mci code of ethics

(AMENDED UPTO DECEMBER 2010)
(Published in Part III, Section 4 of the Gazette of India, dated 6th April,2002)
MEDICAL COUNCIL OF INDIA
NOTIFICATION
New Delhi, dated 11th March, 2002
Click here to view / read this Regulation
No. MCI-211(2)/2001/Registration. In exercise of the powers conferred under section 20A read w ith
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 f or registered medical practitioners, namely: –
Short Title and Commencement :
1. These Regulations may be called the Indian Medical Council (Professional conduct, Etiquette
and Ethics) Regulations, 2002.
2. They shall come into force on the date of their publication in the Official Gazette.
CHAPTER I
1. CODE OF MEDICAL ETHICS
A. Declaration:
Each applicant, at the time of making an application for registration under the provisions of the Act,
shall be provided a copy of the declaration and shall submit a duly signed Declaration as provided
in Appendix 1. The applicant shall also certify that he/she had read and agreed to abide by the same.
B. Duties and responsibilities of the Physician in general:
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.
1.1.2 The prime object of the medical profession is to render service to humanity; reward or financial
gain is a subordinate consideration. Who – so-ever chooses his profession, assumes the obligation to
conduct himself in accordance with its ideals. A physician should be an upright man, instructed in the
art of healings. He shall keep himself pure in character and be diligent in caring for the sick; he should
be modest, sober, patient, prompt in discharging his duty without anxiety; conducting himself with
propriety in his profession and in all the actions of his life.
1.1.3 No person other than a doctor having qualification recognised by Medical Council of India and
registered with Medical Council of India/State Medical Council (s) is allowed to practice Modern system
of Medicine or Surgery. A person obtaining qualification in any other system of Medicine is not allowed
to practice Modern system of Medicine in any form.
1.2 Maintaining good medical practice :
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. Physicians should merit the confidence of patients
entrusted to their care, rendering to each a full measure of service and devotion. Physicians should try
continuously to improve medical knowledge and skills and should make available to their patients and
colleagues the benefits of their professional attainments. The physician should practice methods of
healing founded on scientific basis and should not associate profession ally with anyone who violates
this principle. The honoured ideals of the medical profession imply that the responsibilities of the
physician extend not only to individuals but also to society.
1.2.2 Membership in Medical Society: For the advancement of hi s profession, a physician should
affiliate with associations and societies of allopathic medical professions and involve actively in the
functioning of such bodies.
1.2.3 A Physician should participate in professional meetings as part of Continuing Medica l Education
programmes, for at least 30 hours every five years, organized by reputed professional academic
bodies or any other authorized organisations. The compliance of this requirement shall be informed
regularly to Medical Council of India or the State Medical Councils as the case may be.
1.3 Maintenance of medical records :
1.3.1 Every physician shall maintain the medical records pertaining to his / her indoor patients for a
period of 3 years from the date of commencement of the treatment in a standa rd proforma laid down
by the Medical Council of India and attached as Appendix 3.
1.3.2. If any request is made for medical records either by the patients / authorised attendant or legal
authorities involved, the same may be duly acknowledged and documents shall be issued within the
period of 72 hours.
1.3.3 A Registered medical practitioner shall maintain a Register of Medical Certificates giving full
details of certificates issued. When issuing a medical certificate he / she shall always enter the
identification marks of the patient and keep a copy of the certificate. He / She shall not omit to record
the signature and/or thumb mark, address and at least one identification mark of the patient on the
medical certificates or report. The medical certificate shall be prepared as in Appendix 2.
1.3.4 Efforts shall be made to computerize medical records for quick retrieval.
1.4 Display of registration numbers :
1.4.1 Every physician shall display the registration number accord ed to him by the State Medical
Council / Medical Council of India in his clinic and in all his prescriptions, certificates, money receipts
given to his patients.
1.4.2 Physicians shall display as suffix to their names only recognized medical degrees or su ch
certificates/diplomas and memberships/honours which confer professional knowledge or recognizes
any exemplary qualification/achievements.
