National Commission For Indian System Of Medicine (Ethics And Registration) Regulations, 2023

 

[28th December 2023]

In exercise of the powers conferred by sub-section (1) and clauses (e), (f), (v), (ze), (zf), (zh), (zi), (zj) (zk), (zn), (zo), (zp), (zq) of sub-section (2) of section 55 of the National Commission for Indian System of Medicine Act, 2020 (14 of 2020), ) and in supersession of the Practitioners of Indian Medicine (Standards of Professional Conduct, Etiquette and Code of Ethics) Regulations, 1982, except as respects thing done or omitted to be done before such supersession, the National Commission of Indian System of Medicine hereby makes the following regulations, namely:--

CHAPTER 1 PRELIMINARY

Regulation - 1. Short title and commencement

(1)     These regulations may be called the National Commission for Indian System of Medicine (Ethics and Registration) Regulations, 2023.

(2)     They shall come into force from the date of their publication in the Official Gazette.

Regulation - 2. Definitions

(1)     In these regulations, unless the context otherwise requires. -

(a)      "Act" means the National Commission for Indian System of Medicine Act, 2020 (14 of 2020);

(b)      "Ashtang Ayurveda" means an Indian System of Medicine having eight main branches of Ayurved, namely, Kayachikitsa (General or Internal Medicine), Shalya Tantra (Surgery), Shalakya Tantra (Ophthalmology, Oto-Rhino-Laryngology and Oro-Dentistry), Kaumarabhritya (Obstetrics, Gynecology and Pediatrics), Agada Tantra (Clinical Toxicology, Forensic Medicine and Medical Jurisprudence), Bhuta Vidya (Clinical Microbiology and Virology, Clinical Psychology and Psychiatry), Rasayana (Preventive, Promotive, Rejuvenative Medicine and Gerontology) and Vajikarana (Reproductive Medicine and Epigenetics) supplemented by such modern advances, scientific and technological development in various branches of science like Physics, Chemistry, Biology and any such other sciences applicable to medical field from time to time;

(c)      "Board" means the Board of Ethics and Registration for Indian System of Medicine constituted under clause (d) of sub-section (1) of section 18 of the Act;

(d)      "Continuous Medical Education credit points" means credit points allocated by the Board to Practitioners for attending Continuous Medical Education Programs including Conferences, Seminars, Workshops, Hands on Training or Publication in peer reviewed journals indexed in Scopus and web of science or a registered patent in their name with relation to subjects related to Indian System of Medicine or with respect to subjects pre- approved by the Commission, Board and State Councils as the case may be from time to time and attending any such program that is, pre-approved by the Commission, Board and the State Council as the case may be from time to time;

(e)      "clinical establishment" shall have the meaning assigned to it in clause (c) of section 2 of the Clinical Establishments (Registration and Regulation) Act, 2010 (23 of 2010);

(f)       "Form" means form annexed to these regulations;

(g)      "Minimum Standards of Education" means Minimum Standards of Education as notified by the National Commission for Indian System of Medicine;

(h)     "Minimum Standards of Requirement" means Minimum Standards of Requirement as notified by the National Commission for Indian System of Medicine;

(i)       "patients representative" means a person who belongs to the patients family or who is a patients guardian or any such other person as authorised by a patient or his nearest relative under any such law which is for the time being in force, to protect the best interest of the patient in the medical system;

(j)       "practitioner" means a person who is the registered Medical Practitioner of Ayurved, Unani, Siddha, Sowa - Rigpa System of Medicine, registered under the State Register or National Register. Explanation. - The expressions such as "Legally Qualified Medical Practitioner", "Registered Medical Practitioner" or

"Duly Qualified Medical Practitioner" shall have the same meanings as practitioner under this regulation;

(k)      "Registrar" means the Registrar of the State Medical Council of all States and Union territories where the Act is applicable;

(l)       "Siddha" means an Indian System of Medicine which is a codified system of medicine having four domains namely Vaidhyam (Practice of medicine), Vatham (Alchemy-Conversion of base to noble things), Yogam (Union of body, mind and soul through Attanga Yogam (eight-fold practices), Gnanam (wisdom or enlightenment) and the Vaithyam further branches into Vinnavar Maruthuvam (Divine treatment), Maanida Maruthuvam (Rational Treatment) and Asura Maruthuvam (Surgical Treatment);

(m)    "Sowa-Rigpa" means an Indian System of Medicine that postulates a holistic approach to health care on the basis of harmony and understanding of human being and in relationship with the cosmos which is based on the theory of byung-ba lnga and Nyespa-sum and closely integrated with principle of Buddhist Philosophy and practice; and

(n)     "Unani" means an Indian System of Medicine that deals with the management of health and diseases and provides preventive, promotive, curative and rehabilitative health care with holistic approach using;

(i)       Ilaj-bil-Ghiza (Dieto-therapy);

(ii)      Ilaj-bit-tadbeer (Regimenal Therapy);

(iii)     Ilaj-bit-dawa (Pharmacotherapy);

(iv)    Ilaj-bil-Yad (Surgery); with various branches of specialties.

(2)     Words and expressions used in these regulations but not defined in these regulations shall have the same meanings as respectively assigned to them in the Act.

CHAPTER 2 Guidelines for Registration to State Register and National Register.

Regulation - 3. Guidelines

(1)     The persons who qualify National Exit Test as held under section 15 of the Act shall be eligible to register in the State Register and National Register:

Provided that disqualification from the State Register and National Register shall not deprive such person to use his qualification for purposes other than specified in these regulations.

(2)     The Board shall maintain a National Register as specified in section 32 of the Act, which shall be maintained on digital platform that is linked with the State Register and shall contain such information as is uploaded by the State Register on a real time basis, in accordance with the provisions of this Chapter.

(3)     The Board shall maintain a National Register in Form-A and every State Medical Council shall maintain a State Register in Form - B.

(4)     A different National registration number other than the one granted by the State Medical Council as reflected in the State Register, shall be granted to the practitioner whose name is included in the National Register.

Regulation - 4. Further Particulars to be included in the State Register and National Register

The register prepared and maintained under the Act shall include -

(i)       the particulars as are mentioned in Form - C along with Aadhaar details;

(ii)      date of renewal of registration of the practitioner;

(iii)     if any disciplinary action is taken by the State Medical Council against the practitioner, the particulars of such action;

(iv)    if the name of the practitioner was removed from the Register to and subsequently re-entered therein, the date on which the name was so removed and re-entered;

(v)      Certificate of cancellation if the practitioner registered in one State applies for permanent registration in another State.

Regulation - 5. Application for registration

(1)     Every person, subject to his eligibility as per section 35 or section 36 of the Act or the Second Schedule, Third Schedule or Fourth Schedule to the Indian Medicine Central Council Act, 1970 (48 of 1970), desiring to have his name enrolled in the State Register shall apply to State Medical Council by filling Form laid down by it, and any such Form shall include the particulars mentioned in Form - C, in addition to other such particulars as laid down by the State Medical Council.

(2)     The state medical council shall create a mechanism to ensure that such form is made available on the internet platform, or any other platform as laid down by the board and ensure that the form can be filled and submitted on the internet platform or any other platform, as laid down by the board on a real time basis.

(3)     Every application made under these regulations shall be accompanied by registration fee as determined by the state medical council or by the board, as the case may be.

(4)     Every application made under these regulations shall be accompanied by the list of certificates as specified in FORM - C:

Provided that the Board shall register such person residing in a State or Union territory, where the State Medical Council for Ayurveda or Unani or Siddha or Sowa-Rigpa is not constituted.

Regulation - 6. Certificates of registration, provisional and temporary registration

(1)     The certificates of registration, provisional registration and temporary registration shall be granted by the State Medical Council or Board, as the case may be, as per the Form and mechanism as laid down by the State Medical Council or Board and State Medical Council may charge three thousand rupees for provisional registration, five thousand for permanent registration and three thousand rupees for addition of additional qualification, further for any other type of registrations State Medical Council or Board may decide accordingly:

Provided that a person who is eligible to start internship shall register himself provisionally in the respective State Register and this provisional registration shall be coterminous with and shall expire on the completion of internship.

(2)     The format language, style and seal of registration certificate shall be approved by the Board and the State Registration Certificate shall be both in the official or regional language of the State and in English, with a logo of the State Government.

(3)     The certificates of registration, provisional and temporary registration certificate granted by State Medical Council shall be reflected in the State Register as well as in the National Register.

(4)     The National Registration Certificate shall be both in Hindi and in English with a logo of the Commission and Government of India as approved by the Board.

(5)     The Board shall undertake all the necessary measures to prevent the piracy and duplication of the National Registration Certificate and the State Registration Certificate including measures such as usage of special seals or barcode of any such measure to make the Certificate unique and non-replicable.

Regulation - 7. Renewal of name from State Register

(1)     The State Medical Council shall provide for the mechanism of renewal of the names from the State Register and that the State Medical Council shall create a mechanism to ensure that every single renewal is communicated to the Board on a real time basis in specified format or other mode, laid down by the Board.

(2)     The registration number and name approved for renewal shall bear a separate identifiable sign along with its entry in the registration register of State and Board.

(3)     Every name registered in the State Register may be renewed for a further period of five years on payment of renewal fee as decided by the State Medical Council.

(4)     Every practitioner who has completed seventy years of age shall produce a life certificate every year, for the renewal of his name in the State Register, within two months of his completing seventy years of age and upon failure to do so the State Medical Council shall send a notice to such person demanding the renewal of his name in the State Register granting him three month time to do so, failure of which shall result in removal of his name from the State Register.

(5)     The State Medical Council shall create an online and offline mechanism through which self-attested life certificates shall be submitted online, by the practitioners expeditiously, in the proforma as specified in FORM-D.

(6)     Every such person whose name is removed from the State Register shall have the right to appeal to the State Medical Council and produce the life certificate and the State Medical Council after the receipt of such life certificate shall re-enter such persons name in the State Register.

