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Central Council of Indian Medicine http://www.ccimindia.org/regulations_5.htm
Practitioners of Indian
Medicine
( Standards of Professional Conduct, Etiquette and
Code of Ethics ) Regulations, 1982
G.S.R.—In exercise of
the powers conferred by clause (1) of section 36 read with sub section(1)
and (2) of section 26 of the Indian Medicine, Central Council Act 1970 (48
of 1970), the Central Council of Indian Medicine, with the previous
sanction of the Central Government, hereby makes the following regulations
for laying down standards of professional conduct, etiquette and code of
ethics to be observed by practitioners of Indian, Medicine namely :—
PART I
PRELIMINARY
1.Short title and
commencement.—
(1) These regulations
may be called the Practitioners of Indian Medicine (Standards of
Professional Conduct,
Etiquette and Code of Ethics) Regulations, 1982.
(2) They shall come
into force on the date of their publication in the Official Gazette.
2. Definitions.—
(1) In these
regulations, unless the context otherwise requires :—
(a) "Act"
means the Indian Medicine Central Council Act, 1970 (48 of 1970);
(b) "Form"
means a form appended to these rules;
(c)
"Practitioner of Indian medicine" means the Physicians and
Surgeons of Indian Medicine
who are for the time
being enrolled on any State Register of Indian Medicine and who
possess any of the
recognized medical qualifications;
(d)
"Section" means section of the Act.
(2) Words and
expressions used but not defined in; these regulations shall have the
meanings
assigned to them in
the Act.
3. Declaration.—Every
practitioner of Indian Medicine shall, within a period of 30 days from
the date of
commencement of these regulations, and every practitioner of Indian
medicine who
gets himself
registered after the commencement of these regulations shall, within a
period of 30
days from such
registration, make before the Registrar of the State Council or the Board,
a
declaration in Form A
and shall agree to abide by the same.
PART II
PROFESSIONAL CONDUCT
AND ETIQUETTE DUTIES AND OBLIGATIONS OP
PRACTITIONERS OF
INDIAN MEDICINE TOWARDS PATIENTS AND PUBLIC
4. Character of the
Practitioners of Indian Medicine—The main object of the medical
profession is to
render service to humanity. Whosoever chooses this profession, assumes t
he obligation to
conduct himself in accordance with its ideals. A practitioner of Indian
medicine shall be an
upright man, instructed in the art and science of healing.
He shall keep himself
pure in character
5.Duties of
practitioners of Indian medicine towards their patients.—
(1) A practitioner of
Indian medicine shall be ready to respond to the calls of the patients in
emergencies for the
sake of humanity and the noble traditions of the profession, though he is
not
bound, to treat each
and every one asking his services.
(2) He shall not permit,
considerations of religion, nationality, race, caste, creed, party
politics or social
standing to intervene in his duties towards patients.
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6. Practitioner's
responsibility.— A practitioner of Indian medicine shall merit the
confidence of patients entrusted to his care,
rendering to each a full measure of service and devotion and shall try
continuously to improve his knowledge and skill. He shall make availableto
his patients and colleagues the benefits of his professional attainment.
The honored ideals of the medical profession imply that the responsibility
of such practitioner shall extend not only to individuals but also to
society.
7. Patience, delicacy and secrecy.—Patience and
delicacy shall characterize the practitioner of Indian medicine. Confidence
concerning individuals or domestic life entrusted by patients to a
practitioner of Indian medicine and defects in the disposition or character
of patients observed during medical attendance shall never be revealed
unless their revelation is required by lawyer, a practitioner must
determine whether his duties to society require him toemploy knowledge obtained
through confidences to him as such practitioner to protect a healthyperson
against a communicable disease to which he is about to be exposed. In such
instances,the practitioners of Indian medicine shall act as he would desire
another to act towards one of hisown family in like circumstances.
8. Prognosis.— A
practitioner of Indian medicine shall neither exaggerate nor minimize the
gravity of a patient's condition and shall assure himself that the
patients, his relatives or his responsible friends have such knowledge of
the patient's condition as will serve the best interests of the patient and
the family.