1.5 Use of Generic names of drugs : Every physician should, as far as possible, prescribe drugs with
generic names and he / she shall ensure that there is a rational prescription and use of drugs.
1.6 Highest Quality Assurance in patient care : Every physician should aid in safeguarding the
profession against admission to it of those who are deficient in moral characte r or education. Physician
shall not employ in connection with his professional practice any attendant who is neither registered
nor enlisted under the Medical Acts in force and shall not permit such persons to attend, treat or
perform operations upon patie nts wherever professional discretion or skill is required.
1.7 Exposure of Unethical Conduct : A Physician should expose, without fear or favour, incompetent
or corrupt, dishonest or unethical conduct on the part of members of the profession.
1.8 Payment of Professional Services : The physician, engaged in the practice of medicine shall
give priority to the interests of patients. The personal financial interests of a physician should not
conflict with the medical interests of patients. A physician should an nounce his fees before rendering
service and not after the operation or treatment is under way. Remuneration received for such
services should be in the form and amount specifically announced to the patient at the time the
service is rendered. It is unethi cal to enter into a contract of “no cure no payment”. Physician
rendering service on behalf of the state shall refrain from anticipating or accepting any consideration.
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. He should be cooperative
in observance and enforcement of sanitary laws and regulations in the interest of public health. A
physician should observe the provisions of the State Acts like Drugs and Cosmetics Act, 1940;
Pharmacy Act, 1948; Narcotic Drugs and Psychotropic substances Act, 1985; Medical Termination of
Pregnancy Act, 1971; Transplantation of Human Organ Act, 1994; Mental Health Act, 1987;
Environmental Protection Act, 1986; Pre –natal Sex Determination Test Act, 1994; Drugs and Magic
Remedies (Objectionable Advertisement) Act, 1954; Persons with Disabilities (Equal Opportunities and
Full Participation) Act, 1995 and Bio -Medical Waste (Management and Handlin g) Rules, 1998 and such
other Acts, Rules, Regulations made by the Central/State Governments or local Administrative Bodies
or any other relevant Act relating to the protection and promotion of public health.
CHAPTER 2
2. DUTIES OF PHYSICIANS TO THEIR PATIENTS
2.1 Obligations to the Sick
2.1.1 Though a physician is not bound to treat each and every person asking his services, he should
not only be ever ready to respond to the calls of the sick and the injured, but should be mindful of the
high character of his mission and the responsibility he discharges in the course of his professional
duties. In his treatment, he should never forget that the health and the lives of those entrusted to his
care depend on his skill and attention. A physician should endea vour to add to the comfort of the sick
by making his visits at the hour indicated to the patients. A physician advising a patient to seek
service of another physician is acceptable, however, in case of emergency a physician must treat the
patient. No physician shall arbitrarily refuse treatment to a patient. However for good reason, when a
patient is suffering from an ailment which is not within the range of experience of the treating
physician, the physician may refuse treatment and refer the patient to an other physician.
2.1.2 Medical practitioner having any incapacity detrimental to the patient or which can affect his
performance vis-à-vis the patient is not permitted to practice his profession
2.2 Patience, Delicacy and Secrecy : Patience and delicacy sh ould characterize the physician.
Confidences concerning individual or domestic life entrusted by patients to a physician and defects in
the disposition or character of patients observed during medical attendance should never be revealed
unless their revelation is required by the laws of the State. Sometimes, however, a physician must
determine whether his duty to society requires him to employ knowledge, obtained through confidence
as a physician, to protect a healthy person against a communicable disease t o which he is about to be
exposed. In such instance, the physician should act as he would wish another to act toward one of his
own family in like circumstances.
2.3 Prognosis: The physician should neither exaggerate nor minimize the gravity of a patient’s
condition. He should ensure himself that the patient, his relatives or his responsible friends have such
knowledge of the patient’s condition as will serve the best interests of the patient and the family.