(7)     Practitioners above the age of seventy years shall be exempted to pay any renewal fee for registration.

(8)     A Practitioner shall not be eligible for the renewal of his registration unless he has secured not less than fifty credit points of Continuous Medical Education, within a period of five years before each renewal of his registration.

(9)     For the purposes of this Chapter, whenever a persons name is removed from the State Register or the National Register, the Registration Number or Identification Number, as the case may be, which is associated with such a person shall be suspended from the record.

(10)   The detailed process for renewal including the form of renewal applications shall be decided by the respective State Medical Councils.

Regulation - 8. Cancellation of suspension of registration

The State Medical Council shall create a mechanism for cancellation of suspension of registration and the Board shall be communicated of any such action of cancellation of suspension of registration on real time basis in the mode, manner to be categorically, specified by the Board.

Regulation - 9. Removal of name from the State Register

(1)     The State Medical Council shall provide for the mechanism of removal of the names from the State Register.

(2)     the state medical council shall create a mechanism to ensure that every single removal is communicated to the board on a real time basis in the specified format or other mode, laid down by the board.

(3)     the registration number and name approved for removal shall bear a separate identifiable sign along with its entry in the registration register of state and board.

Regulation - 10. Period of limitation for application for re-entering name in State Register

The period within which an application for re-entering the name removed from the State Register shall be the same as provided by the State Medical Councils, provided to the Board shall be communicated of any such action of re-entering the name in the real time basis in the mode, manner and language that is communicated by the board.

Regulation - 11. Reporting of disciplinary Action

A detailed report citing reasons of any disciplinary action taken by the State Medical Council, against the practitioner for the act of his professional misconduct, shall be provided to the Board by the State Medical Council on real time basis.

Regulation - 12. Prohibiting dual registration

(1)     No practitioner shall be allowed to enter his name in the State Register, if his name is already entered in another State Register.

(2)     Notwithstanding anything contained in sub-regulation (1), a practitioner may obtain a temporary registration certificate of one State along with a permanent registration of another State:

Provided that such temporary registration certificate shall be renewed every year till the completion of ten years, after which the said practitioner shall be entitled to hold registration of only one State.

Regulation - 13. State Medical Council to provide a list of names in State Register to National Register

(1)     The State Medical Council shall create a mechanism to ensure that every registration made in the State Register shall be forwarded to the National Register on a real time basis in the mode that is laid down in a standard operative procedure, created by the Commission or the Board in this regard.

(2)     The State Medical Council shall create digital platform or any other platform, as communicated by the Commission or the Board and ensure that such platform is linked and synchronised to any such national platform as created by the Commission or by the Board and the information that is entered into the State Medical councils portal is provided to the National Portal on a real time basis.

(3)     The State Medical Council shall also provide a physical copy of the State Register to the Board once in every six months.

Regulation - 14. Performance of functions of State Medical Council

(1)     The Registrar of a State Medical Council shall be responsible for performance of the functions of the State Medical Council as specified under these regulations and issn case of any failure or lapse in the discharge of these functions, the Registrar shall be held responsible for the same.

(2)     If the Board comes to the conclusion that a Registrar of a State Medical Council has lapsed and failed in the discharge of his duties, the Board shall recommend the competent authority to take a strict disciplinary action against such a Registrar.

Regulation - 15. Practice by foreign citizen or practice by Indian citizen for foreign qualification

(1)     Any foreign citizen possessing the recognised medical qualification of his country in Ayurveda or Unani or Siddha or Sowa-Rigpa System of medicine listed and recognised under the Fourth Schedule to the Indian Medicine Central Council Act, 1970 (48 of 1970) and section 36 of the National Commission for Indian System of Medicine Act, 2020 (14 of 2020), and is recognised as practitioner of Ayurveda or Unani or Siddha and Sowa-Rigpa system of Medicine in that country and recognised by the National Commission for Indian System of Medicine and desires license to practice Ayurveda or Unani or Siddha and Sowa-Rigpa in India, shall be required to obtain diplomatic permission for stay in India and shall be eligible for obtaining temporary registration:

Provided that in case of a foreign citizen who desires to pursue any additional qualification in Ayurveda or Unani or Siddha or Sowa-Rigpa recognised by the National Commission for Indian System of Medicine shall be eligible for obtaining the temporary registration for the period of his study.

(2)     Any foreign citizen referred to in sub-regulation (1) shall apply in Form-E to the State Medical Council for Indian system of Medicine or the National Commission for Indian System of Medicine, as the case may be, along with payment of the fee of ten thousand rupees.

(3)     A separate Register for them shall be maintained by the State Medical Council for Indian system of Medicine or the Board of Ethics and Registration for Indian System of Medicine, in Form-F.

(4)     Any person who is citizen of India and holding foreign qualification recognised by the National Commission for Indian System of Medicine and desires for the license to practice Ayurveda or Unani or Siddha and Sowa-Rigpa shall apply to the concerned State Medical Council for Indian System of Medicine:

Provided that the State Medical Council for Ayurveda or Unani or Siddha and Sowa-Rigpa or Board, shall before entering the name of such practitioner in their respective register, verify his qualification from the awarding authority and also verify his address and particulars.

(5)     Where a foreign practitioner of Ayurveda or Unani or Siddha and Sowa-Rigpa visits India for the purpose of healthcare service delivery, he may register themselves in the Healthcare Professional Registry under Ayushman Bharat Digital Mission, in order to maintain patient records and enhance the quality of care, in accordance with the policy, guidelines and notifications as may be issued by the National Health Authority or Board.

CHAPTER 3 Rights and Privileges of Practitioner

Regulation - 16. Right of practitioner to use certain titles or prefixes

It shall be lawful for every practitioner whose name is registered in the National Register and the State Register shall have right to use in full, with his name the titles or prefixes "Registered Medical Practitioner", "Vaidya" (Vd)", "Doctor" (Dr.)," "Hakim" or "Vaidyar" (Vd), or sMen-pa/Amchi, as the case maybe.

Regulation - 17. Right of practitioner to issue certain certificates and give evidence as a medical expert

(1)     Practitioner is allowed to sign or authenticate any medical certificate including but not limited to certificate on fitness (including physical and mental health certifications), disability, or any other certificate required to be signed or authenticated by a duly qualified medical practitioner;

(2)     The practitioner, shall have the right to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to Ashtang Ayurveda, Unani, Siddha and Sowa-Rigpa system of medicine.

Regulation - 18. Right of practitioner to certain appointments

(1)     Subject to sub-section (3) of section 34 of the Act, a practitioner shall be eligible to hold any appointment as a physician, surgeon, teacher, administrator, advisor, consultant, researcher or any medical officer, in any hospital, infirmary, lying-in-hospital or any institution imparting education of medicine, either the Central Government or the State Government controlled or private or supported by, or receiving a grant from the Central Government or the State Government or in any public establishment, body or institution dealing with medical practice.

(2)     A Practitioner shall have the right to be the owner of any of the establishments as mentioned in these regulations.

Regulation - 19. Right to practice Indian System of Medicine

(1)     The practitioner shall have the right to practice any such type of Medicine, to the extent of his qualification as is recognised under Chapter VI of the Act or to the extent of syllabus that is included in Minimum Standards of Education, Minimum Standards of Requirement or to the extent of his training other than to his qualification.

(2)     The practitioner shall have the right to use any such instruments either clinical, surgical, or of any other medical speciality for diagnoses, treatment, or mitigation of disease and such instruments used in any medical establishment as referred to in regulation 18, to the extent of his qualification as recognised in Chapter VI of the Act, or to the extent of syllabus that is included in Minimum Standards of Education, Minimum Standards of Requirement or to the extent of his training and skill other than his qualification.

(3)     The Practitioner shall have the right to advice, prescribe, or conduct any such medical procedure, surgery or advice, prescribe or conduct any such investigative test or procedure or give any such medical advice, to the extent to his qualification as recognised in Chapter VI of the Act, or to the extent of syllabus that is included in Minimum Standards of Education, Minimum Standards of Requirement or to the extent of his training other than his qualification.

(4)     The practitioner shall have the right to conduct any such emergency procedure or administer any such medicine to the patient at the time of emergency as part of his duty.

(5)     A practitioner shall have the right to practice telemedicine, and follow such guidelines, as laid down by the Commission.

(6)     The practitioner shall have the right to practice the procedures required to practice Ashtang Ayurveda supplemented with modern advancements as mentioned in Compendiums of Ayurveda.

(7)     This regulation shall not in any manner affect the existing rights and privileges of the practitioner provided by the concerned State Government and the Central Government.

CHAPTER 4 Standards of Professional Conduct, Etiquettes, and Code of Ethics

Regulation - 20. Standards of professional conduct

(1)     A practitioner shall uphold the dignity and honour of his profession.

(2)     The primary object of the medical profession is to render service towards the diseased and for those in dire need of medical help.

(3)     Whoever chooses this profession, pledges himself to the solemn duty to conduct himself in accordance with its greatest ideals.

(4)     A practitioner shall be a honorable person, instructed in the art of healings, shall have extensive theoretical knowledge, practical experience, deep knowledge of body-mind constitution and most importantly shall have a pure and infallible character.

(5)     A practitioner shall be diligent in caring for the sick, he shall be modest, sober, patient, immaculately clean, prompt in discharging his duties and shall be without anxiety, fear, greed, confusion, anger, and falsehood.

(6)     A practitioner shall be free from all kinds of immorality both in his personal and professional life.

(7)     No person other than a practitioner having the qualification as recognised under Chapter VI of the Act is allowed to practice the Indian System of Medicine, that is, Ashtang Ayurveda, Unani, Siddha and SowaRigpa.

(8)     The principal objective of the medical profession is to render service to humanity with full respect for the dignity of profession and people at large.

(9)     A practitioner shall gain the confidence of patients entrusted to their care, rendering to each a full measure of service and devotion and treat them as a member of their family.

