NMC finally decides it will take up patients’ appeals against state council rulings

In a victory for patients’ rights, the National Medical Commission has decided that it will take up appeals of patients in cases against doctors. For almost five years, since the NMC was constituted in September 2020, it has been rejecting patients’ appeals stating that only doctors have the right to appeal against decisions of state medical councils. However, the NMC decision is yet to be made public.

The minutes of the NMC meeting held on September 23, 2024, obtained through the right to information, showed that the NMC had agreed that all appeals received by its Ethics and Medical Registration Board (EMRB) will be entertained. In case of action not being taken by state councils on complaints filed by non-medicos (read patients or their families) even after issuance of reminders by the boards, it was decided that EMRB may take over the complaint/matter from the state council and dispose of it.
The NMC was refusing to hear patients’ appeal citing section 30(3) of the NMC Act 2019. The Section states: A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board (EMRB)against such action, and the decision, if any, of the Ethics and Medical Registration Board thereupon shall be binding on the State Medical Council, unless a second appeal is preferred under sub-section(4).” The EMRB and the NMC reiterated that the law only allowed medical practitioners aggrieved by decisions of state councils to appeal.
“I have been repeatedly arguing that patients have the right to appeal against decisions of state medical council under the ethics regulations of 2002, which have been in force all through,” said Dr KV Babu an ophthalmologist and RTI activist, who has been following up the issue through RTI applications and complaints to the ministry and the NMC since 2022.
Clause 8.8 of the ethics regulations of 2002 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”. This clause was added to the Code of Conduct Regulations 2002 following a 2003 order of the Supreme Court in a writ petition filed in 2000. Before the case in 2000, even the Indian Medical Council Act 1956, under which the erstwhile Medical Council of India functioned, allowed only medical practitioners the right to appeal.
Responding to several complaints from patients, the health ministry added a provision for patients to appeal in the draft of the National Medical Commission (Amendment) Bill 2022, which was made public in December 2022. However, the bill has remained in limbo.
On August 2, 2023, the NMC brought in the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 to replace the ethics regulation of 2002. However, in the face of huge protests from doctors and the pharmaceutical and medical device industry against the new regulations, which stipulated generic prescription, the NMC announced on August 23, 2023, that the new regulations were being held in abeyance with immediate effect. Along with this, EMRB notified that Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 was being adopted and made effective “as if the same have been made by the commission by virtue of the powers vested under the NMC Act 2019”.

Despite the 2002 regulation coming into effect, the EMRB continued to reject the appeals of patients claiming that section 8.8 of the 2002 Regulations was abolished on September 25, 2020, after all the provisions of the NMC Act, 2019 came into force.
“The NMC Act states that 'the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder'. The ethics code was not replaced by the NMC, except briefly in August 2023. Otherwise, clause 8.8. of the 2002 regulations has been in operation right from the inception of the NMC. So, the NMC's decision to disallow appeals of non-doctors was always illegal. I am happy that finally better sense has prevailed,” said Dr Babu. Over the years, over a hundred patient appeals have been rejected.