What is the punishment for violation of doctor-pharma relationship?


Dr KK Aggarwal and Ms Ira Gupta    18 May 2018

The punishment for violation of doctor-pharma relationship is decided on a case-to-case basis by the MCI as per 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.

8.1: It must be clearly understood that the instances of offences and of professional misconduct which are given above do not constitute and are not intended to constitute a complete list of the infamous acts which calls for disciplinary action, and that by issuing this notice the MCI and or State Medical Councils are in no way precluded from considering and dealing with any other form of professional misconduct on the part of a registered practitioner. Circumstances may and do arise from time to time in relation to which there may occur questions of professional misconduct which do not come within any of these categories. Every care should be taken that the code is not violated in letter or spirit. In such instances as in all others, the MCI and/or State Medical Councils have to consider and decide upon the facts brought before the MCI and/or State Medical Councils.

8.2: It is made clear that any complaint with regard to professional misconduct can be brought before the appropriate Medical Council for Disciplinary action. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. Deletion from the Register shall be widely publicised in local press as well as in the publications of different Medical Associations/Societies/Bodies.

8.3: In case the punishment of removal from the register is for a limited period, the appropriate Council may also direct that the name so removed shall be restored in the register after the expiry of the period for which the name was ordered to be removed.

8.4: Decision on complaint against delinquent physician shall be taken within a time limit of 6 months.

8.5: During the pendency of the complaint the appropriate Council may restrain the physician from performing the procedure or practice which is under scrutiny.

8.6: Professional incompetence shall be judged by peer group as per guidelines prescribed by Medical Council of India.

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