2.4 The Patient must not be neglected : A physician is free to choose whom he will serve. He
should, however, respond to any request for his assistance in an emergency. Once having undertaken
a case, the physician should not neglect the patient, nor should he withdraw from the case without
giving adequate notice to the patient and his family. Provisionally or fully registered medical
practitioner shall not willfully commit an act of negligence that may deprive his patient or patients
from necessary medical care.
2.5 Engagement 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.
CHAPTER 3
3.. DUTIES OF PHYSICIAN IN CONSULTATION
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.
3.1.2 Consulting pathologists /radiologists or asking for any other diagnostic Lab investigation should
be done judiciously and not in a routine manner.
3.2 Consultation for Patient’s Benefit : In every consultation, the benefit to the patient is of
foremost importance. All physicians engaged in the case should be frank with the patient and his
attendants.
3.3 Punctuality in Consultation : Utmost punctuality should be observed by a physician in making
themselves available for consultations .
3.4 Statement to Patient after Consultation :
3.4.1 All statements to the patient or his representatives should take place in the presence of the
consulting physicians, except as otherwise agreed. The disclosure of the opinion to the patient or his
relatives or friends shall rest with the medical attendant.
3.4.2 Differences of opinion should not be divulged unnecessarily bu t when there is irreconcilable
difference of opinion the circumstances should be frankly and impartially explained to the patient or
his relatives or friends. It would be opened to them to seek further advice as they so desire.
3.5 Treatment after Consult ation: No decision should restrain the attending physician from making
such subsequent variations in the treatment if any unexpected change occurs, but at the next
consultation, reasons for the variations should be discussed/explained. The same privilege, with its
obligations, belongs to the consultant when sent for in an emergency during the absence of attending
physician. The attending physician may prescribe medicine at any time for the patient, whereas the
consultant may prescribe only in case of emerge ncy or as an expert when called for.
3.6 Patients Referred to Specialists : When a patient is referred to a specialist by the attending
physician, a case summary of the patient should be given to the specialist, who should communicate
his opinion in writing to the attending physician.
3.7 Fees and other charges:
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 dis pensed any
medicine.
3.7.2 A physician shall write his name and designation in full along with registration particulars in his
prescription letter head.
Note: In Government hospital where the patient –load is heavy, the name of the prescribing doctor
must be written below his/her signature.
CHAPTER 4
4. RESPONSIBILITIES OF PHYSICIANS TO EACH OTHER
A physician should consider it as a pleasure and privilege to render gratuitous service to all physicians
and their immediate family dependants.
4.2 Conduct in consultation : In consultations, no insincerity, rivalry or envy should be indulged in.
All due respect should be observed towards the physician in -charge of the case and no statement or
remark be made, which would impair the confidence reposed in him . For this purpose no discussion
should be carried on in the presence of the patient or his representatives.
4.3 Consultant not to take charge of the case: When a physician has been called for consultation,
the Consultant should normally not take charge o f the case, especially on the solicitation of the patient
or friends. The Consultant shall not criticize the referring physician. He / she shall discuss the
diagnosis treatment plan with the referring physician.
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. The physician acting under such an appointment should give the utmost
consideration to the interests and reputation of the absent physician and all such patients should be
restored to the care of the latter upon his/her return.
4.5 Visiting another Physician’s Case: When it becomes the duty of a physician occupying an
official position to see and report upon an illness or injury, he should communicate to the physician in
attendance so as to give him an option of being present. The medical officer / physician occupying an
official position should avoid remarks upon the diagnosis or the treatment that has been adopted.
CHAPTER 5
5 DUTIES OF PHYSICIAN TO THE PUBLIC AND TO THE PARAMEDICAL PROFESSION
5.1 Physicians as Citizens: Physicians, as good citizens, possessed of special training should
disseminate advice on public health issues. They should play their part in enforcing the laws of the
community and in sustaining the institutions that advance the interests of humanity. The y should
particularly co-operate with the authorities in the administration of sanitary/public health laws and
regulations.
