclosed.
 
Action: Cash or monetary grants more than Rs. 1,000/- up to Rs. 5,000/-: Censure
Cash or monetary grants more than Rs. 5,000/- up to Rs. 10,000/-: Removal from Indian Medical Register or State Medical Register for 3 (three) months.
Cash or monetary grants more than Rs. 10,000/- to Rs. 50,000/-: Removal from Indian Medical Register or State Medical Register for 6 (six) months.
Cash or monetary grants more than Rs. 50,000/- to Rs. 1, 00,000/-: Removal from Indian Medical Register or State Medical Register for 1 (one) year.
Cash or monetary grants more than Rs. 1, 00,000/-: Removal for a period of more than 1 (one) year from Indian Medical Register or State Medical Register.
 
e) Medical Research: A medical practitioner may carry out, participate in, work in research projects funded by pharmaceutical and allied healthcare industries. A medical practitioner is obliged to know that the fulfilment of the following items (i) to (vii) will be an imperative for undertaking any research assignment/ project funded by industry–for being proper and ethical. Thus, in accepting such a position a medical practitioner shall :-
(i) Ensure that the particular research proposal(s) has the due permission from the competent concerned authorities.
(ii) Ensure that such a research project(s) has the clearance of national/state/institutional ethics committees/bodies.
(iii) Ensure that it fulfils all the legal requirements prescribed for medical research.
(iv) Ensure that the source and amount of funding is publicly disclosed at the beginning itself.
(v) Ensure that proper care and facilities are provided to human volunteers, if they are necessary for the research project(s).
(vi) Ensure that undue animal experimentations are not done and when these are necessary they are done in a scientific and a humane way.
(vii) Ensure that while accepting such an assignment a medical practitioner shall have the freedom to publish the results of the research in the greater interest of the society by inserting such a clause in the MoU or any other documents/agreement for any such assignment.
 
Action: First time censure, and thereafter removal of name from Indian Medical Register or State Medical Register for a period depending upon the violation of the clause.
 
f) Maintaining Professional Autonomy: In dealing with pharmaceutical and allied healthcare industry a medical practitioner shall always ensure that there shall never be any compromise either with his/her own professional autonomy and/or with the autonomy and freedom of the medical institution.

Action: First time censure, and thereafter removal of name from Indian Medical Register or State Medical Register.
 

g) Affiliation: A medical practitioner may work for pharmaceutical and allied healthcare industries in advisory capacities, as consultants, as researchers, as treating doctors or in any other professional capacity. In doing so,
a medical practitioner shall always:—
i. Ensure that his professional integrity and freedom are maintained.
ii. Ensure that patients interest are not compromised in any way.
iii. Ensure that such affiliations are within the law.
iv. Ensure that such affiliations/employments are fully transparent and disclosed.
Action: First time censure, and thereafter removal of name from Indian Medical Register or State Medical Register for a period depending upon the violation of the clause.
 
h) Endorsement: 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 in appropriate scientific journals in a proper way.
 
Action: First time censure, and thereafter removal of name from Indian Medical Register or State Medical Register. 
Dr. Reena Nayyar, Secy. I/c.
(ADVT.-III/4/Exty./100/347)
 Foot Note : The Principal Regulations namely, “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002” were published in Part – III, Section (4) of the Gazette of India on the 6th April, 2002, and amended vide MCI notification dated 22/02/2003, 26/05/2004 & 10/12/2009
To Read More or Comment, Click Here
Top News
Practice Updates
Video of the Day
Webcast
CSI 2016 Live Updates
Read CSI 2016 Updates
Lifestyle Updates
Lighter Reading
Medicolegal Corner
What's Your Take ?
eMedi Quiz
Photo Quiz
Top Discussions of the Week on eMedinexus
Quizzes and Cases
ANSWER OUR QUIZZES AND GET FEATURED ON EMEDINEWS
Press Release
Each medical practitioner must care for the poor: IMA  
 
New Delhi, February 11, 2016: Opinion 9.065 'Caring for the Poor' of AMA Code of medical ethics states that each physician has an obligation to share in providing care to the indigent. The measure of what constitutes an appropriate contribution may vary with circumstances such as community characteristics, geographic location, the nature of the physician's practice and specialty, and other conditions.
 
Sharing IMA's viewpoint, Dr. SS Agarwal, National President IMA & Padma Shri Awardee Dr K K Aggarwal, President, Heart Care Foundation of India and Honorary Secretary General IMA said, "Caring for the poor should be a regular part of the physician’s practice schedule. This can be done by free consultations or at reduced cost, serving at free clinics for the poor and participating in government programs that provide health care to the poor. They can also design and lobby for better programs for the poor".
To Read More or Comment, Click Here
IMA Updates
 
 
IMA Polio Dates
  • April 1st: tOPV would not be available after this date.
  • April 11th: bOPV would be available in private market but it is not to be opened or used before 25th April.
  • April 25: IMA Polio Switch Day, when tOPV would be completely withdrawn and replaced by bOPV in both routine immunization and polio campaigns.
  • 9th May: IMA National Validation Day when India would be declared free of tOPV. 

IMA Satyagraha - https://www.youtube.com/watch?v=UV1zCH33BlU

Dr Good Dr Bad                                                          Make Sure
eIMA News Update
Digital IMA
The Indian Medical Association (IMA) presents a series of weekly webcasts for the benefit of the Indian medical profession, engaging you with the latest in advocacy efforts for doctors, through an interactive exclusive digital webcast partnership with eMediNexus.

Next Webcast: 
18th February 2016