The NMC’s gazette notification titled “Registration of Medical Practitioner and License to Practice Medicine Regulations, 2023,” has serious deficiencies that have to be cured by the NMC.
Definition of Registered Medical Practitioner (RMP) missing
In Chapter I clause (2) definitions of terms used in the notification are defined and which include Foreign Medical Graduate, Additional Qualifications, Indian Medical Register and other terms. Unfortunately the term “ Registered Medical Practitioner(RMP)” which is the soul of the notification is missing. The notification fails to define as to who are “Registered Medical Practitioner” who need to register in the National Medical Register (NMR).
EMRB Web Portal to register RMP missing
In Chapter III clause 6(a) of the notification it is said that the RMP has to apply in the web portal of the Ethics and Medical Registration Board (EMRB) of NMC. The notification has failed to notify the web portal in which the RMP have to apply for registering in NMR.
Implication of professional misconduct of an RMP on NMR
When a complaint of professional misconduct is lodged against the RMP in State Medical Council, as per the NMC Act the State Medical Council has to conduct an enquiry to verify the facts of the complaint. If the State Medical Council outcome is against the RMP, the RMP is punished for the same. The notification fails to state that what will be the implication to the NMR when an RMP is punished by the State Medical Council.
Remedy for failure to grant license to RMP by the State Medical Council within prescribed period of 30 days not stated
In Chapter III clause 6(c) of the notification it says that the State Medical Council after satisfying themselves with the application and grant license to practice in the State within a period of 30 days. In case the State Medical Council fails to grant/reject the application of the RMP then the remedy in such a case has not been clarified in the notification. Whether the failure of the State Medical Council within 30 days of application will be considered deem approval or appeal has to be made with NMC or any other remedy has to be sought.
Khalil Girkar
Advocate, Mumbai High Court