5.2 Public and Community Health : Physicians, especially those engaged in public health work,
should enlighten the public concerning quarantine regulations and measures for the prevention of
epidemic and communicable diseases. At all times the physician should notify the constituted public
health authorities of every case of communicable disease under his care, in accordance with the l aws,
rules and regulations of the health authorities. When an epidemic occurs a physician should not
abandon his duty for fear of contracting the disease himself.
5.3 Pharmacists / Nurses: Physicians should recognize and promote the practice of different
paramedical services such as, pharmacy and nursing as professions and should seek their cooperation
wherever required.
CHAPTER 6
6. UNETHICAL ACTS :
A physician shall not aid or abet or commit any of the following acts which shall be construed as
unethical –
6.1 Advertising:
6.1.1 Soliciting of patients directly or indirectly, by a physician, by a group of physicians or by
institutions or organisations is unethical. A physician shall not make use of him / her (or his / her
name) as subject of any for m or manner of advertising or publicity through any mode either alone or
in conjunction with others which is of such a character as to invite attention to him or to his
professional position, skill, qualification, achievements, attainments, specialities, a ppointments,
associations, affiliations or honours and/or of such character as would ordinarily result in his self
aggrandizement. A physician shall not give to any person, whether for compensation or otherwise, any
approval, recommendation, endorsement, c ertificate, report or statement with respect of any drug,
medicine, nostrum remedy, surgical, or therapeutic article, apparatus or appliance or any commercial
product or article with respect of any property, quality or use thereof or any test, demonstratio n or
trial thereof, for use in connection with his name, signature, or photograph in any form or manner of
advertising through any mode nor shall he boast of cases, operations, cures or remedies or permit the
publication of report thereof through any mode. A medical practitioner is however permitted to make a
formal announcement in press regarding the following:
1. On starting practice.
2. On change of type of practice.
3. On changing address.
4. On temporary absence from duty.
5. On resumption of another practice.
6. On succeeding to another practice.
7. Public declaration of charges.
6.1.2 Printing of self photograph, or any such material of publicity in the letter head or on sign board
of the consulting room or any such clinical establishment shall be regarded as acts o f self
advertisement and unethical conduct on the part of the physician. However, printing of sketches,
diagrams, picture of human system shall not be treated as unethical.
6.2 Patent and Copy rights: A physician may patent surgical instruments, appliance s and medicine
or Copyright applications, methods and procedures. However, it shall be unethical if the benefits of
such patents or copyrights are not made available in situations where the interest of large population
is involved.
6.3 Running an open shop (Dispensing of Drugs and Appliances by Physicians) : – A physician
should not run an open shop for sale of medicine for dispensing prescriptions prescribed by doctors
other than himself or for sale of medical or surgical appliances. It is not unethical fo r a physician to
prescribe or supply drugs, remedies or appliances as long as there is no exploitation of the patient.
Drugs prescribed by a physician or brought from the market for a patient should explicitly state the
proprietary formulae as well as gene ric name of the drug.
6.4 Rebates and Commission :
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 o r
procuring of any patient for medical, surgical or other treatment. A physician shall not directly or
indirectly, participate in or be a party to act of division, transference, assignment, subordination,
rebating, splitting or refunding of any fee for med ical, surgical or other treatment.
6.4.2 Provisions of para 6.4.1 shall apply with equal force to the referring, recommending or
procuring by a physician or any person, specimen or material for diagnostic purposes or other study /
work. Nothing in this se ction, however, shall prohibit payment of salaries by a qualified physician to
other duly qualified person rendering medical care under his supervision.
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. All the drugs prescribed by a physician should always carry a proprietary
formula and clear name.
6.6 Human Rights: The physician shall not aid or abet torture nor shall he be a party to either
infliction of mental or physical trauma or concealment of torture inflicted by some other person or
agency in clear violation of human rights.
