IMA writes to Mandaviya over newly notified regulation by NMC

Union Minister of Health and Family Welfare Mansukh Mandaviya
Union Minister of Health and Family Welfare Mansukh MandaviyaANI

New Delhi: The Indian Medical Association (IMA) on Tuesday wrote to Minister for Health and Family Welfare (MoHFW) Mansukh Mandaviya over the newly notified regulation by NMC (National Medical Commission)-Registered Medical Practitioner (Professional Conduct) Regulations 2023.

IMA’s letter to the Minister comes a day after its delegation led by national president Sharad Kumar Agarwal attended the meeting convened at Mandaviya with all the stakeholders to discuss issues on newly notified regulation.

“IMA has serious concerns on the said regulation. The regulation has made it mandatory for doctors to prescribe only generic drugs. It is a matter of great concern for IMA since this directly impacts patient care and safety. It is believed that less than 1 percent of the generic drugs manufactured in India are tested for quality, patient care and safety are non-negotiable for both, the Government and the medical profession,” the IMA wrote in the letter.

It further said: “Section 10 of Chapter 1 says prohibition of endorsement of a product or person RMP individually or as part of an organisation/association/society etc. IMA and many professional organisations are registered under Societies Act or similar Acts. IMA has clearly stated objects in its Memorandum, Rules and Bye Laws regarding medical education and public health. Its capacity to conduct Continuing Medical Education and Health awareness campaigns flows directly from its objects. “

“It is legally eligible and empowered to raise funds for such activities. So long as the funds are raised transparently in a bonafide manner and are used for the objects of the Association IMA is within its legal rights. The National Medical Commission does not have a jurisdiction over an Association registered under Societies Act is clear,” it wrote.

The IMA further said: “Section 13D of Chapter 1 says responsibility of RMP regarding the medical records.The RMP shall ensure fully digitized records, abiding by the provisions of the IT Act, data protection and privacy laws, or any other applicable laws, rules, and regulations notified from time to time for protecting the privacy of the patient.“

“Though the idea of digitalisation is welcome, mandating that this should be done in 3 years is unrealistic. The regulation should allow for gradual transition,” it said.

The IMA urged the government to withdraw the mandatory nature of the regulation on prescription of generic drugs till the quality assurance of the all drugs could be ensured.

The Association also requested to exempt Associations/Organisations from the purview of NMC Regulations.

Among others, the IMA urged to make digitalisation desirable yet optional.

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