IMA Udupi to Protest Against NMC Bill on Nov 16
Udupi: As a nation-wide call, the Indian Medical Association (IMA) Udupi district will stage protests against the proposed National Medical Commission (NMC) Bill which seeks to replace the Medical Council of India, on November 16 said Dr Y Sudharshan vice president IMA Udupi. He was speaking at a pressmeet held at the press club here on Monday, November 14.
IMA and various other organisations had given a call for Satyagraha last year on the same day. After the government promised to look into our demands, the Sathyagraha was postponed. Since there is no positive response from the central government to various demands, the Indian Medical Association (HQS) New Delhi has decided to observe a national protest day and Satyagraha on 16 November 2016 to draw the attention of the central government on the issues like the increase in atrocities against the medical professionals across the nation and other various demands of the Indian medical association.
Indian Medical Association is deeply concerned about the increasing incidences of attacks on doctors and clinical establishments across the country every day even on very flimsy grounds. Even at times of wars hospitals, doctors and paramedics have immunity against attacks. But now we find that even on flimsy grounds, the anti-social elements who have grudge against any hospital take advantage of certain situations to seek vengeance, perpetuating vandalism. This cannot be allowed in a civilised society. For the sake of public health and to uphold human rights IMA urges the government to enact a law to protect the helpless patients, medical and para-medical staff and clinical establishments. IMA has also observed that in spite of the state legislations or because the act is not effectively implemented violence against clinical establishments and doctors are taking place in increasing numbers across the country including the rural areas. So IMA requests the Union Government to enact a common act to protect clinical establishments from vandalism and also demands that changes be made in IPC and CrPC similar to changes made to prevent crime against women in the larger interest of the public for the fearless practice of medical sciences to save the sick of the country.
The proposed NMC Bill is undemocratic, unrepresentative of medical fraternity and intends to usurp everything related to medical profession, subverting the self-regulatory status provided to medical profession by the laws of our country, as in many other countries
Problems in MCI are not due to the structure of the MCI, but due to its functions, which have been continuously interfered with over the past 3 decades. The very forces that misused MCI to serve their own interests are now taking the next step of totally destroying MCI to further their own interests.
Whatever the shortcomings of MCI must be tackled by medical professionals alone. MCI is of the doctors, by the doctors and for the doctors and it must remain so. We shall clean up MCI and not let the forces that dirtied MCI to now destroy it in the guise of cleansing it.
Whatever changes are to be made can be made by making simple amendments to the existing IMC Act, as suggested below. Some of the proposals of NMC Bill have been incorporated by way of these amendments.
MCI must be full of elected medical professionals and only a handful of nominated members. All the elections must be by physical ballot, as suggested below.
Recently the Supreme Court of India awarded an amount of Rs Eleven Crore as compensation for medical negligence in a case. This judgment has caused a sense of panic among the medical professionals in our country. Subsequently, in three more cases, the compensation awarded has been more than a crore. It has already resulted in a huge increase in the number of cases filed as well as a significant increase in the premiums paid to insurance companies. In this regard, to safeguard the interest of the people at large and to avoid unnecessary litigations and to save the precious time of courts as well as medical practitioners, IMA suggests the following provisions in the current consumer protection act.
1. Amendments to the present consumer protection act to cap the maximum allowable compensation in any case of medical negligence
2. Mandatory screening of cases of medical negligence, before the case is admitted in the consumer court.
3. Mandatory provision of seeking expert medical opinion by the court before giving a verdict on the technical issues.
4. Provision of penalty (to the Doctor/hospital) to be proportionate to the amount of compensation claimed.
5. Compensation should only be decided on the cost of the treatment.
6. Provision of Healthcare Arbitrator for medical professional and patients to submit disputes over alleged malpractice to a third party other than a court. This will help compensate victims faster, more equitably, and with lower transaction costs.
7. Judicial audits of the lower courts to assess fairness and judicious application of mind by the lower court.
8. As many other professions are out of the ambit of the consumer court (Legal), medical services should also be excluded from the consumer courts.
PNDT act 1994 and PCPNDT 2003, banned preconception and pre-natal sex determination. Its intent was to curb the actual act of sex selection and female foeticide by regulating the use of ultrasound technology. However, despite the Act having been in existence for over 20 years, the altered sex ratio in India has not changed. Instead, Doctors and other medical professionals are being put to extreme hardship while performing routine and essential scans. Due to this, many qualified doctors are opting not to do PNDT scans, thus creating a shortage of experts trained in ultrasonography. IMA demands the following amendments:
1) The Act is to be directed only towards Obstetric Ultrasound and not any other applications of ultrasonography.
2) The word “Offence” under this act has to be clearly defined. The word Offence should only mean the “actual act of sex determination or female feticide”.
3) All other clerical/administrative errors should be classified as non-compliance (and not an offence). Strict penalties can only be imposed for the actual act of sex determination or female feticide and not for other errors. There is a need to redefine “what amounts to sex determination” as mere evidence of clerical error does not amount to sex determination.“Imprisonment” rules should be for the offence (of sex determination or female feticide) & not for non-compliance.
4) Inspections should be conducted yearly instead of every 90 days. No NGO can conduct “raids” on doctors’ premises and there should be no impediment to doctors doing their practice during inspections.
5) Ultrasonologists should not be restricted to working in only two centers.
6) The doctors should have the right to report on those seeking sex determinations and action must be initiated against them immediately.
There are different health care delivery system – Indian Medical council Act for Modern system of medicine. Indian Medicine Central Council Act 1970 for the Indian System of Medicine. The Homeopathic medical council Act was framed for the Homeopathic system of medicine. Different qualifications were fixed for the practice of the different systems of medicine. Supreme Court of India categorically held that only persons holding the requisite qualifications prescribed by the respective medical councils and holding registration with the respective medical councils alone will be entitled to practice the respective systems of medicine. The permitting of practice of modern medicine directly and indirectly to persons who has not qualified the standards of the Indian Medical Council under the Indian Medical Council Act will result in a heavy miscarriage of public health causing dangers to the life of the general public in India.
Therefore IMA demands that state governments are directed not to issue Order/ Circular of permitting the practitioners of Indian System of Medicine to Practice modern System of medicine.
Indian Medical Association has represented to the Health Minister, Law Minister and Consumer affairs minister on various professional issues on multiple occasions since January 2015. IMA officials did meet health minister and law minister when invited to discuss some of these issues, at least 3 to 4 times. Both the ministers acknowledged that our demands are right but no action has been taken so far on these issues. Hence Indian Medical Association has taken the decision to observe nationwide protest and satyagraha on 16th November 2016 to show our solidarity to achieve this goal.
As a part of the this IMA Udupi Karavali branch, IMA Karkala branch and IMA kundapu branch has planned to closed down the outpatient services in all private hospitals and clinics on November 16 and also members will observe a silent protest near DC office Manipal from 11.00am to 1.00 pm later a memorandum will be submitted to the District commissioner Udupi. Emergency services will run as usual.
IMA Udupi Karavali branch office bearers Dr P V Bhandary, Dr Ashok Kumar and Dr Muralidhar Patil were present in the press meet.
