Duties and responsibility of a physician are described in the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations. For personal accounts OR managers of institutional accounts. FORM OF CERTIFICATE RECOMMENDED FOR LEAVE OR EXTENSION OR COMMUNICATION OF LEAVE AND FOR FITNESS. If you missed the NBC Day 1 2 & 3 Sessions you can watch them on our YouTube channel. In connection with civil and military matters. 1.2.1 The principal objective of the medical profession is to render service to humanity with full respect for the dignity of profession and man. On 27 November 2015, the tribunal found that Dr Naidu had engaged in professional misconduct by having a sexual relationship with Patient A. Accordingly. © 2002 by The McGraw-Hill Companies, Inc. [5], In dealing with pharmaceutical and allied healthcare industry, a medical practitioner should follow and adhere to stipulations given below:-. Prescribing steroids and psychotropic drugs without absolute medical indication and selling schedule ‘H’ and ‘L’ and poison to general public falls under contravention of the act. (), Online submission is not open so please mail submissions to: [email protected], © 2021. The attending physician may prescribe medicine at any time for the patient, whereas the consultant may prescribe only in case of emergency or as an expert when called for. ‘The preponderance of misconduct occurs because many authors are not informed on ethics, as these issues have generally not been addressed in medical undergraduate or postgraduate education.’ The truth of this statement is undermined by the absence of any advanced ethical framework required to understand that dishonest research activity is unethical, let alone its incommensurability … 7.10 A registered medical practitioner shall not issue certificates of efficiency in modern medicine to unqualified or non-medical persons. 6.5 Secret remedies : The prescribing or dispensing by a physician of secret remedial agents of which he does not know the composition, or the manufacture or promotion of their use is unethical and as such prohibited. The International Code of Medical Ethics 8 D. Declaration of Geneva 11 PART II Professional Conduct and Responsibilities 12 Misconduct in a Professional Respect 12 A. Romantic or Sexual Relationships with Key Third Parties: Opinion E-9.1.2 3. Using an unusually large signboard and writing anything other than name, qualification, specialty, registration number and the name of State Medical Council under which he/she is registered is improper. Registered medical practitioners are required to issue certificates, notification, report and other documents of similar character for subsequent use in courts or administrative purposes. They should play their part in enforcing the laws of the community and in sustaining the institutions that advance the interests of humanity. Duties and responsibility of a physician are described in t, he Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, . 7.19 A physician shall not use touts or agents for procuring patients. Every care should be taken that the code is not violated in letter or spirit. 7.4 Adultery or improper conduct : Abuse of professional position by committing adultery or improper conduct with a patient or by maintaining an improper association with a patient will render a physician liable for disciplinary action as provided under the Indian Medical Council Act, 1956, or the concerned State Medical Council Act. 7.15 The registered medical practitioner shall not refuse on religious grounds alone to give assistance in or conduct of sterility, birth control, circumcision and medical termination of pregnancy when there is medical indication, unless the medical practitioner feels himself/herself incompetent to do so. An arrest can be made only for the purpose of furthering the investigation or collecting evidence. 1.9 Evasion of legal restrictions: The physician shall observe the laws of the country in regulating the practice of medicine and shall also not assist others to evade such laws. Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. A physician should not receive any gift, gratuity, commission or bonus in consideration of referring, recommending or procuring any patient. Request Maharashtra Government to file review petition in Supreme Court : matter regarding Dr Payal Tadv [with 600+ endorsements]’. ISSUED BY DOCTORS FOR THE PURPOSES OF VARIOUS ACTS/ADMINISTRATIVE REQUIREMENTS, Editorial Team 6.4.1 A physician shall not give, solicit, or receive nor shall he offer to give solicit or receive, 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. 4.4 Appointment of substitute: Whenever a physician requests another physician to attend his patients during his temporary absence from his practice, professional courtesy requires the acceptance of such appointment only when he has the capacity to discharge the additional responsibility along with his/her other duties. All physicians engaged in the case should be frank with the patient and his attendants. Consultation fees and other charges must be clearly displayed at the place of working. 