(10)   A practitioner shall strive continuously to improve his medical knowledge and skills and shall make available to their patients the benefits of his professional attainments.

(11)   A practitioner shall practice methods of healing founded on the tradition of Indian Systems of Medicine on rational and scientific basis and shall not associate professionally with anyone who violates this principle.

(12)   The honoured ideals of the medical profession imply that the responsibilities of the practitioner extend not only towards the individuals but also towards society and the Nation at large.

(13)   It is duty of the practitioner to update and upgrade himself with the advanced knowledge pertaining to scientific and technological advances in various branches of sciences including Physics, Chemistry, Biology or any other sciences related to medical field.

(14)   In the interest of providing comprehensive health care services to the patients, a practitioner is duty bound to upgrade his knowledge by way of attending continuous medical education, workshops, hand on training, symposia, conferences, webinar, short courses including fellowships and other such programmes, affiliated to authentic bodies providing accreditation to such educational programs.

(15)   The practitioners shall have the right to acquire knowledge, upgrade skill and undertake capacity building by attending any such knowledge or skill building programmes that are organised or provided by any system of medicine for the holistic development of the medical profession at large as envisaged and stated in the National Health Policy, 2017.

Regulation - 21. Etiquettes and responsibilities of practitioner towards fellow practitioners

(1)     A practitioner shall consider it as a pleasure and privilege to render gratuitous service to all practitioners and their immediate family dependents.

(2)     In consultations, no insincerity, rivalry or envy shall be indulged in and all due respect shall be observed towards the practitioner in-charge of the case and no statement or remark be made, which would impair the confidence reposed in him.

(3)     If a practitioner has been called for consultation, the consultant shall normally not take charge of the case, especially on the solicitation of the patient or friends and the consultant shall not criticize the referring Practitioner.

(4)     The consultant shall discuss the diagnosis and treatment plan with the referring practitioner, whenever a practitioner requests another practitioner to attend his patients during his temporary absence from his practice, professional courtesy requires the acceptance of such appointment only when he has the capacity to discharge the additional responsibility along with his other duties.

(5)     The practitioner acting under such an appointment shall give the utmost consideration to the interests and reputation of the absent practitioner and all such patients shall be restored to the care of the latter upon his return.

(6)     It is the duty of a practitioner to see and report upon an illness or injury of a patient, he shall communicate to the practitioner in attendance so as to give him an option of being present.

(7)     The medical officer or practitioner occupying an official position shall avoid remarks upon the diagnosis or the treatment that has been adopted by the attending practitioner.

(8)     The practitioner shall have the right to seek holistic, comprehensive, professional assistance from exponents or registered medical Practitioners registered in any system of medicine in the larger interest of patient care during the course of their professional practice and for the holistic development of the medical profession as envisaged and stated in the National Health Policy, 2017.

Regulation - 22. Code of Ethics

(1)     A practitioner shall expose, without fear or favour, incompetent, corrupt, dishonest or unethical conduct on the part of members of the profession.

(2)     The practitioner shall ensure that he shall not employ or take services of unregistered practitioners, that is, those who are not registered in the State Register or the National Register of any system of medicine and shall ensure that reasonable due diligence is maintained to prevent the same.

(3)     A practitioner, engaged in the practice of medicine shall give priority to the interests of patients and the personal or financial interests of a practitioner shall not be in conflict with the medical interests of the patient and he shall disclose his fees before rendering service and not after and shall charge reasonable fees.

(4)     Every practitioner shall, as far as possible, prescribe drugs with generic names and he shall ensure that there is a rationale behind the prescription and use of drugs and the prescription written by him shall be legible to read or shall be typed.

(5)     It is not unethical for a practitioner to dispense drugs, remedies, or medical appliances unless there is no exploitation of the patient and drugs.

(6)     The drugs, remedies or medical appliances prescribed by a practitioner or which are to be bought from the market for a patient shall explicitly state the proprietary formulae as well as generic name of the contents and the expiry date.

(7)     The practitioner may dispense the drugs prepared by himself as per the traditional practices of preparation of such drugs.

(8)     Soliciting of patients directly or indirectly, by a practitioner, by a group of practitioners or by institutions or organisations is unethical.

(9)     A practitioner may apply patent trademark, Copyright, design for his product or process subject to the provisions of the Patent Act, 1970 (39 of 1970), the Trade Marks Act, 1999 (47 of 1999), the Copyright Act (14 of 1999) and the Designs Act, (16 of 2000).

(10)   It shall be unethical if the benefits of such patents or copyrights are not made available in situations where the interest of large population is involved.

(11)   (a) a Practitioner shall not give, solicit or receive nor shall he offer to give, solicit or receive any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical or other treatment;

(b) a Practitioner shall not directly or indirectly participate in or be a party to act of division, transference, assignment, subordination, rebating, splitting or refunding of any fee for medical, surgical or other treatment;

(c) the provisions contained in clauses (a) and (b) shall be made equally applicable to the referring, recommending, or procuring by a Practitioner or any person, specimen or material for diagnostic purposes or other study or work:

Provided that nothing shall prohibit payment of salaries by a qualified practitioner to other duly qualified person rendering medical care under his supervision.

(12)   The Practitioner while dealing with pharmaceutical and allied health sector industry or diagnostic center or testing lab or marketing or sale company or person, shall follow and strictly adhere to the following stipulations, namely: -

(a)      a practitioner shall not receive any gift from any pharmaceutical or allied health care industry and their sales persons or representatives;

(b)      a practitioner shall not accept any travel facility inside the country or outside, including rail, air, ship, cruise tickets, paid vacations and such others, from any pharmaceutical or allied healthcare industry or their representatives for self or family members for vacation or for attending conferences, seminars, workshops and continuous medical education programs as a delegate;

(c)      a practitioner shall not accept individually any hospitality like hotel accommodation for self or family members under any pretext;

(d)      a practitioner shall not receive any cash or monetary grants from any pharmaceutical and allied healthcare industry for individual purpose in individual capacity under any pre-text.

(e)      Funding for medical research, study and allied works can only be received through approved institutions in accordance with the law or regulations or guidelines adopted by such approved institutions in a transparent manner and the same shall always be fully disclosed;

(f)       a Practitioner while dealing with pharmaceutical and allied healthcare industry, shall always ensure that there shall never be any compromise either with his own professional autonomy or with the autonomy and freedom of the medical institution;

(13)   A practitioner may work for pharmaceutical and allied healthcare industries in advisory capacities as consultant, researcher, treating doctor or in any other professional capacity in compliance to these regulations and the Act.

(14)   For the purpose of Sub-regulation (13) a practitioner shall always. -

(a)      ensure that his professional integrity and freedom are maintained;

(b)      ensure that patients interest is not compromised in any way;

(c)      ensure that such affiliations are within the law; and

(d)      ensure that such affiliations or employments are fully transparent and disclosed.

(15)   A Practitioner may carry out, participate, work in research projects funded by pharmaceutical and allied healthcare industries and fulfillment of the following clauses shall be complied with undertaking any research assignment or project funded by industry, hence in accepting such a position a practitioner shall ensure that, -

(a)      the research proposal has the due permission of the concerned competent authorities;

(b)      such a research project has the clearance of National Ethics Committees or State Ethics Committees;

(c)      it fulfils all the legal requirements laid down for medical research;

(d)      the source and amount of funding is publicly disclosed at the beginning itself;

(e)      proper care and facilities are provided to human volunteers if they are necessary for the research project;

(f)       undue animal experimentations are not done and when these are necessary, they are done under the relevant guidelines of the Indian Council of Medical Research;

(g)      while accepting such an assignment he shall have the freedom to publish the results of the research in the greater interest of the society by inserting such a regulation in the memorandum of understanding or any other document or agreement for any such assignment.

(16)   A Practitioner shall not endorse any drug or product of the industry publicly and any study conducted on the efficacy or otherwise of such products shall be presented to or through appropriate scientific bodies or published in appropriate scientific journals in a proper way.

(17)   (a) every practitioner shall maintain the medical records pertaining to his indoor and outdoor patients for a period of three years from the date of commencement of the treatment or handover all records to the patient after outpatient department consultation;

(b) a Practitioner shall maintain a register of all the medical certificates, issued by him, giving full details of certificates issued and when issuing a medical certificate, he shall always enter the identification marks of the patient and keep a copy of the certificate.

(c) a Practitioner shall record the signature or thumb mark, address and at least one identification mark and any identification proof of the patient that include the patients address on such medical certificates or reports;

(d) efforts shall be made to computerise medical records as mentioned above, in such manner as notified by the Commission or Board, from time to time;

(e) the Practitioner shall take maximum care to ensure that the patients medical records are kept in the private custody of the practitioner and that the same are not leaked or shared with a third person subject to such conditions as mentioned in this regulation.

(18)   (a) every Practitioner shall display the registration certificate granted to him by the State Medical Council or Board as the case may be, in his clinic and his registration number in all his prescriptions, certificates, and money receipts given to his patients by him;

(b) in exercise of the powers granted under clause (b) of sub-section (1) of section 34 of the Act, the practitioners shall display as suffix to their names only recognised medical degrees or such certificates or diplomas and memberships or honours which confer professional knowledge or recognises any exemplary qualification or achievements.

