Union Health Ministry Addresses Appeals by Non-Registered Medical Practitioners
Overview of the Situation
The Union Health Ministry has directed the National Medical Commission (NMC) to take appropriate legal actions regarding appeals submitted by non-Registered Medical Practitioners (RMPs) against decisions made by State Medical Councils. This initiative follows a representation from Health Activist Dr. KV Babu, who raised concerns about the interpretation and application of specific regulations within the Medical Council of India (MCI) Ethics Regulations, 2002, in conjunction with the National Medical Commission Act, 2019.
Dr. Babu’s Representation and Requests
Dr. Babu urged the Ministry to instruct the Ethics and Medical Registration Board (EMRB) of the NMC to address appeals filed by non-RMPs against State Medical Council decisions. Additionally, he called for the establishment of a body to scrutinize alleged misconduct by certain RMPs violating Regulation 1.9 of the MCI Ethics Regulations, 2002.
Ministry’s Response to the Representation
In response, the Ministry has forwarded Dr. Babu’s representation to the NMC, emphasizing that the issues raised fall within the NMC’s jurisdiction. The Ministry’s communication stated, “As the issues raised fall within the statutory domain of the National Medical Commission, the representation is hereby forwarded to the NMC for examination and appropriate action, as deemed fit under the provisions of the NMC Act, 2019 and the regulations framed thereunder.” The NMC is expected to act in accordance with the law and inform the Ministry of the outcomes.
Changes in Appeal Process Following NMC’s Establishment
Previously, non-RMPs could appeal to the former Medical Council of India against decisions made by State Medical Councils. However, this process has changed since the NMC replaced the MCI. Reports indicate that between March and September 2022, the NMC rejected 65 appeals from patients or their families on grounds of non-maintainability, as defined by Section 30(3) of the NMC Act, 2019.
Dr. Babu’s Advocacy for Patient Rights
Over recent years, Dr. Babu has asserted that patients possess the right to appeal against State Medical Council rulings under Section 8.8 of the Ethics Regulations, 2002. This section states that “Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council.”
Recent Developments and Future Implications
In a positive development for public access to justice, the NMC has announced its intention to consider appeals from patients against State Medical Council decisions. This decision was documented in the minutes of the 16th meeting held on September 23, 2024. Nevertheless, on February 21, 2025, the NMC rejected an appeal from a patient in Amritsar, Punjab.
Government Proposal and Ongoing Concerns
In 2023, the Central Government proposed an amendment to the NMC Act, 2019, to enable patients and their relatives to challenge State Medical Council decisions before the NMC Ethics Board. However, this proposal is currently on hold. Dr. Babu has again raised this issue with the Union Health Ministry, highlighting a previous decision made by the NMC on October 6, 2021, which he believes contradicts the provisions of the NMC Act.
Call for Accountability
In his correspondence with the Ministry, Dr. Babu has requested action against 27 RMPs who were NMC members at the time of the fourth meeting, alleging they contravened Regulation 1.9 of the MCI Ethics Regulations, 2002. He stated, “Those 27 NMC members, who happened to be doctors should be made accountable for the illegal decision. It’s for the Ministry of Health to act. This is a step in the right direction,” he remarked to Medical Dialogues.