New Delhi : The National Medical Commission (NMC) has put its Registered Medical Practitioner (Professional conduct) Regulations, 2023” which was notified on August 2, 2023 to regulate the professional conduct of doctors in abeyance by a notification issued on August 23, 2023. The deferring of the regulations by NMC is the result of massive protest by the medical fraternity across India. The Indian Medical Association (IMA) spearheaded the protest of the doctors. Also, the Indian Pharmaceutical Alliance (IPA) an umbrella organization of the pharmaceutical sector in India opposed the regulations and was specifically against the provision which said that the doctors should prescribe generic drugs only and also against the provision which barred the doctors from participating in events sponsored by the pharmaceutical companies.
The regulations were contested by the IMA & IPA before the Union health minister Mansukh Mandaviya in the presence of the officials of the health ministry and the officials of NMC. According to sources the NMC was asked to explain the rationale behind the contentious provisions followed by the counter arguments from the representatives of IMA and IPA. After hearing both the sides the health ministry concluded that the new regulations cannot be implemented in the present form and hence put on hold the entire regulation. Clause 3 of the new notification said “ That National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023, are hereby held in abeyance with immediate effect.” Clause 4 of the new notification further said “ That for removal of doubts, it is clarified that the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023, shall not be operative and effective till further Gazette Notification on the subject by the National Medical Commission.”
Also the health ministry was of the view that the NMC make necessary changes in the regulations so as to remove issues that were contentious and impractical in the day to day working of doctors. Till the amended version of the regulations is notified by the NMC, the new notification said that the professional conduct and rules will be governed by the previous regulations that have been implemented since 2002. Clause 5 of the new notification said “That the National Medical Commission hereby adopts and makes effective with immediate effect the “Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002”, as if the same have been made by the Commission by virtue of the powers vested under the National Medical Commission Act, 2019 (Act No. 30 of 2019)”.