9. The patient must
not be neglected.—-A practitioner of Indian medicine shall be free to
choose whom he will serve. He shall, however, respond to any request for
his assistance in any emergency or whenever temperate public opinion expect
his services. Once having undertaken a case, the practitioner of Indian
Medicine shall not neglect the patient, nor shall he withdraw from giving notice to the patient, his
relatives or his responsible friends sufficiently in them to secure another medical attendant.
No provisionally or fully registered practitioner of Indian medicine shall
willfully commit an act of negligence that may deprive his patient or patients
from necessary medical care.
10. Upholding the
honor of the profession.— A practitioner of Indian medicine shall uphold
the dignity and honor of his profession.
11. Engagement for an
obstetric case.—If a practitioner of Indian medicine agrees to
attend a women during her confinement, he must do
so. Inability to do so on an excuse of any other engagement is not tenable
except when he is already engaged on a similar or other serious
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 patient's
consent to resign on the arrival of the practitioner engaged earlier.
12. Practitioner as a Citizen.—A practitioner of
Indian medicine as a good citizen, possessed of special training, shall
advise concerning the health of the community wherein he dwells. He shall
lend his support in enforcing the laws of the community and in sustaining
in the institutions that advance the interests of humanity. He shall
cooperate with the proper authorities in the
13. Public Health.—A practitioner of Indian
medicine especially engaged in public health work, shall enlighten the
public concerning measures for the prevention of epidemics and communicable
diseases. At all times, the practitioner shall notify the constituted
public health authorities of every case of communicable disease under his
care, in accordance with the laws,rules and regulations of the health
authorities. When an epidemic prevails, he shall continue his labor without
regard to the risk of his own health.
PART III DUTY OF ONE PRACTITIONER
TOWARDS ANOTHER PRACTITIONER
14. Dependence of practitioners on each other,— There
is no rule that a practitioner of Indian medicine shall not charge another
practitioner for his services, but a practitioner shall cheerfully and
without recompense give his professional services to another practitioner
or his dependents if they are in the vicinity.
15. Compensation for expenses.—A practitioner of
Indian medicine shall consider it a privilege to render gratuitous service
to all practitioners and their immediate family dependents. When he is
called from a distance to attend or advise another practitioner or his
dependents, reimbursement shall be made to him for traveling and other
incidental expenses.
16. Consultation to be encouraged.—In case of serious
illness, especially in doubtful or difficult conditions, a practitioner may
request consultation.
17. Consultation for patients benefit.—In every
consultation, the benefit to the patient is of first importance. All
practitioners interested in the case shall be candid with the patient, a
member of his family or responsible friend.
18. Punctuality in consultation.—Utmost punctuality
shall be observed by a practitioner of Indian medicine in meeting for
consultation.
19. Conduct in consultation.—In consultations, no
insincerity, rivalry or envy shall be indulged in. All due respect shall be
observed towards the practitioners in charge of the case, and remark be made, which would impair the
confidence reposed in him. For this purpose, no discussion shall be carried
on in the presence of the patient or his representatives.
20. Statement to patient after consultation.—
1) All statements of the case to the patient or his
representatives shall take place in
the presence of all the practitioners consulting, except as
otherwise agreed the announcement of the patient or his relatives or
friends shall rest with the practitioner initially attending on the
patient.
(2) Difference of opinion shall not be divulged
unnecessarily but when there is an irreconcilable difference of opinion the
circumstances shall be frankly and impartially explained to the patient or
his relatives or friends. It would be open to them to seek further advice,
if they so desire.
21. Treatment after consultation.—No decision shall
restrain the attending practitioner of Indian medicine from making such
subsequent variations in the treatment as any unexpected changes may
require, but at the next consultation, reasons for the variations shall be
stated. The same privilege, with its obligations belongs to the consultant
when sent for in an emergency during the absence of attending practitioner
of Indian medicine. The attending practitioner may prescribe at any time
for the patient, the consultant only in case of emergency.