6.7 Euthanasia: Practicing euthanasia shall constitute une thical conduct. However on specific
occasion, the question of withdrawing supporting devices to sustain cardio -pulmonary function even
after brain death, shall be decided only by a team of doctors and not merely by the treating physician
alone. A team of doctors shall declare withdrawal of support system. 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 s taff or in accordance with the
provisions of the Transplantation of Human Organ Act, 1994.
CHAPTER 7
7. MISCONDUCT :
The following acts of commission or omission on the part of a physician shall constitute professional
misconduct rendering him/her liable for disciplinary action
7.1 Violation of the Regulations : If he/she commits any violation of these Regulations.
7.2 If he/she does not maintain the medical records of his/her indoor patients for a period of three
years as per regulation 1.3 and refuses to provide the same within 72 hours when the patient or
his/her authorised representative makes a request for it as per the regulation 1.3.2.
7.3 If he/she does not display the registration number accorded to him/her by the State Medical
Council or the Medical Council of India in his clinic, prescriptions and certificates etc. issued by him or
violates the provisions of regulation 1.4.2.
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.
7.5 Conviction by Court of Law: Conviction by a Court of Law for offences involving moral turpitude
/ Criminal acts.
7.6 Sex Determination Tests: On no account sex determination test shall be undertaken with the
intent to terminate the life of a female foetus developing in her m other’s womb, unless there are other
absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy
Act, 1971. Any act of termination of pregnancy of normal female foetus amounting to female foeticide
shall be regarded as professional misconduct on the part of the physician leading to penal erasure
besides rendering him liable to criminal proceedings as per the provisions of this Act.
7.7 Signing Professional Certificates, Reports and other Documents: Registered medical
practitioners are in certain cases bound by law to give, or may from time to time be called upon or
requested to give certificates, notification, reports and other documents of similar character signed by
them in their professional capacity for subsequ ent use in the courts or for administrative purposes etc.
Such documents, among others, include the ones given at Appendix –4. Any registered practitioner
who is shown to have signed or given under his name and authority any such certificate, notification,
report or document of a similar character which is untrue, misleading or improper, is liable to have his
name deleted from the Register.
7.8 A registered medical practitioner shall not contravene the provisions of the Drugs and Cosmetics
Act and regulations made there under. Accordingly,
1. Prescribing steroids/ psychotropic drugs when there is no absolute medical indication;
2. selling Schedule ‘H’ & ‘L’ drugs and poisons to the public except to his patient;
in contravention of the above provisions shall cons titute gross professional misconduct on the part of
the physician.
7.9 Performing or enabling unqualified person to perform an abortion or any illegal operation for which
there is no medical, surgical or psychological indication.
7.10 A registered medical practitioner shall not issue certificates of efficiency in modern medicine to
unqualified or non-medical person.
(Note: The foregoing does not restrict the proper training and instruction of bonafide students,
midwives, dispensers, surgical attendants, o r skilled mechanical and technical assistants and therapy
assistants under the personal supervision of physicians.)
7.11 A physician should not contribute to the lay press articles and give interviews regarding diseases
and treatments which may have the e ffect of advertising himself or soliciting practices; but is open to
write to the lay press under his own name on matters of public health, hygienic living or to deliver
public lectures, give talks on the radio/TV/internet chat for the same purpose and sen d announcement
of the same to lay press.
7.12 An institution run by a physician for a particular purpose such as a maternity home, nursing
home, private hospital, rehabilitation centre or any type of training institution etc. may be advertised
in the lay press, but such advertisements should not contain anything more than the name of the
institution, type of patients admitted, type of training and other facilities offered and the fees.
7.13 It is improper for a physician to use an unusually large sign boa rd and write on it anything other
than his name, qualifications obtained from a University or a statutory body, titles and name of his
speciality, registration number including the name of the State Medical Council under which
registered. The same should b e the contents of his prescription papers. It is improper to affix a sign –
board on a chemist’s shop or in places where he does not reside or work.