(19)   (a) a Practitioner is not bound to treat every person asking his services, however, he shall be ever ready to respond to the calls of the sick and the injured and shall also be mindful of the high character of his duties and the responsibility;

(b) a Practitioner shall endeavor to add to the comfort of the sick by making his visits at the hour indicated to the patient in the hospital and clinic;

(c) a Practitioner advising a patient to seek service of another practitioner is acceptable, however, in case of emergency a practitioner shall treat the patient to the best of his abilities and the available infrastructure or facilities at the time thereof on humanitarian grounds;

(d) no Practitioner shall arbitrarily refuse treatment to a patient, however, for good reason, when a patient is suffering from an ailment which is not within the range of training or experience of the treating Practitioner or in the case of unavailability of the requisite facilities or infrastructure, the Practitioner may refuse treatment and refer the patient to another practitioner;

(e) the Practitioner shall provide a complete holistic treatment for a particular disease and illness and ensure that the patient is duly counselled about his body-mind constitution and informed about the ideal lifestyle that is required to be followed for such a constitution;

(f) the Practitioner having any incapacity which is detrimental to the patient or which can affect his performance relating to the patient, shall not practice his profession;

(g) confidences concerning individual or domestic life entrusted by patients to a practitioner or defects in the disposition or character of patients observed during medical attendance shall never be revealed unless their revelation is required by the law;

(h) a Practitioner shall when fighting against communicable disease and epidemic disease act as he wish another to act toward one of his own family in similar circumstances;

(i) the Practitioner shall neither exaggerate nor minimise the gravity of a patients condition and he shall ensure himself that the patient, patients relatives, or patients responsible friends have such knowledge of the patients condition as shall serve the best interests of the patient and the family;

(j) the practitioner shall determine the underlying cause of the illness and not merely identify the symptoms and provide a holistic treatment plan for the patient that treat both the symptoms and the underlying cause and he shall also identify the reasons that led to the disease and illness and counsel the patient to avoid such things that caused the disease;

(k) a practitioner is free to choose, whom he shall serve, however, he shall respond to any reasonable request for his assistance in an emergency on humanitarian grounds and once having undertaken a case, the Practitioner shall not neglect the patient, nor shall he withdraw from the case without giving adequate notice to the patient and his family;

(l) provisionally or fully registered medical practitioner shall not willfully commit an act of negligence that may deprive his patient or patients from necessary medical care;

(m) when a practitioner who has been engaged to attend an obstetric case is absent and another is sent for and delivery accomplished, the acting practitioner is entitled to his professional fees, but shall secure the informed consent to resign on the arrival of the practitioner engaged.

(20)   Notwithstanding anything contained in these regulations the practitioner shall reserve the right to refuse treatment to a patient in case the patient or his representative resort to unruly, violent or abusive behaviour.

Regulation - 23. Duties of practitioner in consultation

(1)     The practitioner shall avoid unnecessary consultations, however, in case of serious illness and in doubtful or difficult conditions, the practitioner shall request consultation, but under any circumstances such consultation shall be justifiable and in the interest of the patient only and not for any other consideration.

(2)     Consulting pathologists or radiologists or asking for any other diagnostic lab investigation shall be done judiciously and not in a casual manner and the primary reliance shall be on the diagnostic skills of the practitioner himself only in certain cases when the practitioner fails to diagnose a disease, then he shall recommend further investigation.

(3)     In every consultation, the benefit to the patient is of foremost importance and all practitioners engaged in the case shall be frank, polite and humble with the patient and his attendants.

(4)     The practitioner shall follow utmost punctuality and sincerity in making himself available for consultations.

(5)     All statements to the patient or patients representative shall take place in the presence of the consulting practitioners, except as otherwise agreed and disclosure of the opinion to the patient or patients representative shall rest with the medical attendant.

(6)     Differences of opinion shall not be divulged unnecessarily but when there is irreconcilable difference of opinion, the circumstances shall be frankly and impartially explained to the patient or his relatives or friends and it shall be opened to them to seek further advice as they so desire and it is expected of the practitioner to provide the patient a reference to other practitioners and such reference shall be objective and devoid of any personal bias or vested interest.

(7)     No decision shall restrain the attending practitioner from making such subsequent variations in the treatment if any unexpected change occurs, but at the next consultation, reasons for the variations shall be discussed or explained and the same privilege, with its obligations, belongs to the consultant when sent for in an emergency during the absence of attending practitioner and the attending practitioner may prescribe medicine at any time for the patient, whereas the consultant may prescribe only in case of emergency or as an expert when called for.

(8)     When a patient is referred to a specialist by the attending practitioner, a case summary of the patient shall be given to the specialist, who shall communicate his opinion in writing to the attending practitioner and the practitioner may take a due follow up of the patient after he is referred to a specialist.

(9)     A practitioner shall clearly display his fees and other charges on the board of his chamber or the hospitals he is visiting.

(10)   The prescription shall also make clear in case the practitioner himself dispensed any medicine.

(11)   No practitioner of Indian medicine shall exhibit publicly the scale of fees. But there is no objection to the same being put in the practitioners consulting or waiting room.

(12)   A practitioner shall write his name and designation in full along with registration particulars in his prescription letterhead;

Provided that in Government hospital where the patient-load is heavy, the name of the prescribing doctor shall be written below his signature.

Regulation - 24. Membership in Bodies of Indian System of Medicine

(1)     For the advancement of his profession, a practitioner shall affiliate with associations and societies of Indian System of Medicine and medical professions and involve actively in the functioning of such bodies and learn from his peers and experts in the profession.

(2)     A practitioner shall participate in professional meetings which includes continuous medical education programmes approved by the Board or State Medical Council, as part of his lifelong quest to attain knowledge of and develop his skills in the Indian System of Medicine, that is, Ashtang Ayurveda, Unani, Siddha and Sowa-Rigpa and such modern advances, Scientific and Technological Development as the Commission may declare in this regard, and shall attain at least fifty credit points of Continuous Medical Education.

Regulation - 25. Duties of practitioner to public and to paramedical profession

(1)     Practitioners as citizens, possessed of special training shall disseminate advice on public health issues and promote and educate people about the Indian System of Medicine, that is, Ashtang Ayurveda, Unani, Siddha and Sowa-Rigpa and they shall play their part in enforcing the laws of the community and in sustaining the institutions that advance the interests of humanity.

(2)     Practitioners shall particularly co-operate with the authorities in the administration of sanitary or public health related laws and regulations and national health programmes.

(3)     A practitioner shall actively participate in national health programme or any other activity conducted by the Commission, Ministry of Ayush or approved by the Commission, Ministry of Ayush and any such authorised agency or organisation or institution in this regard, to render medical service as per the National Health Policy in various National Health Programme 2017.

(4)     Practitioners shall get updated the knowledge, training, skill development and infrastructure to meet the national health needs in routine or emergency or during epidemic or pandemic situations.

(5)     The post-graduate of Indian System of Medicine shall have the right to actively participate in National health programmes as per his specialty.

(6)     Practitioner shall recognise and promote the participation of different paramedical services such as pharmacy and nursing as professions and shall seek their co-operation wherever required.

Regulation - 26. Public health

Practitioner, especially those engaged in public health work, shall enlighten the public concerning quarantine regulations and measures for the prevention of epidemic and communicable diseases-

(a)      at all times in accordance with the applicable laws, rules and regulations.

(b)      when an epidemic occurs, a practitioner shall not abandon his duty for fear of contacting the disease himself.

CHAPTER 5 Misconduct

Regulation - 27. Acts of professional misconduct

The following acts of commission or omission on the part of a practitioner shall constitute professional misconduct -

(a)      any practitioner of Indian System of Medicine, that is, Ashtang Ayurved, Unani, Siddha and Sowa-Rigpa who abuses his professional position by indulging in improper conduct including sexual harassment at the establishment with a patient or colleague or practitioner involving moral turpitude, on first time there shall be temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board, as the case may be, and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(b)      when a practitioner-

(i)       makes use of his name as subject of any form or manner of advertising or publicity through any mode either alone or in conjunction with others which is of such a character as to invite attention to him or to his professional position, skill, qualification, achievements, attainments, specialties, appointments, associations, affiliations, or honours or of such character as would ordinarily result in his self - promotion;

or

(ii)      gives to any person, whether for compensation or otherwise, any approval, recommendation, endorsement, certificate, report or statement with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic article, apparatus or medical appliances or any commercial product or article with respect of any property, quality or use thereof or any test, demonstration or trial thereof, for use in connection with his name, signature, or photograph or video in any form or manner or through any mode of advertising, including electronic and print media; or

(iii)     boasts of cases, operations, cures, or remedies or permit the publication of report thereof through any mode; or

(iv)    contributes to the press articles and give interviews regarding diseases and treatments which may have the effect of advertising himself or soliciting practices; or

(v)      displaying of self-photograph on public display systems or hoarding or at public places or any such material of publicity in the letter head or on sign board of the consulting room or any such clinical establishment or appearing on television programmes sponsored either by the practitioner or any other agency or shall be regarded as acts of self- promotion affixes a signboard on a chemists shop or in places where the practitioner does not reside or work; or

(vi)    use of an unusually large sign board and write on it anything other than his name, qualifications obtained from a university or a statutory body, titles and name of his speciality shall apply to his prescription papers, shall be on first time a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twentyfive thousand rupees be imposed by the respective State Medical Council, or the Board as the Case may be, or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register:

Provided that a practitioner is open to write to the press under his own name on matters of public health, hygienic living or to deliver public lectures, give talks on the radio or television or internet chat and send announcement of the same to lay press as well as use of digital or internet platforms that enable individuals to search for healthcare providers and healthcare services. Printing of sketches, diagrams, picture of human system shall not be treated as unethical:

Provided further that a medical practitioner is permitted to make a formal announcement in press on starting practice, on change of type of practice, on changing address, on temporary absence from duty, on resumption of another practice, on succeeding to another practice and public declaration of charges.

