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What happens if the state medical council does not decide the complaint in six months?

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eMediNexus    17 September 2021

If the state medical council fails decide a matter in six months, the case can be taken over by the MCI. The MCI Code of Ethics Section 8.7 is states: 

MCI Act 8.7: Where either on a request or otherwise the Medical Council of India is informed that any complaint against a delinquent physician has not been decided by a State Medical Council within a period of six months from the date of receipt of complaint by it and further the MCI has reason to believe that there is no justified reason for not deciding the complaint within the said prescribed period, the Medical Council of India may-

  1. Impress upon the concerned State Medical council to conclude and decide the complaint within a time bound schedule;
  2. May decide to withdraw the said complaint pending with the concerned State Medical Council straightaway or after the expiry of the period which had been stipulated by the MCI in accordance with para(i) above, to itself and refer the same to the Ethical Committee of the Council for its expeditious disposal in a period of not more than six months from the receipt of the complaint in the office of the Medical Council of India.”

The case described below further illustrates this. 

In an MCI Order: Complaint against Eye Surgeon as alleged by complainant (F.No. 78(2010): The Ethics Committee noted that the complaint dated 21.01.2010 against the Eye Surgeon was referred to the Haryana State Medical & Dental Council (HSM&DC) vide the Council letter dated 13.03.2010 for investigation and action within period of 6 months. No response was received from the HSM&DC despite repeated reminders dated 03.01.2011, 15.04.2011, 07.07.2011 & 12.03.2012. The Committee sent a letter to the Chief Secretary, Govt. of Haryana and Principal Chief Secretary (Health), Govt. of Haryana as no action had been taken on the part of HSM&DC as requested by the Council since 13.03.2010. Additionally, considering 8.7 of sub-clause (ii) of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, the Committee decided to withdraw the complaint pending with the HSM&DC with intimation to the said Council. The committee took over the investigations.

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