3.7.1 A physician shall clearly display his fees and other charges on the board of his chamber and/or the hospitals he is visiting.Prescription should also make clear if the physician himself dispensed any medicine. In exercise of the powers conferred under section 20A read with section 33(m) of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India, with the previous approval of the Central Government, hereby makes the following regulations relating to the Professional Conduct, Etiquette and Ethics for registered medical practitioners, namely: 1.1 Character of physician (doctors with qualification of MBBS or MBBS with post graduate degree/ diploma or with equivalent qualification in any medical discipline): 1.1.1 A physician shall uphold the dignity and honour of his profession. Prescribing, manufacturing, promoting or selling any secret remedial drugs is unethical. 1.2.2 Membership in medical society: For the advancement of his profession, a physician should affiliate with associations and societies of allopathic medical professions and involve actively in the functioning of such bodies. [3] Medical negligence is a breach of the duty of care resulting in damage or injury. Professional misconduct by doctors is such conduct which is considered disgraceful or dishonorable by other doctors of good repute and competence. There are a number of grounds on which complaints can be made, such as: • professional misconduct, • poor professional performance, including complaints about unacceptable behaviour or poor communication, a physical or mental disability, including addiction to alcohol In connection with matters under the control of the department of pensions. 3.1 Unnecessary consultations should be avoided : 3.1.1 However, in case of serious illness and in doubtful or difficult conditions, the physician should request consultation, but under any circumstances such consultation should be justifiable and in the interest of the patient only and not for any other consideration. It may issue a warning to the practitioner. [13], For medical negligence, Prima facie evidence in the form of a credible opinion given by another competent doctor is needed to support the charge of rashness or negligence on the part of the accused doctor and file an FIR against the negligent doctor.[14]. [12], If a medical practitioner is found guilty of professional misconduct by appropriate Medical Council, it may award punishment which includes removal of name from the register of medical practitioner permanently or for a specified period. Can arbitration solve competition law disputes? Professional ethics encompass the personal and corporate standards of behavior expected by professionals.. A doctor has a duty of care in deciding whether to undertake the case or not, duty in deciding what treatment to give, the duty of care in the administration of that treatment, duty not to undertake any procedure beyond his or her control. Special memberships are advocated for handicapped or disabled … [2]. Covers regulatory parts of duties. Such team shall consist of the doctor in charge of the patient, Chief Medical Officer/Medical Officer in charge of the hospital and a doctor nominated by the in-charge of the hospital from the hospital staff or in accordance with the provisions of the Transplantation of Human Organ Act, 1994. [16], A doctor accused of negligence will not be arrested in a routine manner. Physicians should disseminate advice on public health issues. 2.5Engagement for an obstetric case : When a physician who has been engaged to attend an obstetric case is absent and another is sent for and delivery accomplished, the acting physician is entitled to his professional fees, but should secure the patient’s consent to resign on the arrival of the physician engaged. See Impaired health care provider. Behavior by a professional that implies an intentional compromise of ethical standards. The tribunal also imposed conditions on Dr Naidu’s … Circumstances may and do arise from time to time in relation to which there may occur questions of professional misconduct which do not come within any of these categories. These Regulations may be called the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002. Issuing certificates of efficiency in modern medicine to unqualified or non-medical person constitutes professional misconduct. In such instances as in all others, the Medical Council of India and/or State Medical Councils have to consider and decide upon the facts brought before the Medical Council of India and/or State Medical Councils. It can be about the media and their ethics, the judicial and legal ethics, the medical code of conduct, the ethics of realtors, the Engineer’s ethical code, and several others. It is improper to affix a sign board on a chemist’s shop or in places where he does not reside or work. It may temporarily restrict the doctor from performing certain procedures or seeing certain types of patients. Medical Practitioners should not accept any hospitality including hotel accommodation for self or any family member. Follow such a tenet blindly and you could well find yourself on the wrong side of the law. Providing good care. For imposing civil liability, proceedings can be initiated before an appropriate civil court or consumer forum. 7.6 Sex determination tests: On no account shall sex determination tests be undertaken with the intent to terminate the life of a female foetus developing in her mother’s womb, unless there are other absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy Act, 1971. 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