(c)      when a practitioner aids or abets torture or is a party to either infliction of mental or physical trauma or concealment of torture inflicted by some other person or agency in clear violation of human rights such practitioner shall be on first time a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(d)      When a practitioner including a teaching faculty of Indian System of Medicine misrepresents his qualifications or presents false qualifications or degree or produces a fake certificate of registration is convicted, he shall be on first time a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent conviction there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(e)      If any practitioner who signs or gives under his name and authority any such certificate, notification, report, or document of a similar character, which he is required to sign as per the relevant provisions of the law in this regard, is untrue or misleading or false, then such practitioner shall be on first time a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State register and the National register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(f)       When a practitioner of Indian system of Medicine uses touts or agents for procuring patients. such practitioner shall be on first time a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(g)      If a practitioner gives, solicits, receives, or offers to give, solicit or receive, any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical, or other treatment shall be on first time a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(h)     If a practitioner directly or indirectly, participates in or is a party to act of division, transference, assignment, subordination, rebating, splitting, or refunding of any fee for medical, surgical, or other treatments, such practitioner shall be on first time a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(i)       When a practitioner receives gifts, travel facility, hospitality, cash or monetary grant-in from any pharmaceutical company, individually or for his family, then such practitioner shall be on first time, a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the Case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register:

Provided that the funding for medical research, study can be received through approved institutions in accordance with the law or regulations or guidelines adopted by such approved institutions in a transparent manner and the same shall always be fully disclosed.

(j)       When any request is made to the practitioner for medical records or certificates as specified in subregulation (17) of the regulation 22 within three years from the date of commencement of the treatment, by the patient, patients representative, the Board, the concerned State Medical Council or any person authorised by the law in this regard, and the same is not duly acknowledged and the said documents are not provided within the period of seven days from the date of such request, then he shall be deemed to have committed an act of professional misconduct and such practitioner shall be on first time, a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register:

Provided that where a practitioner has handed over all the records to the patient immediately at the time of outpatient department consultation or at the time of discharge in case of Inpatient department, he shall be exempted from the liability arising out of the violation of this regulation.

(k)      if a practitioner performs or aids and abets in conducting clinical drug trials or other research involving patients or volunteers which are in violation of Indian Council of Medical Research or respective Central Research Council of Indian System of Medicine or any such guidelines as laid down by the Commission, such practitioner shall be on first time, a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(l)       If a practitioner performs or enables an unqualified person to perform any illegal operation or an operation for which there is no medical, surgical, or psychological indication is convicted, then such practitioner shall be on first time, a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(m)    If a practitioner issues certificates of efficiency in Indian system of Medicine to unqualified persons or issues certificates for which that he does not have the authority to issue is convicted, shall be on first time, with a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding rupees fifty thousand or both be imposed by the respective State Medical Council or the Board as the case may be both; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(n)     If a practitioner discloses the secrets of a patient which have been learnt in the exercise of his profession except -

(a)      in a court of law under orders of that court; or

(b)      in circumstances where there is a serious and identified risk to a specific person or community; or

(c)      in case of communicable or notifiable diseases, where concerned public health authorities have to be informed immediately; or

(d)      in circumstances where he is obliged to do so under these regulations, shall be on first time, a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(o)      If a practitioner performs an operation, without obtaining the consent in writing of the patient himself or when the patient is medically unfit to give consent, from the husband, wife, parent of the patient or when the patient is a minor from the guardian of the patient as the case may be, then he shall be on first time, a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register:

Provided that where a practitioner performs an operation on a patient, in case of a medical emergency, who is physically unfit to give consent and without obtaining the prior written consent of the husband, wife, parent of the patient or in case of the minor the written consent of the guardian or any person permitted to give consent as per Indian law then he shall not be held guilty of professional misconduct, if the practitioner in good faith believes that any delay in operation, caused in the process of acquiring consent would endanger the life of the patient.

(p)      When a practitioner publishes photographs or case reports of his patients without their permission, in any Medical or other journal in a manner by which their identity could be made out shall be on first time, a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register:

Provided that where the identity of the patient is not to be disclosed, the consent is not needed.

(q)      When a Practitioner undertakes invitro fertilisation or artificial insemination without the informed consent of the female patient and her spouse as well as the donor and that if such consent is obtained in writing without giving sufficient information about the purpose, methods, risk, inconveniences, disappointments of the procedure and possible risks and hazards. He shall be on first time, a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding twenty-five thousand rupees be imposed by the respective State Medical Council or the Board as the case may be or with both; and in the event of a second time, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than twenty-five thousand rupees and not exceeding fifty thousand rupees or both be imposed by the respective State Medical Council or the Board as the case may be; and in the event of third and subsequent time there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register.

(r)      Any person who is held guilty by the inquiry committee of Medical Assessment and Rating Board, for being an on-paper teacher, who is a teacher duly appointed by the institution through proper channel and who is expected to remain physically present in the institution, college and attached hospital during working hour of college and attached hospitals, and in actuality remains absent from his duty, the Medical Assessment and Rating Board, shall refer such on paper teacher to the Board and the Board shall levy the penalty for first time with a suspension of his name from the State and National register, for a minimum period of two years and a maximum period of five years and impose a minimum penalty of one lakh fifty thousand rupees and or maximum penalty of five lakh rupees; and in the event of a second time permanent removal of his name from the State Register and the National Register and penalty not less than five lakh rupees.

(s)      (i) When the Board finds that an intern with provisional registration, who is required to undertake internship, has obtained his internship certificate by fraud or misrepresentation or without fulfilling the requisite attendance requirement in this behalf or by providing false information with respect to attendance either in collusion with the respective institution or otherwise or without fulfilling the requirements as specified under the National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022, The National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Unani Education) Regulations, 2022, The National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Siddha Education) Regulations, 2022, The National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Sowa Rigpa Education) Regulations, 2022 or any such guidelines as notified in this regard by the Commission from time to time, then such intern shall be penalised with suspension of his provisional registration for the duration of not less than six months and on the completion of the suspension period, such intern shall start his internship of one year afresh and when the inquiry committee holds an intern to be liable for the violation of this regulation, the Board shall penalise such institution with a penalty of not less than five lakhs rupees for every single case of violation.

(ii) the Board and State Medical Council shall conduct inspections to identify and curb the misconduct as specified in clause (a).

(t)       The State Medical Council or the Board, as the case may be, before taking any action or imposes penalty under sub-regulation (a) to (s), shall give an opportunity of hearing to such practitioner.

CHAPTER 6 Enquiry by the State Medical Council into acts of professional Misconduct.

Regulation - 28. Constitution of the inquiry committee

(1)     Every State Medical Council shall constitute an inquiry committee for the purpose of conducting inquiry for acts of professional misconduct as specified in regulation 27.

(2)     The inquiry committee shall be presided by a presiding officer who shall be the President or Chairman of the State Medical Council, as the case may be, or any such person from amongst the members of the inquiry committee, as nominated by the President or Chairman of the State Medical Council, as the case may be, and shall consist of the following members, namely: -

(i)       one-member secretary who is the Registrar of the concerned State Council;

(ii)      three subject experts of the Indian System of Medicine belonging to the Ashtang Ayurveda, Unani, Siddha and Sowa-Rigpa systems of medicine, as the case may be.

Explanation. - For the purposes of this clause, "expert" means any such person who is registered in the State Register for a period of not less than ten years;

(iii)     one legal expert who is a practicing advocate, with an experience of working with the Commission, Board, or the State Medical Council for a period of not less than one year.

Regulation - 29. Filing of complaints

(1)     Every complaint made to the State Medical Council shall be made in writing, signed by the person making it with full name, address, phone number or e-mail id, along with the copies of the documents relied upon and shall be addressed to the State Medical Council and the complaint shall be accompanied by an affidavit containing the facts of the case.

(2)     On the receipt of a complaint, the State Medical Council shall refer the same to the inquiry committee as mentioned under regulation 28. The inquiry committee shall cause -

(a)      its essential details to be registered in the register of Maintenance of Complaint cases to be maintained in register of complaints of professional misconduct cases, in Form-G by the State Medical Council;

(b)      its acknowledgment to be given, to the complainant or his authorised representative in case of hand delivery, and if dispatched by the post the acknowledgment shall specify, among other things, the registration number of the application;

(c)      where the inquiry committee takes cognizance of a complaint, suo motu, after ascertaining facts, the same to be registered in accordance with clause (a).

Regulation - 30. Preliminary scrutiny of the complaint

(1)     On receipt of complaint as specified in regulation 29, the inquiry committee shall satisfy itself that the application is complete as per sub-regulation (1) of that regulation.

(2)     In case the inquiry committee finds any lacuna in the complaint it may direct the complainant to rectify the lacuna within a period of not exceeding seven days.

Regulation - 31. Notice

(1)     The inquiry committee after being satisfied of the maintainability of the complaint shall issue notice to the respondent, directing them to show cause as to why the complaint shall not be allowed, along with the copy of the complaint and its enclosure in the following manner, namely: -

(a)      by hand delivery through the complainant, if he so desires or through a process server; or

(b)      by the registered post with acknowledgement due.

(2)     On the receipt of the notice, the respondent shall submit his reply to the complaint within a period of seven days from the date of receipt of the said notice failing which the inquiry committee may proceed ex parte against the respondent:

Provided that, the inquiry committee may grant further time not exceeding seven days to the respondent to file his reply, as it deems fit and proper under the circumstances of the case.

Regulation - 32. Limitation

No complaint against the acts of professional misconduct as mentioned in regulation 27 shall be entertained, unless it is made within one year from the date of accrual of the first cause of action.

Regulation - 33. Non-appearance of respondent

If the respondent fails to show cause as specified in sub-regulation (2) of regulation 31, then the inquiry committee shall proceed ex parte against the respondent and shall record the evidence of the complainant or make any such inquiry as it may deem fit and shall submit recommendations to the respective State Medical Council who shall give a final order disposing of the complaint.

Regulation - 34. Procedure for inquiry when complainant appears

The inquiry committee shall give to both the parties an opportunity of leading evidence in support of their respective claims, and after making such inquiry as it deems fit, shall submit recommendations to the respective State Medical Council who shall pass a final order disposing of the complaint.

Regulation - 35. Holding of the inquiry

The inquiry committee may initiate suo motu or on any complaint received by it hold an inquiry with respect to the acts of professional misconduct as specified in regulation 27.

Regulation - 36. Principles of natural justice

The inquiry committee shall follow the principles of natural justice while conducting an inquiry against the professional misconduct as specified in regulation 27.