22. Visiting another practitioner's cases.—A
practitioner of Indian medicine called to visit.a patient who has recently
been under the care of another practitioner in the same illness, shallnot
take charge of, nor prescribe for such patient, except in a case of
emergency when he shall communicate to the former explaining the
circumstances under which the patient was seen and treatment given, or when
the practitioner has relinquished his case, or when the patient has
notified such practitioner to discontinue his services or unless the
patient specifically refuses to go back to his original practitioner. When
it becomes the duty of practitioner occupying an official position to see
and report upon an illness or injury, he shall communicate to the
practitioner attending so as to give him an option for being present. Such
practitioner shall avoid remarks upon the diagnosis or the treatment that
has been adopted.
23. Patient referred to specialists.—When a patient is
referred to a specialist by the attending pactitioner, a statement of the
case shall be given to the specialist who shall communicate his opinion in
writing in a closed cover direct to the attending practitioner.
24. Nomenclature of qualification.—It shall be
compulsory for a practitioner of Indian medicine to affix correct degree or
diploma before or after his name.
25. Change of address and announcement relating
thereto—A notice of change of address shall be intimated by every
practitioner of Indian medicine to the concerned State Board or Council and
the Control Council.
A practitioner may issue a formal announcement in the
Press one-insertion in one or more papers, regarding the following :—
(a) On starting practice;
(b) On change of type of practice;
(c) On change of address;
(d) On temporary absence from duty;
(e) On resumption of practice;
(f) On succeeding to another practice.
26. Payment for professional services.—A practitioner
of Indian medicine shall not enter into a contract "No cure, no
payment".
27. Rebates and commission.—A practitioner of Indian
medicine 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 in return for the referring, recommending or procuring
of any patient for medical, surgical or other treatment. He shall directly
or by any subterfuge participate in or be a party to the act of division,
transference, assignment,subordination, rebating, splitting or refunding of
any fee for medical, surgical or other treatment.
28. Evasion of legal restriction.—A practitioner of
Indian medicine shall observe the laws of the country regulating the
practice of medicine and shall not assist others to evade such laws.
29. Professional certificates, reports and other
documents.—
(1) A registered practitioner of Indian medicine is,
in certain cases, bound by law to give or may be called upon or requested
from time to time to give certificate, notifications, reports or similar
documents signed by him in his professional capacity for subsequent use in
the course of justice or for administrative purposes.
(2) Such
documents include among other certificate, or reports:—
(a) under the Acts relating to birth, death or
disposal of the dead;
(b) under the Acts relating to Lunacy and mental
deficiency and the rules made there under;
(c) under the vaccination Acts and the regulations
made there under;
(d) under the Factory Acts and the regulations made
there under;
(e) under the Education Acts;
(f) under the Public Health Acts and the orders made
there under;
(g) under the Workmen's Compensation, Act;
(h) under the Acts and order relating to the notification
of infectious diseases;
(i) under the Employee's State Insurance Act;
(j) in connection with sick benefit insurance and
friendly societies;
(k) under the Merchant Shipping Act;
(l) for procuring the issuing of passports;
(m) for excusing attendance in courts of justice, in
public services, in public offices or in ordinary
employments;
(n) in connection with rural and military matters;
(o) in connection with matters under the control of
ministry of the pensions.
(3) Any practitioner of Indian medicine who shall be
shown to have signed or given under his name and authority ny such
certificate, notification, report or similar document which is untrue,
misleading or improper is liable for professional misconduct or
disciplinary action under the Act or under any law for the time being in
force any State regulating the registration of such practitioner, to have
his name removed from the Central Register of Indian Medicine and the
provisions of section 27 shall apply.
30. Register of medical certificate issued by
practitioner.—A practitioner of Indian medicine shallmaintain a register of
medical certificates giving full details of the certificates issued. When
issuing a medical certificate, he shall always enter the identification
marks of the patient and keep a copy of the certificate. He shall not omit
to obtain the signature or thumb mark, address and identification marks of
the patient on the medical certificates and on the copies kept by him.
PART V. ISCIPLINARY ACTION
31. (1) The Central Council desires to bring the
notice of the practitioners of Indian medicine the following list of fences
which constitute professional misconduct and may warrant disciplinary
action against them under the Act or under any law for the time being in
force in any State regulating the registration of such practitioners.
LIST
(i) Adultery or improper conduct or association with a
patient. Any practitioner of Indian medicine
who abuses his professional position by committing any
adultery or improper conduct with a patient or by maintaining an improper
association with a patient, is liable for disciplinary action under the Act
or under any law for the time being in force in any State regulating the
registration of such practitioners;
(ii) any offices involving moral turpitude.