7.14 The registered medical practitioner shall not disclose the secrets of a patient that have been
learnt in the exercise of his / her profession except –
1. in a court of law under orders of the Presiding Judge;
2. in circumstances where there is a serious and identified risk to a specific person and / or
community; and
3. notifiable diseases.
In case of communicable / notifiable diseases, concerned public health authorities should be informed
immediately.
7.15 The registered medical practitioner shall not refuse on religious grounds alone to give assistance
in or conduct of sterility, birth co ntrol, circumcision and medical termination of Pregnancy when there
is medical indication, unless the medical practitioner feels himself/herself incompetent to do so.
7.16 Before performing an operation the physician should obtain in writing the consent f rom the
husband or wife, parent or guardian in the case of minor, or the patient himself as the case may be.
In an operation which may result in sterility the consent of both husband and wife is needed.
7.17 A registered medical practitioner shall not pub lish photographs or case reports of his / her
patients without their permission, in any medical or other journal in a manner by which their identity
could be made out. If the identity is not to be disclosed, the consent is not needed.
7.18 In the case of running of a nursing home by a physician and employing assistants to help him /
her, the ultimate responsibility rests on the physician.
7.19 A Physician shall not use touts or agents for procuring patients.
7.20 A Physician shall not claim to be special ist unless he has a special qualification in that branch.
7.21 No act of invitro fertilization or artificial insemination shall be undertaken without the informed
consent of the female patient and her spouse as well as the donor. Such consent shall be obt ained in
writing only after the patient is provided, at her own level of comprehension, with sufficient
information about the purpose, methods, risks, inconveniences, disappointments of the procedure and
possible risks and hazards.
7.22 Research: Clinical drug trials or other research involving patients or volunteers as per the
guidelines of ICMR can be undertaken, provided ethical considerations are borne in mind. Violation of
existing ICMR guidelines in this regard shall constitute misconduct. Consent ta ken from the patient for
trial of drug or therapy which is not as per the guidelines shall also be construed as misconduct.
7.23 If a physician posted in rural area is found absent on more than two occasions during inspection
by the Head of the District Health Authority or the Chairman, Zila Parishad, the same shall be
construed as a misconduct if it is recommended to the Medical Council of India/State Medical Council
by the State Government for action under these Regulations.
7.24 If a physician posted in a medical college/institution both as teaching faculty or otherwise shall
remain in hospital/college during the assigned duty hours. If they are found absent on more than two
occasions during this period, the same shall be construed as a misconduct if i t is certified by the
Principal/Medical Superintendent and forwarded through the State Government to Medical Council of
India/State Medical Council for action under these Regulations.
CHAPTER 8
8. PUNISHMENT AND DISCIPLINARY ACTION
8.1 It must be clearly understood that the instances of offences and of Professional misconduct which
are given above do not constitute and are not intended to constitute a complete list of the infamous
acts which calls for disciplinary action, and that by issuin g this notice the Medical Council of India and
or State Medical Councils are in no way precluded from considering and dealing with any other form of
professional misconduct on the part of a registered practitioner. 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. Every care should be taken that the code is not violated in letter
or spirit. In such instances as in all others, the Medica l 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.
8.2 It is made clear that any complaint with regard to professional misconduct can be br ought before
the appropriate Medical Council for Disciplinary action. Upon receipt of any complaint of professional
misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the
registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found
to be guilty of committing professional misconduct, the appropriate Medical Council may award such
punishment as deemed necessary or may direct the removal altogether or for a specified period, fr om
the register of the name of the delinquent registered practitioner. Deletion from the Register shall be
widely publicized in local press as well as in the publications of different Medical Associations/
Societies/Bodies.
8.3 In case the punishment of r emoval from the register is for a limited period, the appropriate
Council may also direct that the name so removed shall be restored in the register after the expiry of
the period for which the name was ordered to be removed.
8.4 Decision on complaint aga inst delinquent physician shall be taken within a time limit of 6 months.
8.5 During the pendency of the complaint the appropriate Council may restrain the physician from
performing the procedure or practice which is under scrutiny.
