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18th October 2016
MCI Gazette notifies prescription clause in ethics regulation
 
MCI gazette notification: "Every physician should prescribe drugs with generic names legibly and preferably in capital letters and he/she shall ensure that there is a rational prescription and use of drugs."
 
The notification was issued to amend the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulation 2002. Approved for publication on September 21, this is an upgrade of the previous notification that says doctors should write generic names of the drugs they prescribe.
 
Medical Council of India Notification New Delhi, the 21st September, 2016
No.MCI-211(2)/2016(Ethics)/131118:-
 
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: - Short Title and Commencement:-
 
(i) These Regulations may be called the "Indian Medical Council (Professional Conduct, Etiquette and Ethics) (Amendment) Regulations, 2016 - Part - I".
(ii) They shall come into force from the date of their publication in the Office Gazette.
 
2. In the "Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002", the following additions/modifications/deletions/substitutions, shall be, as indicated therein:-
 
3. In Chapter 1-B-Duties and responsibilities of the Physician in general, Clause - 1.5 under the heading - Use of Generic names of drugs, the following shall be substituted : -
 
"Every physician should prescribe drugs with generic names legibly and preferably in capital letters and he/she shall ensure that there is a rational prescription and use of drugs"
 
Dr Reena Nayyar, Secy. I/c
(ADVT.-III/4/Exty./253(100))
 
IMA Views
  • The notification says 'should' and not 'shall'. So it is an advisory.
  • Drugs with generic name means chemical name should be written.
  • This does not bar from writing the brand name in addition.
  • Even the Jan Aushadhi project of the government, the word 'Jan Aushadhi' is a brand.
  • Capital letters will reduce prescription errors.
  • 'Legibly' means electronic prescriptions are not compulsory.
  • 'Preferably' means attempts should be made.
  • Rational use is scientific and evidence-based.
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Press Release
Difference of opinion and error of judgement is not negligience: IMA & HCFI
 
New Delhi, October 17, 2016: Imagine the following scenario, a person suspected of a serious crime is facing court judgemement for his actions. The lower court offers him death sentence, the case is then taken to the high court where life sentence is offered to the individual. Now comes the supreme court which upon careful reconsideration of facts and evidences, abolishes all the previous sentences and grants freedom to the individual. 

Had the high court and the supreme court not been involved, our hypothetical individual might have faced the death sentence inevitably. In this case, is the lower court negligient? The answer is obviously, NO. 
 
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