New Delhi: The Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) and State Medical Councils are empowered to take disciplinary action against doctors who fail to prescribe generic medicines, Union Minister of State for Health Anupriya Patel recently informed the Lok Sabha.
Responding to a question raised by MP Babu Singh Kushwaha, the Minister confirmed that Clause 1.5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 requires doctors to write the generic names of drugs legibly and preferably in capital letters to ensure rational use of medicines.
Kushwaha had questioned the government regarding doctors’ continued preference for branded medicines over generics, which often forces patients to buy more expensive drugs, and asked about steps being taken to address the issue.
In her reply, MoS Patel emphasized that the NMC Act, 2019, empowers the EMRB and respective State Medical Councils to initiate disciplinary proceedings against violators. She added that states have been advised to ensure compliance by conducting regular prescription audits in public health facilities.
Additionally, the Directorate General of Health Services (DGHS) has directed all Central Government hospitals and CGHS Wellness Centres to prescribe only generic medicines.
Past and Present Regulatory Framework
The NMC’s RMP Regulations 2023 had made it mandatory for all Registered Medical Practitioners (RMPs) to prescribe only generic medicines. Section 8 under Chapter 1 of the guidelines states:
“Every RMP should prescribe drugs using generic names written legibly and prescribe drugs rationally, avoiding unnecessary medications and irrational fixed-dose combination tablets.”
The regulations also clarified that prescriptions should contain only non-proprietary/pharmacological names, with violations punishable by up to 30 days’ suspension of medical license.
However, these regulations faced widespread resistance from the medical fraternity, citing practical challenges, especially in multi-ingredient formulations. Subsequently, the Health Ministry put the guidelines on hold and asked the NMC to reconsider and revise the rules.
No Centralised Data on Disciplinary Action
While enforcement provisions exist, no centralised data is currently maintained by the Union Health Ministry regarding disciplinary actions taken against doctors for failing to comply with generic prescribing norms.
The Way Forward
As the push for affordable healthcare gains momentum, the government continues to advocate for generic prescriptions to reduce out-of-pocket expenses for patients. However, the implementation and practicality of such regulations remain a point of contention, with calls for balanced and realistic guidelines that maintain quality, safety, and flexibility in medical practice.