8.6 Professional incompetence shall be judged by peer group as per guidelines prescribed by Medical
Council of India.
APPENDIX – 1
DECLARATION
At the time of registration, each applicant shall be given a copy of the following declaration by the
Registrar concerned and the applicant shall read and agree to abide by the same:
a. I solemnly pledge myself to consecrate my life to service of humanity.
b. Even under threat, I will not use my medical knowledge contrary to the laws of
Humanity.
c. I will maintain the utmost respect for human life from the time of conception.
d. I will not permit considerations of religion, nationality, race, party politics or social
standing to intervene between my duty and my patient.
e. I will practice my profession wit h conscience and dignity.
f. The health of my patient will be my first consideration.
g. I will respect the secrets which are confined in me.
h. I will give to my teachers the respect and gratitude which is their due.
i. I will maintain by all means in my power, the h onour and noble traditions of medical
profession.
j. I will treat my colleagues with all respect and dignity.
k. I shall abide by the code of medical ethics as enunciated in the Indian Medical Council
(Professional Conduct, Etiquette and Ethics) Regulations 2002 .
I make these promises solemnly, freely and upon my honour.
Signature ………………………………………………
Name ………………………………………………………
Place ………………………………………………………
Address
………………………………………………
……………………… ………………………
……………………… ………………………
Date …………………
APPENDIX – 2
FORM OF CERTIFICATE RECOMMENDED
FOR LEAVE OR EXTENSION OR COMMUNICATION
OF LEAVE AND FOR FITNESS
Signature of patient
or thumb impression ___________________________________________
To be filled in by the applicant in the presence of the Government Medical Attendant, or Medical
Practitioner.
Identification marks:-
a. __________________________
b. __________________________
I, Dr. _____________________________________ after careful examination of the case certify
hereby that _______________ whose signature is given above is suffering from
__________________ and I consider that a period of absence from duty of ____________________
with effect from __________________ is absolutely necessary for the restoration of hi s health.
I, Dr. ________________________ after careful examination of the case certify hereby that
______________________ on restoration of health is now fit to join service.
Place ___________________ Signature of Medical attendant.
Date ________________ Registration No. ___________________
(Medical Council of India / State Medical Council of …………..…. State)
Note:- The nature and probable duration of the illness should also be specified . This certificate must
be accompanied by a brief resume of the case giving the nature of the illness, its symptoms, causes
and duration.
APPENDIX-3
FORMAT FOR MEDICAL RECORD
(see regulation 3.1)
Name of the patient :
Age :
Sex :
Address :
Occupation :
Date of 1st visit :
Clinical note (summary) of the case:
Prov. : Diagnosis :
Investigations advised with reports:
Diagnosis after investigation:
Advice :
Follow up
Date:
Observations:
Signature in full ………………………….
Name of Treating Physician
APPENDIX –4
LIST OF CERTIFICATES, REPORTS, NOTIFICATIONS ETC. ISSUED BY DOCTORS FOR THE
PURPOSES OF VARIOUS ACTS / ADMINISTRATIVE REQUIREMENTS
1. Under the acts relating to birth, death or disposal of the dead.
2. Under the Acts relating to Lunacy and Mental Deficiency and under the Mental illness Act and
the rules made thereunder.
3. Under the Vaccination Acts and the regulations made thereunder.
4. Under the Factory Acts and the regulations made thereunder.
5. Under the Education Acts.
6. Under the Public Health Acts and the orders ma de thereunder.
7. Under the Workmen’s Compensation Act and Persons with Disability Act.
8. Under the Acts and orders relating to the notification of infectious diseases.
9. Under the Employee’s State Insurance Act.
10. In connection with sick benefit insurance and friendly societies.
11. Under the Merchant Shipping Act.
12. For procuring / issuing of passports.
13. For excusing attendance in courts of Justice, in public services, in public offices or in ordinary
employment.