Regulation - 37. Disposal of the complaint

Any complaint made under this Chapter shall be disposed of within a period of ninety days from the date of the service of notice of the complaint to the respondent:

Provided that the inquiry committee may extend the said period once, up to the maximum period of thirty days, in exceptional circumstances, for reasons to be recorded in writing.

Regulation - 38. Order and interim order

(a)      The inquiry committee may recommend to the State Medical Council to pass, an interim order to the effect of suspending the registration of the respondent or such other interim order as it deems necessary, pending final disposal of the complaint.

(b)      Any order passed by the State Medical Council under this Chapter shall be a speaking order, spelling out the facts of the case as ascertained by the inquiry committee, and the reasons for the order as well as the quantum of penalty, if any as specified in regulation 27.

(c)      A copy of every order passed, whether final or interim, on a complaint, shall be given to the complainant and the respondent or their representatives, in person, or shall be sent to them through a process server or by registered post.

Regulation - 39. Order against which appeal may lie

(1)     An appeal shall lie against the order passed as specified in regulations 33 and 34.

(2)     No appeal shall lie against any interim order passed under regulation 38.

CHAPTER 7 APPEAL

Regulation - 40. Appeal

(1)     The Board shall function as the appellate body.

(2)     The appeal against the order of State Medical Council under regulations 33 and 34, shall be preferred to Board within forty-five days of the passing of the order and no such appeal made after forty-five days shall be entertained by the Board.

(3)     The Board shall follow the principles of natural justice while conducting the appeal proceedings as specified in this Chapter.

(4)     Any appeal made under this Chapter shall be disposed of within a period of ninety days of receipt of the appeal or within such extended period not exceeding a total of one hundred and two days form the date of filing thereof, as the case may be, for reasons to be recorded in writing.

Regulation - 41. Format of appeal

An appeal preferred shall contain the copy of the impugned order of the State Medical Council, grounds for appeal and shall be addressed to the Board.

Regulation - 42. Preliminary scrutiny of the appeal

(1)     On receipt of appeal, the Board shall satisfy itself that the appeal contains the particulars specified in regulation 41.

(2)     The Board shall return a complaint which does not contain the particulars as specified in regulation 41 to the complainant for representation after compliance, within a period of not exceeding fifteen days from the date of receipt of when the appeal is received by the Board.

Regulation - 43. Registration and acknowledgment of appeal

On receipt of an appeal, the Board shall register it in a register to be maintained in this regard in Form-H, and shall after registering such appeal, give an acknowledgment to the appellant, specifying the appeal number and the next date of hearing.

Regulation - 44. Notice to respondent

(1)     The Board after being satisfied of the maintainability of the appeal shall issue notice to the respondent, directing him to show cause as to why the appeal shall not be allowed, along with the copy of the appeal and its enclosure in the following manner, namely: -

(a)      by hand delivery through the appellant if he so desires;

(b)      by registered post with acknowledgement due.

(2)     The notice shall require the respondent, against whom the appeal is made, to appear in person or a person duly authorised by him on the date to be specified in the notice and to show cause in writing as to why the appeal shall not be allowed and mentioned that if he does not appear in person before the appellate body or otherwise fails or refuses to comply with the provisions of this regulation, the appellate body may hold the inquiry ex parte.

Regulation - 45. Non-appearance of the respondent

If the respondent fails or refuses to comply with the provisions as specified in sub-regulation (2) of regulation 44 of these provisions regulations, then the appellate body shall proceed ex parte and shall pass a final order, thereby disposing of the appeal.

Regulation - 46. Proceeding when complainant appears

The Board shall give to both the parties an opportunity of hearing and shall, after making such inquiry as it deems fit shall pass a final order, thereby disposing of the appeal.

Regulation - 47. Interim order

(1)     The Board shall have the power to pass such interim orders as it deems necessary for and during the course of the appellate proceedings.

(2)     That such interim order may be passed in the absence of the accused if he fails to comply with the notice sent under the sub-regulation (2) of regulation 44.

Regulation - 48. Speaking order

In the case of appeal, the Board shall pass such order as appears to it just and equitable, having regard to all the circumstances of the case.

Regulation - 49. Copy of order

A copy of every order passed, whether final or interim, on a complaint, shall be given to the complainant and the respondent or their representatives, in person, or shall be sent to them by registered post.

CHAPTER 8 Second Appeal

Regulation - 50.

(1)     The second appeal as mentioned under sub-section (4) of section 31 of the Act shall only lie against the orders as specified in regulations 45 and 46 and no appeal shall lie against any interim orders passed as specified in regulation 47

(2)     The Commission shall function as the Second appellate body.

(3)     The appeal against the orders of Board, shall be preferred to Commission within sixty days of the passing of the order and no such appeal made after sixty days shall be entertained by the Commission.

(4)     The Commission shall follow the principles of natural justice while conducting the appeal proceedings as specified in this Chapter.

(5)     Any second appeal made under this chapter shall be disposed of within one hundred days of receipt of the appeal or within such extended period not exceeding a total of one hundred and twenty days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

Regulation - 51. Format of appeal

An appeal preferred shall contain the copy of the impugned order of the Board and State Medical Council, grounds for appeal and shall be addressed to the Commission.

Regulation - 52. Preliminary scrutiny of the appeal

(1)     On receipt of appeal, the Commission shall satisfy itself that the appeal contains the particulars specified in regulation 51.

(2)     The Commission shall return a complaint which does not contain the particulars as specified in regulation 51 to the complainant for representation after compliance, within a period of not exceeding twenty days from the date of receipt of when the appeal is received by the Commission.

Regulation - 53. Registration and acknowledgment of appeal

On receipt of an appeal, the Commission shall register it in a register to be maintained in this regard in Form-I, and shall after registering such appeal, give an acknowledgment to the appellant, specifying the appeal number and the next date of hearing.

Regulation - 54. Notice to respondent

(1)     The Commission on being satisfied of the maintainability of the appeal shall issue notice to the respondent, directing him to show cause as to why the appeal shall not be allowed, along with the copy of the appeal and its enclosure in the following manner, namely: -

(a)      by hand delivery through the appellant if he so desires;

(b)      by registered post with acknowledgement due.

(2)     The notice shall require the respondent, against whom the appeal is made, to appear in person or a person duly authorised by him on the date to be specified in the notice and to show cause in writing as to why the appeal shall not be allowed and mentioned that if he does not appear in person before the appellate body or otherwise fails or refuses to comply with the provisions of this regulation, the appellate body may hold the inquiry ex parte.

Regulation - 55. Non-appearance of the respondent

If the respondent fails or refuses to comply with the provisions as specified in sub-regulation (2) of regulation 54 of these provisions regulations, then the second appellate body shall proceed ex parte and shall pass a final order, thereby disposing of the appeal.

Regulation - 56. Proceeding when complainant appears

The Commission shall give to all the parties an opportunity of hearing and shall, after making such inquiry as it deems fit shall pass a final order, thereby disposing of the appeal.

Regulation - 57. Interim order

The Commission shall have the power to pass such interim orders as it deems necessary for and during the course of the second appellate proceedings. That such interim order may be passed in the absence of the accused if he fails to comply with the notice sent under the sub-regulation (2) of regulation 54.

Regulation - 58. Speaking order

In the case of second appeal, the Commission shall pass such order as appears to it just and equitable, having regard to all the circumstances of the case.

Regulation - 59. Copy of order

A copy of every order passed, whether final or interim, on a complaint, shall be given to the complainant and the respondent or their representatives, in person, or shall be sent to them by registered post.

CHAPTER 9 Meetings of the Board (Ethics Committee of Expert)

Regulation - 60. Ordinary meetings

(1)     The Board shall ordinarily meet for the transaction of business in the first week of March and September, every year.

(2)     The exact date, hour and place of such meetings shall be decided by the President of the Board.

(3)     The President of the Board shall convene and preside over the meeting of the Board. In the absence of the President, any person authorised by the president shall convene the meeting.

Regulation - 61. Extraordinary meetings

The President of the Board may, whenever he thinks fit, and shall, upon a written requisition of not less than one third of the members of the Board, convene an extraordinary meeting of the Board.

Regulation - 62. Notice of meetings

(1)     Notice of not less than fifteen clear days shall be given for every member for an ordinary meeting.

(2)     Notice of not less than seven days shall be given for every member for an extra-ordinary meeting.

(3)     The notice of the meeting shall indicate the date, hour and place of the proposed meeting, the purpose of the said meeting, and shall contain such information that shall include but not limited to, whether the said meeting falls under regulation 60 or regulation 61.

(4)     In the case of an extraordinary meeting, the notice of the meeting shall be accompanied by a copy of the agenda for the proposed extraordinary meeting.

(5)     The agenda shall be prepared by such person as authorised by the President and under the instructions of the President shall be communicated to the members within not less than seven days before the date fixed for an extra ordinary meeting.

(6)     The President or such person as authorised by the President shall send to every member a copy of the agenda for the ordinary meeting:

Provided that at any meeting which is convened for special business, no other business than that included in the agenda shall be considered except with the permission of the President.

Regulation - 63. Motions for insertion in agenda

(1)     Notice of any motion to be inserted in the agenda for an ordinary meeting of the Board, shall be in writing, signed by the member giving it and by another member who is willing to second the motion and sent to the President or such person as authorised by the President, through communication, so as to reach the President or such person as authorised by the President, through communication, in not less than five days before the date fixed for the meeting:

Provided that all such notices shall be placed by such person as authorised by the President, through communication, before the President for deciding the admissibility of the motions.

