The National Medical Commission (NMC) has clarified that even non-doctors can file appeals with its Ethics and Medical Registration Board (EMRB) against decisions of State Medical Councils (SMCs) over complaints related to medical negligence or professional misconduct of physicians.
This directive was part of the decisions taken at a meeting of the commission held on September 23, 2024. The minutes of the meetings were accessed by K.V. Babu, Kannur-based ophthalmologist, on January 30, through an RTI application.
According to sources, the NMC, which replaced the erstwhile Medical Council of India (MCI) in 2020 as a statutory body responsible for establishing and maintaining high standards of medical education and recognition of medical qualifications, had decided in October 2021 that only doctors have the right to file appeals with the EMRB.
Since March 9, 2022, the EMRB reportedly rejected a large number of petitions by non-doctors. Though the Union Ministry of Health and Family Welfare later that year decided to amend the NMC Act, 2019, to incorporate a provision to help non-doctors file appeals with the EMRB, it is yet to be enacted.
Meanwhile, the NMC issued a gazette notification on August 23, 2023, saying that the Ethics Regulations, 2002, of the erstwhile MCI would prevail until the provision comes into force.
According to regulation 8.8, “any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said medical council: Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days.”
However, the EMRB again rejected another appeal by a patient from Chennai on September 2, 2024, saying that under Section 30(3) of the NMC Act, patients did not have the right to appeal. Thereafter, the issue was discussed at the commission’s meeting held on September 23, 2024.
The meeting decided that the EMRB would entertain all the appeals. If the SMCs do not take action on those filed by non-doctors even after receiving reminders from the board, a direction will be issued to complete the process in a time-bound manner. If they again fail to act, the EMRB will take over those cases, the minutes of the meetings say. “Though delayed, the NMC decision is welcome,” Dr. Babu said.