India is in transition phase moving from an under-developed country to developed country. It has led to the government tightening and ensuring that various sectors comply as per the acts governing those sectors. Healthcare sector is also facing tremendous heat on the compliance issue from various government agencies. It is appropriate time for the medical fraternity to wake up and start performing their professional duties within the parameters define by the law. Overlooking the law for one’s own convenience will have serious repercussions for the medical fraternity.
The Income Tax search and seizure operation of Micro Labs has opened a cane of worms in the healthcare sector. The health minister has ordered the Ethics Committee of National Medical Commission to probe into the nexus of pharma companies and medical practitioners and doctors that have ensuing undue promotion and prescription of select medicines. Doctors are under the scanner by the Ethics committee that have failed to comply with Clause – 1.5 of Chapter 1-B-Duties and responsibilities of the Physician in general of “Indian Medical Council (Professional Conduct, Etiquette and Ethics) (Amendment) Regulations, 2016 – Part – I”. The said clause states “Every physician should prescribe drugs with generic names legibly and preferably in capital letters and he/she shall ensure that there is a rational prescription and use of drugs”. Effectively scores of doctors have not complied with this clause which mandates the physician to write generic name of the medicine. Prescribing branded medicine is the violation of the above clause which will invite disciplinary action against these doctors.
The above episode is a wake-up call for the entire healthcare industry and the healthcare industry should start fine tuning their professional acts so as to ensure that they are legally compliant. Lapses on the compliance by the healthcare sector will lead to serious legal issues to healthcare professionals and doctors in the future.
R J Singh
Advocate, Mumbai High Court