(2)     A motion shall not be admissible on the following grounds, in addition to such grounds as decided by the Board namely: -

(a)      if the notice thereof has not been signed by the proposer and the seconder as mentioned in these regulations; or

(b)      if the matter to which it related to is not within the scope of the functions of the Board; or

(c)      if it raises substantially, the same question as a motion or amendment which has been moved and either decided or withdrawn with the leave of the board within a period of six months immediately before the date of the meeting at which it is proposed to move the new motion; or

(d)      unless it clearly and precisely expresses and raises substantially only one definite issue; or

(e)      if it contains arguments, inferences, ironical expressions, or defamatory statements:

Provided that the President shall have full discretionary power to accept or reject or accept in an amended form, any motion subject to the conditions as mentioned in this regulation and have the power to decide whether the said motion falls under conditions as imposed in sub-regulation (2):

Provided further that when the President disallows or amends a motion, he or such person as authorised by the President, through communication, shall inform the member, who gave notice of the motion or when the motion is amended shall provide the form in which the motion has been admitted.

Regulation - 64. Amendments to motions

(1)     Any member who desires to move an amendment to any motion included in the agenda shall send to the President or to such person as authorised by the President, a notice in writing, of such amendment so as to reach the President or such person as authorised by the President, in not less than two days before the date fixed for the meeting.

(2)     The notices refers to in sub-regulation (1) shall be placed by such person as authorised by the President, through communication, before the President for the admissibility of the amendments.

(3)     Notice for deciding the amendment shall not be admitted by the President for any such conditions as mentioned in sub-regulation (2) of regulation 63 in addition to such grounds as decided by the Board through communication:

Provided that the President or such person as authorised by the President, through communication, shall have full discretionary power to accept or reject or accept in an amended form, any such amendment in lieu of but not limiting to the conditions as mentioned in these regulations:

Provided further that when the President disallows or admits an amendment, he or such person as authorised by the President, through communication, shall inform the member, who gave notice of the amendment or when the amendment is admitted with amendment shall provide the form in which the amendment has been amended.

Regulation - 65. Discretionary power of President to allow motions or amendments without notice

Notwithstanding anything contained in this Chapter, the President or any such authorised person by the President in this behalf, through communication, may by using his discretion allow any member to move at a meeting -

(a)      any motion which in the opinion of the president or any such authorised person by the President in this behalf through communication, of an urgent nature, and of which no notice is given, or the notice given has not reached the President or any such authorised person by the President in this behalf, through communication, in time for inclusion in the agenda as per the regulations of this Chapter;

(b)      any amendment to a motion which in the opinion of the President or any such authorised person by the President in this behalf is of an urgent nature and of which no notice has given, or the notice given has not reached the President or any such authorised person by the President in this behalf, through communication, in time for inclusion in the agenda as per regulation 64.

Regulation - 66. Manner of taking votes

(1)     Every matter to be determined by the Board shall be determined on a motion moved at the meeting of the Board, by a member and put to the Board by any such authorised person by the President in this behalf through communication.

(2)     Votes shall be taken by voices, show of hands or division as the President or any such authorised person by the President in this behalf, may direct provided that, votes shall be taken by division or by ballot if any member so desires.

(3)     The President or any such authorised person by the President in this behalf, shall determine the method of taking votes by division.

(4)     The result of the votes shall be announced by the President or any such authorised person by the President in this behalf.

Regulation - 67. Motions identical in purpose

(1)     When motions identical in purpose stand in the names of two or more members they shall be arranged by the President or any such authorised person by the President in this behalf, in the order in which the notices in respect of such motions were received by him, as per the regulations of this Chapter, and the member whose notice stands first in the order of priority shall be called upon to move his motion.

(2)     If such member moves his motion, other motion or motions identical in purpose shall not be moved.

(3)     When any member so called upon to move his motion is absent or does not wish to move the same, his motion shall be deemed to have been withdrawn and the member whose name appears next in the order of priority shall be called upon to move his motion and the same procedure shall be followed, if necessary, till the last member in the order of priority is called upon to move his motion.

Regulation - 68. Motion shall be seconded

Every Motion shall be seconded, by at least one member of the Board, and if not seconded, shall be deemed to be withdrawn.

Regulation - 69. Amendments to motions shall be seconded

After a motion is moved and seconded, amendments to such motions as per the regulations of this Chapter, if any, shall also be seconded, by at least one member of the Board, and if not seconded, shall be deemed to have been withdrawn.

Regulation - 70. Withdrawal of motion and amendment

A member who has made a motion or an amendment to a motion may withdraw the same by leave of the President or any such authorised person by the President in this behalf, through communication, the said Motion or amendment shall not be allowed to be withdrawn if any other member objects to the withdrawal thereof.

Regulation - 71. Adjournment of business and closure

(1)     When any motion or amendment is under debate, no proposal with reference thereto shall made other than -

(a)      an amendment of the motion or of the amendment, as the case may be;

(b)      a proposal for the adjournment of the debate on the motion or amendment or both either to a specified time or as sine die;

(c)      a motion for the closure, namely, a motion that the question now put, provided that the President or such person as authorised by the President, through communication, shall have full discretionary power with respect to giving a final decision, with respect to whether a particular proposal is fit to be admitted subject to the regulations of this chapter.

Regulation - 72. Right of speech and reply and duration of speech

(1)     When a motion has been moved and seconded, members other than the mover and seconder may speak on the motion in such order as the President or such person as authorised by the President, through communication, may direct:

Provided that the seconder may with the permission of the President or such person as authorised by the President, through communication, confine himself to seconding the motion and speak thereon at any subsequent stage of the debate before the final reply.

(2)     No member, other than the mover who shall be entitled to a final right of reply, shall speak more than once on any motion except with the permission of the President or such person as authorised by the President, and for the purpose of making an explanation or putting question to the member addressing the Board:

Provided that a member who had spoken on a motion may speak again on an amendment subsequently to the motion.

(3)     No member shall, except with the permission of the President or such person as authorised by the President, through communication, speak for more than ten minutes:

Provided that the mover of a motion when moving the same may speak for twenty minutes.

(4)     A speech shall be strictly relevant and confined to the subject matter of the motion on which it is made.

Regulation - 73. Member to rise and then speak

(1)     A member desiring to make any observations on any matter before the Board shall rise in his seat, and, if called upon by the President or such person as authorised by the President, through communication address his remarks to the President or such Person as authorised by the President.

(2)     If the member is not called upon, he shall resume his seat:

Provided that a member disabled by sickness or infirmity may be permitted to address the meeting sitting.

(3)     If at any time the President or such person as authorised by the President, through communication, rises up to speak, any member speaking shall immediately resume his seat.

Regulation - 74. Limitations on speech

No member shall be heard except upon the business before the Board, or with the special permission of the Presiding authority in personal explanation in connection with some previous debate.

Regulation - 75. Putting question, order of amendment and motion

(1)     When an amendment to any motion is moved or when two or more such amendments are moved, the President or such person as authorised by the President, through communication, shall before taking the sense of the Board thereon, state or read to the Board, the terms of the original motion and the amendments proposed.

(2)     The President or such person as authorised by the President, through communication, shall put to vote the original motion and the amendments, if any, in such order as that authority deems fit, provided that, where any amendment is carried, the motion shall be put to vote in the amended form.

Regulation - 76. Division of motion

When any motion involving several points has been discussed, it shall be in the discretion of the President or such person as authorised by the President, through communication, to divide the motion and put each or any point separately to the vote as he may think fit.

Regulation - 77. Adjournment of meeting

(1)     The President or such person as authorised by the President, through communication, may at any time for reasons to be recorded in writing adjourn the meeting to any time or day or to any hour of the same day.

(2)     Whenever a meeting is adjourned to a future day, President or such person as authorised by the President, through communication, if possible, send notice of the adjournment of the meeting to every member irrespective of the number of members present.

(3)     At a meeting adjourned to a future day, any motions standing over from the previous day shall, unless the President or such person as authorised by the President, directs otherwise, take precedence over any new matter.

Regulation - 78. Points of order

The President or such person as authorised by the President through communication, shall decide all points of order which may arise.

Regulation - 79. Circulation of proposition, in lieu of meeting

The President or any such person as authorised by the President, through communication, whenever it appears to him unnecessary to convene a meeting, may instead of convening a meeting circulate by hand delivery or by registered post a written proposition recording the reasons for such proposition for the observations and votes of the members of the Board.

Regulation - 80. Minutes of meeting

(1)     The minutes of the meeting shall be circulated to all the members within fifteen days as soon as the meeting is over.

(2)     The proceedings of the meetings of the Board shall be preserved in the form of printed minutes which shall be authenticated and after confirmation by the signature of the President or such person as authorised by the President, through communication, shall be circulated to the members of the Board.

(3)     The minutes of each meeting shall contain such motions and amendments as have been moved and adopted or negatived with the names of the mover and the seconder, but without any comment and without any record of any observation made by any member at the meeting.

Regulation - 81. Confirmation of minutes of meeting

(1)     The minutes of a meeting shall be deemed to have been confirmed if no objection to their correctness is received by the President or such person as authorised by the President, through communication.

(2)     If any objection is received, confirmation of such minutes shall await the next meeting of the Board.

Regulation - 82. Volume of minutes of meetings

The minutes of the meetings of the Board shall, as soon as is practicable after their confirmation, be made up in sheets and consecutively paged for insertion in separate volumes, which shall be permanently preserved.

Regulation - 83. Fees for attendance at meetings

(1)     Members shall be entitled to a fee five thousand rupees, for each day of attendance at a meeting of the Board

(2)     In addition to such regulations as may be made by the Board in this regard, from time to time through communication, the travelling expenses of the members of the Board for attending the meetings of the Board, shall be paid, as follows, namely: -

(a)      Officials who are the Government servants may draw the travelling and halting allowances from the Commission, which they may be entitled to claim for travelling on official duties according to their grades under the relevant provisions of law;

(b)      A non-official member shall draw travelling allowance according to rate as decided by the Commission or the Board.

