NEW DELHI: In a move that could bring relief to patients seeking action against erring doctors, the centre has proposed to amend the National Medical Commission (NMC) Act 2019. If approved, the amendment would allow patients and their relatives to approach the Ethics and Medical Registration Board (EMRB) or the NMC against the decision of the State Medical Council in complaints related to medical negligence.
Till now, appeals of only doctors who were found guilty of medical negligence by the EMRB were taken up by the NMC and would overlook similar claims made by patients or their families. This was despite a Supreme Court ruling favouring patients’ appeals.
According to the public notice issued by the Union Health Ministry, an amendment has been proposed to the existing National Medical Commission (NMC) Act, 2019. The Ministry has sought suggestions and comments from the public and stakeholders on the draft amendment bill.
The proposal said, "to provide provision for patients/their relatives/complainant to prefer an appeal in the Ethics and Medical Registration Board/National Medical Commission against the decision/action of the State Medical Council in complaints related to medical negligence/professional misconduct." The suggestions/comments/objections may be forwarded within 30 days from the date of issue of this notice, it said.
Welcoming the decision of the union health ministry, Kerala-based RTI activist Dr K V Babu, an ophthalmologist, said, "it has been a longstanding request of patients' rights groups and activists."
"The decision of the government of India to amend the NMC Act 2019 to include the right to appeal by patients is welcome. Already 65 appeals were rejected by the EMRB, and after the amendments, those appeals also should be heard by the board," Dr Babu told TNIE.
Babu said he had been filing complaints with the health ministry since March 2022 regarding denying the right to file appeals by patients and their relatives.
"I had filed RTIs to know the status of my complaints also. This move (amendment) could be due to the consistent manner RTI was being filed and questions being raised as to why patients and their relatives cannot appeal against erring doctors." This was despite the Supreme Court stipulating in its 2003 order that patients have the right to appeal.
According to the NMC Act 2019, medical professionals can appeal against decisions of State Medical Councils (SMC) under Section 30(3) if they are held guilty of medical negligence. If the EMRB, which regulates professional conduct and promotes medical ethics in the country, finds their act punishable, medical practitioners can make a second appeal under 30 (4) of the NMC Act.
In the same notice, the ministry has also proposed to set up a fifth autonomous board, the Board of Examinations in Medical Sciences, under NMC. The board would be set up to conduct the National Exit Test (NExT)– a two-part-time exam which would act as a qualifying exam to grant registration to doctors.
The exam will also help in getting admission to postgraduate students. Currently, the National Board of Examinations (NBE) conducts entrance tests for all post-graduation and super-speciality courses and foreign medical graduates in the country.