[19th
September 2023] exercise of overall powers
conferred by the National Medical Commission Act, 2019 and particularly by
sections 10, 24, 25 and 57 of the said Act, National Medical Commission makes
the following Regulations to ensure smooth compliance with its functions in
general and particularly to maintain a high quality and high standards in
medical education. CHAPTER 1 PRELIMINARY These Regulations may be
called the "Maintenance of Standards of Medical Education Regulations,
2023". In short, these regulations will be called MSMER-2023. These Regulations shall come
into force from the date of their publication in the official gazette. In these Regulations, unless
the context otherwise requires the terms defined herein shall bear the meaning
assigned to them below and their cognate expressions and variations shall be
construed accordingly - (a)
"Act" shall mean National Medical
Commission Act, 2019 [Act No. 30 of 2019]. (b)
"Commission" shall mean the
National Medical Commission duly established under Section 3 of the National
Medical Commission Act, 2019. (c)
"Evaluation" shall mean the
expression or activity of Evaluation/inspection which shall include virtual
and/or physical inspection. (d)
"MARB" shall mean the Medical
Assessment and Rating Board constituted under Section 16 of the National
Medical Commission Act, 2019. (e)
"Medical College or Medical Institution"
- unless the context otherwise requires, shall mean any college or by whatever
name called, in which a person may undergo a course of study or training which
will qualify him for the award of any recognized graduate or post-graduate
medical qualification. (f)
"MSR" shall mean the Minimum
Standards Requirements as notified by the Post Graduate Medical Education Board
or Under Graduate Medical Education Board as such or by way of guidelines and
which shall also include, explanatory notes, circulars, advisories, etc.,
issued from time to time. (g)
"PGMEB" - refers to Post Graduate
Medical Education Board constituted under Section 16 of the National Medical
Commission Act, 2019. (h)
"UGMEB"- refers to Undergraduate
Medical Education Board constituted under Section 16 of the National Medical
Commission Act, 2019. (i)
"EMRB"- refers to Ethics and
Medical Registration Board constituted under Section 16 of the National Medical
Commission Act, 2019. (1)
After its establishment, the medical college
or medical institution is obligated to furnish an Annual Disclosure Report to
the corresponding Board, satisfying such conditions provided under the notified
MSRs by UGMEB or PGMEB and regulations of NMC, as the case may be. (2)
Without prejudice to anything stated above,
the concerned Board may seek such additional information with regard to the
Annual Disclosure Report, as and when deemed necessary for their assessment and
otherwise from the concerned medical institution or concerned agencies having
or exercising control over that medical college or medical institution. (3)
It shall be the duty of the medical college
or medical institution or the concerned agency or agencies exercising control
over such medical college or medical institution to furnish the information
(including additional information) to the concerned Board in the prescribed
mode. (1)
Keeping in mind the overall objectives of the
Act, the respective Board (PGMEB or UGMEB) may undertake the evaluation of the
Annual Disclosure Report for verifying whether the medical college or medical
institution fulfils the required conditions prescribed by way of MSRs or NMC
Regulations as the case may be, which shall include - (i)
verification of physical infrastructure; (ii)
availability of required number of qualified
faculty for actual teaching and research and to undertake necessary student
learning activities on a regular and continued basis; (iii)
availability of adequate clinical material in
terms of number of patients of different specialties, variety of patients to
fulfil all round training of students, number of variety of procedures,
surgeries, laboratory investigations, radiological investigations and other
relevant investigations; (iv)
assessment of the teaching methodology
adopted; (v)
the methods and modes of assessment, grading
of the students; (vi)
review of feedback from students; (vii)
other parameters related to standards of
medical education that may be added from time to time by the respective boards
or NMC. (2)
Without prejudice to (1) above or elsewhere
in these Regulations, at its sole discretion, the respective Board may seek any
additional information or clarification or additional documents etc., from the
medical college or medical institution while considering the Annual Disclosure
Report referred above. (3)
The Medical College shall furnish such
information or clarification or additional documents, etc., sought under
sub-section (2) above at the earliest but not later than 30 days from the date
of receipt of communication from the respective Board or such additional time
to be provided by the respective Board on specific request from the applicant
in that regard. Provided, the medical college or medical institution shall
adhere to the prescribed format or pro-forma, while furnishing of information
or clarification or additional documents etc., as required by the concerned
Board. (4)
If the applicant fails to submit such