 

FORM-A

National Register

[See regulation 3 (3)]

National Registration Number:

Personal Details:

(1)     Name: First-Middle-Last (for married women name after marriage)

(2)     Gender:

(3)     Date of Birth:

(4)     Fathers Name: First-Middle-Last

(5)     Mothers Name: First-Middle-Last

(6)     Spouse: First-Middle-last

(7)     Blood Group:

(8)     Aadhaar No.:

(9)     Voters ID:

(10)   Pan No. (optional):

(11)   Nationality:

CONTACT DETAILS:

(1)     Aadhaar Linked Mobile No.

(2)     Alternate Mobile No.1 and 2

(3)     Landline No. 1 and 2 (optional)

(4)     Email ID:

(5)     Alternate Email ID:

(6)     Contact Address Details:

Permanent Address Details:

(1)     Address:

(2)     City:

(3)     Taluka:

(4)     District:

(5)     State:

Present Address Details:

(1)     Address:

(2)     City:

(3)     Taluka:

(4)     District:

(5)     State:

Practicing Address Details (0ptional):

(1)     Address:

(2)     City:

(3)     Taluka:

(4)     District:

(5)     State:

(6)     Pin Code:

Qualification Details:

(1)     State Registration Number:

(2)     Qualification: (BAMS/BUMS/BSMS/BSRMS)

(3)     Year of Passing:

(4)     Year of Degree Awarded: and copy of the degree (upload or attach)

(5)     Year of Passing of final exam and copy of the final year examination marksheet (upload or attach)

(6)     Name of the State:

(7)     Name of the university:

(8)     Name of the College/Institute:

(9)     Passing year of SSC: Please attach copy of one of the certificates Indicating the date of birth (upload or attach)

(10)   Name and Passing year of HSC

(11)   Name of SSC Board:

(12)   Detail of fee deposit: E banking/cash /or any mode of payment ---------------------Amount of Rs----------

 

FORM-B

[See regulation 3 (3)]

State Register

State Registration Number:

Personal Details:

(1)     Name: First-Middle-Last (for married women name after marriage)

(2)     Gender:

(3)     Date of birth.:

(4)     Fathers Name: First-Middle-Last

(5)     Mothers Name: First-Middle-Last

(6)     Spouse: First-Middle-last

(7)     Blood Group:

(8)     Aadhaar No.:

(9)     Voters ID:

(10)   Pan No. (optional):

(11)   Nationality:

CONTACT DETAILS:

(1)     Aadhaar Linked Mobile No.

(2)     Alternate Mobile No.1 and 2

(3)     Landline No. 1 and 2 (optional)

(4)     Email ID:

(5)     Alternate Email ID:

(6)     Contact Address Details:

Permanent Address Details:

(1)     Address:

(2)     City:

(3)     Taluk:

(4)     District:

(5)     State:

Present Address Details:

(1)     Address:

(2)     City:

(3)     Taluk:

(4)     District:

(5)     State:

Practicing Address Details (optional):

(1)     Address:

(2)     City:

(3)     Taluk:

(4)     District:

(5)     State:

(6)     Pin Code:

Qualification Details:

(1)     Qualification: (BAMS/BUMS/BSMS/BSRMS)

(2)     Year of Passing:

(3)     Year of Degree Awarded: and copy of the degree (upload or attach)

(4)     Year of Passing of final exam and copy of the final year examination marksheet: (upload or attach)

(5)     Name of the State:

(6)     Name of the university:

(7)     Name of the College/Institute:

(8)     Passing year of SSC: Please attach copy of one of the certificate Indicating the date of birth (upload or attach)

(9)     Name and Passing year of HSC:

(10)   Name of SSC Board:

(11)   Detail of fee deposit: E banking/cash /or any mode of payment ---------------------Amount of Rs----------------------.

 

FORM – C

[SEE REGULATION 5 (4)]

Particulars to be contained Online or Offline Application for Registration of a Practitioner of Ayurveda, Unani, Siddha and Sowa-Rigpa System of Medicine in the State Register/ National Register.

PART – A

Personal Details:

(1)     Name: First-Middle-Last (for married women name after marriage)

(2)     Gender:

(3)     Date of birth:

(4)     Fathers Name: First-Middle-Last

(5)     Mothers Name: First-Middle-Last

(6)     Spouse: First-Middle-last

(7)     Blood Group:

(8)     Aadhaar No.:

(9)     Voters ID:

(10)   Pan No. (optional):

(11)   Nationality:

Contact Details:

(1)     Aadhaar Linked Mobile No.:

(2)     Alternate Mobile No.1 and 2:

(3)     Landline No. 1and 2 (optional):

(4)     Email ID:

(5)     Alternate Email ID:

(6)     Contact Address Details:

Permanent Address Details:

(1)     Address:

(2)     City:

(3)     Taluk:

(4)     District:

(5)     State:

Present Address Details:

(1)     Address:

(2)     City:

(3)     Taluk:

(4)     District:

(5)     State:

Practicing Address Details (optional):

(1)     Address:

(2)     City:

(3)     Taluk:

(4)     District:

(5)     State:

(6)     Pin Code:

Qualification Details:

(1)     Qualification: (BAMS/BUMS/BSMS/BSRMS)

(2)     Year of Passing:

(3)     Year of Degree Awarded: and copy of the degree (upload or attach)

(4)     Year of Passing of final exam and copy of the final year examination marksheet (upload or attach)

(5)     Name of the State:

(6)     Name of the university:

(7)     Name of the College/Institute:

(8)     Passing year of SSC: Please attach copy of one of the certificate Indicating the date of birth (upload or attach)

(9)     Name and Passing year of HSC

(10)   Name of SSC Board:

(11)   Detail of fee deposit: E banking/cash /or any mode of payment ---------------------Amount of Rs----------------------.

Undertaking:

I (Name )------------------------------- solemnly affirm that the information given above is true to my knowledge .

Signature

(Name)

*Strike off whichever is not applicable.

 

"PART - B"

(Additional Qualification Details): - if Applicable

(1)     State from which additional qualification obtained:

(2)     Name of the University:

(3)     Name of the College/Institution:

(4)     Subject specialization/ Post Graduate degree (attach copy or upload):

(5)     Year of Passing:

(6)     Copy of the Original Registration Certificate of State Council or National Board

Undertaking:

I (Name )------------------------------- solemnly affirm that the information given above is true to my knowledge .

Signature

(Name)

*Strike off whichever is not applicable.

 

FORM-C

[See regulation 7 (5)]

Undertaking for Life Certificate

I ................S/o................ registered at State Medical council o f ................................ at Registration No................ residing at................ do hereby solemnly declare and affirm that I am alive.

Place: Date:

(Signature)

Name & Present Address:

Mob no :

Email :

(Counter Signature by Bank officer in which Account of RMP exist or any Gazetted officer)

 

FORM-E

[See regulation 15 (2)]

Application Form for Temporary Registration (for foreign citizens)

To,

The President

Board of Ethics and Registration for Indian System of Medicine,

National Commission for Indian System of Medicine,

Janakpuri, New Delhi -110058.

Dear Sir,

I hereby request that my name and other particulars as mentioned below may be entered in the National Register of Indian System of Medicine.

(1)     Full Name (IN BLOCK LETTERS):

(2)     Fathers name (IN BLOCK LETTERS):

(3)     Present correspondence address:

(4)     Permanent address:

(5)     Passport number:

(6)     Visa details:

(7)     Phone, Fax and mobile numbers with e-mail address:

(8)     Date of birth and Nationality:

(9)     Name of medical degree obtained and University with the month and year of passing qualification:

(10)   Name of the institution and address where the applicant received internship training for such qualification and the period of such internship training.

_________________________________________________________________________

(11)   Whether previously visited India for medical practice. If so, date, period and place of previous visits. Enclose the Self-attested copy. ________________________________________________________________________

(12)   Are you registered in any other foreign country? If so, give name of body or organisation or institute with which registered and number and date of registration. Enclose the Self-attested copy:

________________________________________________________________________

(13)   Are you registered as a medical practitioner in your own country? If so, provide name of body or organisation or institute with which registered with registration or license number and date. Enclose Self attested copy.

_________________________________________________________________________

(14)   Name of hospital or institute with complete address for purposes of teaching or research or practice of medicine:

_________________________________________________________________________

(15)   Name Period of training or research or practice of medicine.

(16)   Name and designation of person in institution or hospital who will be responsible for legal issues regarding patient care provided by doctor concerned:

(17)   Whether employment in India was temporary or permanent to be specified

(18)   I forward herewith self-attested copy each of :-

(i)       Passport or birth certificate or any other document regarding proof of date of birth.

(ii)      Internship completion certificate.

(iii)     An attested copy of the degree certificate in respect of the medical qualification possessed by me.

(iv)    Self-attested copy of any document confirming the applicants residential address which may be the Passport.

(v)      Self-attested copy of Visa.

(vi)    Self-attested copy of Diplomatic permission letter.

(19)   Registration fee of Rs. ___________ (in words___________) remitted by online or Bank Draft No ...................in favour of "The National Commission fund for Indian System of Medicine" payable at Delhi at New Delhi.

Note: - In case of rejection of application the service charges ________shall not be refunded to the applicant.

Temporary registration is valid upto Six Months from date of issuance, subject to the condition of approval to stay by the concerned authority of Government of India.

CERTIFICATE

I certify that particulars furnished above are true to the best of my knowledge and belief. I reside in the________________State/Union territory of ________________. I did not obtained any Registration from any other State Board/State Medical Council for Indian System in the past.

Date : Yours faithfully,

Place : (Signature of the applicant)

 

FORM-F

[See regulation 15 (3)]

Register for Foreign Citizens

 

 

 

FORM-G

[See regulation 29 (2) (a)]

MAINTENANCE REGISTER OF COMPLAINTS OF PROFESSIONAL MISCONDUCT CASES

 

FORM – H

[See regulation 43]

MAINTENANCE REGISTER OF APPEALS ARISING OUT OF PROFESSIONAL MISCONDUCT CASES.

 

FORM – I

[See regulation 53]

MAINTENANCE REGISTER OF SECOND APPEALS ARISING OUT OF AGAINST THE ORDER OF BOARD.