The punishment is decided on a case-to-case basis and this has been elaborated in chapter 8 of the Code of Ethics Regulations, 2002. The nature of punishment may range from censure, warning to suspension.

8: Punishment and Disciplinary Action

Clause 8.1 states that the instances of offences and professional misconduct mentioned in the regulations do not constitute a complete list of the acts that mandate disciplinary action, and by issuing this notice, the MCI or State Medical Councils are not prohibited from dealing with other forms of professional misconduct on the part of a registered practitioner. There may be situations in relation to which questions of professional misconduct may arise which do not come within any of the mentioned categories. So, care must be taken that the code is not violated. In such situations, the MCI or State Medical Councils have to consider and decide based on the facts presented.

Clause 8.2 clarifies that any complaint of professional misconduct can be brought before the appropriate Medical Council for Disciplinary action. The Medical Council would hold an enquiry and will allow the medical practitioner to be heard in person or by pleader. If the medical practitioner is found guilty of committing professional misconduct, the Medical Council may award the necessary punishment or may order removal of the name of the registered practitioner, altogether or for a specific period, from the register. Additionally, deletion from the register has to be publicized in local press and in the publications of different Medical Associations/Societies/Bodies.

Clause 8.3 states that if the removal from the register is for a limited period, the Council may also direct that the name would be restored in the register after the expiry of the period stipulated.

Clause 8.4 mentions that decision on complaint against the physician should be taken within 6 months.

As per clause 8.5, while the complaint is pending, the appropriate Council may restrain the physician from performing the procedure or practice which is under scrutiny.

Clause 8.6 states that professional incompetence shall be judged by peer group based on the guidelines outlined by the Medical Council of India.