(iii) if convicted under the provisions of the Drugs
and Cosmetic Act, 1940 or the rules made hereunder.
(iv) if convicted for selling Scheduled poison to the
Public under the cover of his own
qualification except to his patient, and in accordance
with the provision of any law for timebeing in force, Welcome to Central
Council of Indian Medicine http://www.ccimindia.org/Regu (v) performing on enabling unqualified
person to perform an abortion or any illegal operation for which there is
no medical, surgical or psychological indication;
(vi) A practitioner of Indian medicine shall not issue
certificates of efficiency in Indian Medicine to unqualified or non-medical
person. (Note : The foregoing does not apply so as to restrict the proper
training and instruction of bonafide students, legitimate employees or
practitioners, midwives, dispensers, surgical attendants, or skilled
mechanical and technical assistants under the personal supervision of
practitioners).
(vii) It is improper for a practitioner of Indian
medicine to use an unusually large sign
board and write on it anything other than his name,
qualifications obtained from a University
or statutory body, titles and name of his specialty.
The same should show on his
prescription papers. It is improper to affix a
sign-board on a chemist's shop or in places wherehe does not reside or
work.
(viii) Do not disclose the secrets of a patient that
have been learnt in the exercise of the
profession. Those may be disclosed only in a Court of
Law under orders of the Presiding Judge.
(ix) Refusing on religious grounds alone to give
assistance in conduct of sterility, birth control, craniotomies on living
children, and therapeutic abortions when there is medical indication;
unless the practitioner of Indian medicine feels himself incompetent to do
so.
(x) Before performing an operation the consent in
writing shall be obtained; from, the husband or wife, parent or guardian in
the case of a minor, or the patient himself as the case may be. In an
operation which may result in sterility the consent of both husband and
wife is needed.
(xi) The photographs or case reports of patients shall
not be published in any medical or other journal in a manner by which their
identity could be made out without their permission. Should the identity be
not disclosed his consent is not needed. (xii) If a practitioner of Indian,
medicine is running a Nursing home and he employs assistants to help him the
ultimate responsibility rests on such practitioner.
(xiii) No practitioner of Indian medicine shall
exhibit publicly the scale of fees. But there isno objection to the same
being put in the practitioners' consulting or waiting room.
(xiv) No practitioner of Indian medicine shall use
touts or agents for procuring patients.
(xv) Advertisement through hoarding and tour
programmers shall be unethical.
(2) The
appropriate authority that is to say, the State Board or the State Council
may issue
a letter of warning or may direct the removal
altogether or for specified period from the
register the name of any practitioner of Indian
medicine who has been convicted of any
specified offence or who after an inquiry, at which
opportunity has been given to him to. Be
heard in, person or through a lawyer, has been held
guilty of professional mis-conduct or
infamous conduct in any professional respect, and the
provisions of section 27 shall apply.
FORM-A
(See. Regulation 3) FORM OF
DECLARATION
1.Declaration
Persons applying for registration with State Medical
Council or Board/Central Council of Indian Medicine shall forward along
with his application form the following declaration duly signed by him,
namely :—
(i) I solemnly pledge myself to consecrate my life to
the service of humanity.
(ii) Even, under threat, I shall not use my knowledge
contrary to the laws of humanity.
(iii) I shall maintain the utmost respect for human
life from the time of conception.
(iv) I shall not permit consideration of religion,
nationality, race, party politics or social standing
to intervene between my duty and my patient.
(v) I shall practice my profession with conscience and
dignity.
(vi) The health of my patient shall be my first
consideration.
(vii) shall respect the secrets which are confined in
me.
(viii) I shall give to my teachers the respect and
gratitude which is their due.
(ix) I shall maintain by all means in my power, the
honor and noble tradition of medical profession.
(x) I shall treat my colleagues as my brothers.
(xi) I shall maintain the standards of professional
conduct and etiquette and observe the code of ethics, laid down in these
regulations.
I make this declaration solemnly, freely and upon my
honor and agree to abide by the same.
SIGNATURE OF APPLICANT
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