14. In connection with Civil and Military matters.
15. In connection with matters under the control of Department of Pensions.
16. In connection with quarantine rules.
17. For procuring driving licence.
(DR. M. SACHDEVA)
SECRETARY
MEDICAL COUNCIL OF INDIA
(Published in Part III, Section 4 of the Gazette of India, dated 22nd February, 2003)
MEDICAL COUNCIL OF INDIA
NOTIFICATION
No.MCI-211(2)2002-Regn.- 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 amendments to the Indian
Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, namely: –
Short Title and Commencement: (i) These Regulations may be called the Indian Medical Council
(Professional conduct, Etiquette and Ethics) (Amendment) Regulations, 2003.
(ii) They shall come into force on the date of their publication in the Official Gazette.
(2) In the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002, the
regulations, 7.23 and 7.24 appearing under Chapter 7, shall be omitted.
(Published in Part III, Section 4 of the Gazette of India, Extraordinary dated 27th May, 2 004)
MEDICAL COUNCIL OF INDIA
NOTIFICATION
New Delhi, dated 11th March, 2002
No. MCI-211(2)/2004-(Ethical). – 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 amendments to the
Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002, namely: –
(1) Short Title and Commencement: (i) These Regulations may be called the Indian Medical Council
(Professional conduct, Etiquette and Ethics) (Amendment) Regulations, 2004.
(2) In the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002, after
the regulation 8.6 appearing under Chapter 8, the following regulations, shall be added:
“8.7 Where either on a request or otherwise the Medical Council of India is informed that any
complaint against a delinquent physician has not been decid ed by a State Medical Council within a
period of six months from the date of receipt of complaint by it and further the MCI has reason to
believe that there is no justified reason for not deciding the complaint within the said prescribed
period, the Medical Council of India may-
(i) Impress upon the concerned State Medical council to conclude and decide the complaint within a
time bound schedule;
(ii) May decide to withdraw the said complaint pending with the concerned State Medical Council
straightaway or after the expiry of the period which had been stipulated by the MCI in accordance with
para(i) above, to itself and refer the same to the Ethical Committee of the Council for its expeditious
disposal in a period of not more than six months from the receip t of the complaint in the office of the
Medical Council of India.”
“8.8 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 o f 60 days from
the date of receipt of the order passed by the said Medical Council:
Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from
presenting the appeal within the aforesaid period of 60 days, allo w it to be presented within a further
period of 60 days.
MEDICAL COUNCIL OF INDIA
AMENDMENT NOTIFICATION
New Delhi, the 10th December, 2009
No.MCI-211(1)/2009(Ethics)/55667 – 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, 2009 – Part-I”.
(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/modifications/deletions/ substitutions, shall be, as indicated therein: –
3 The following clause shall be added after clause 6.7: –
“6.8 Code of conduct for doctors and professional association of doctors in their relationship
with pharmaceutical and allied health sector industry.
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 health care
industry and their sales people or representatives.
b) Travel facilities: A medical practitioner shall not accept a ny travel facility inside the country or
outside, including rail, 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.
c) Hospitality: A medical practitioner shall not accept individually any hospitality like hotel
accommodation for self and family members under any pretext.
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 approv ed
institutions by modalities laid down by law / rules / guidelines adopted by such approved institutions,
in a transparent manner. It shall always be fully disclosed.
e) Medical Research: A medical practitioner may carry out, participate in, work in rese arch projects
funded by pharmaceutical and allied healthcare industries. A medical practitioner is obliged to know
that the fulfillment of the following items (i) to (vii) will be an imperative for undertaking any research
assignment / project funded by in dustry – 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 p roject(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 document / agreement for any such assignment.
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 / h er
own professional autonomy and / or with the autonomy and freedom of the medical institution.
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.
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”.
(Lt. Col. (Retd.) Dr. A.R.N. Setalvad)
Secretary
Medical Council of India
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 notificatio n dated 22/02/2003 & 26/05/2004.
Click here to view / read this Regulation

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