information or clarify or provide additional documents etc., as mandated by the
respective Board within such prescribed time including any additional time
provided by the respective Board, shall be deemed as non-compliance with the
Regulations and shall attract penalty. (1)
Notwithstanding anything stated elsewhere in
these Regulations, any of the Board (other than corresponding Board)
individually or collectively, may cause to evaluate the accuracy and/or truth
and/or veracity of the averments made out in the Annual Disclosure Report from
the medical college or medical institution. (2)
When such evaluation as enumerated under
sub-section (1) is undertaken, it shall be the duty of the concerned medical
college or medical institution to provide all necessary support to the
concerned Board or Boards as the case may be, in their course of evaluation,
which shall also include disclosure of documents, providing additional evidence
as the case may be, providing oral statements etc. (3)
Without prejudice to anything stated above,
the concerned Board or Boards conducting evaluation under this provision, shall
mandatorily share such conduct of an evaluation and its outcome to other Boards
and NMC at the earliest but not exceeding seven days. (4)
After such inspection under this Regulation,
if the concerned Board or Boards contemplate any remedial measure or action
etc., such measure or action shall be intimated to the medical college or
medical institution, through the concerned Board (UGMEB or PGMEB). Provided it
shall be the administrative responsibility of the concerned Board to oversee
that such measure or action intimated are duly complied with by the medical
college or medical institution. (1)
If the medical college or medical institution
is found to be successfully meeting requirements as prescribed for the UGMEB or
PGMEB as the case may be, the concerned Board shall provide a renewal
certificate for continuation of the course/s and admission of students thereof
for the next/ coming Academic Year. (2)
Any deficiency noted will attract penalties
with or without the decision above. CHAPTER 3 PENALTIES (1)
Where the respective Board has reason to
believe that a medical institution has failed to comply with any statutory
provision, regulations framed thereunder or has not complied with the Minimum
Standards of Requirements as prescribed by their respective Boards, or has
conducted themselves in any manner which is not in accordance with the goals of
medical education and practice, the Board shall either penalize the medical
college or medical institution and /or conduct further enquiry into such act
and wherever needed provide an opportunity to rectify the same. (2)
Without prejudice to anything stated at
Section 8.1 above, the imposition of the penalty may include one/more/ all of
the following - (a)
Issuance of warning with direction to
rectify/comply, as the case may be, by the medical institution; (b)
Monetary penalty not exceeding INR one crore
per violation or act of omission by the medical institution; (c)
Monetary penalty not exceeding Rupees five
lakh for the faculty/Head of the Department (HoD)/ Dean/Director/doctor
submitting false declaration/documents/records (including patients records). Further, they can also be
charged or penalized for misconduct under the Registered Medical Practitioner
(Professional Conduct) Regulations in vogue. (d)
Withholding the accreditation process; (e)
recommending to MARB for withholding
processing of application(s) for any new course including increase of seats in
the existing course for that academic year or for such number of years. (f)
Reducing the number of students in the next
or subsequent academic years to be admitted by the medical institution; (g)
Stoppage of admission to one or more of the
courses in the next or subsequent academic years. (h)
Recommending to NMC for withdrawal of
permission; (i)
Withholding and withdrawal of accreditation
for a period up to five academic years. (j)
Any attempt to pressurize UGMEB, PGMEB or NMC
through individuals or agency will lead to immediate halt of the processing of
all applications/requests by the medical institution. Provided that the medical
institution, may be granted a reasonable opportunity to rectify the
deficiencies and any further action shall be taken if it fails to meet the
requisite norms. Provided further that, the
UGMEB, PGMEB or the NMC may also initiate criminal proceedings for furnishing
false information, or fabrication of false documents as per the criminal law in
force at that time. CHAPTER 4 APPEALS A medical college or medical
institution or any such aggrieved person may file an appeal before the
Commission with an appropriate fee as specified against any order. Provided, such an appeal is
filed within sixty days of passing of such an order or lapse of time, as the
case may be. Where an applicant/ medical
college or medical institution is aggrieved by the decision of the Commission
or where the Commission fails to give its decision within forty-five days from
the date of receipt of such an appeal, a second appeal may be filed before the
Central Government within thirty days from the date of such order or lapse of
time, as the case may be. The decision of the Central
Government in this regard shall be final.Maintenance
Of Standards Of Medical Education Regulations, 2023