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Is there any provision in the existing MCI Act or Code of Ethics which prohibits medical teachers serving

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Dr KK Aggarwal & Advocate Ira Gupta    13 December 2018

Is there any provision in the existing MCI Act or Code of Ethics which prohibits medical teachers serving in govt medical colleges from taking classes for Ayush practitioners in pharmacology so that they can prescribe modern medicines?

 

Ayurveda colleges need modern medical teachers

The Central Council of Indian Medicine has enacted Indian Medicine Central Council (Minimum Standard Requirements of Ayurveda Colleges and attached Hospitals) Regulations, 2012. As per the provisions of Indian Medicine Central Council (Minimum Standard Requirements of Ayurveda Colleges and attached Hospitals) Regulations, 2012, one of the requirements of Ayurveda Colleges is that they have to appoint 8 teachers of Modern Medicine to teach their students.

Minimum qualification for modern medical teachers

The Medical Council of India has framed regulations for qualification eligibility of medical teacher which is known as “Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 amended up to December 2009” (hereinafter referred to as MQTMIR, 1998).

As per the provisions of Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998, the Medical teachers must possess a basic University or equivalent qualification included in any one of the Schedules to the Indian Medical Council Act, 1956 (102 of 1956). They must also be registered in a State Medical Register or Indian Medical Register.

Code of ethics

As per the provisions of Indian Medical Council Act, 1956, the persons who have obtained recognised medical qualification as per Schedules to Indian Medical Council Act and who are registered with State Medical Register or Indian Medicinal Register can practice modern medicine system in their respective State or anywhere in the country respectively. Therefore, as per the provisions of Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998, the persons who can practice modern medicine system can teach in medical institutions.

As the medical teachers are the persons who can practice modern medicine system as per the provisions of the Indian Medical Council Act, 1956, therefore the provisions of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 are also applicable on the medical teachers.

It is important to note herein that the Indian Medical Council Act, 1956 and Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 restrict the students studying ayurvedic medicine system from practicing modern medicine system. The relevant provision is:

Clause 1.1.3 of the said Regulations, 2002, no person other than a doctor having qualification recognised by Medical Council of India and registered with Medical Council of India/State Medical Council (s) is allowed to practice Modern system of Medicine or Surgery. A person obtaining qualification in any other system of Medicine is not allowed to practice Modern system of Medicine in any form.

Further, there are certain restrictions on the registered medical practitioners practicing modern medicine system which are as follows:

Clause 7.9 of the said Regulations 2002, Performing or enabling unqualified person to perform an abortion or any illegal operation for which there is no medical, surgical or psychological indication.

Clause 7.10 of the said Regulations, 2002, a registered medical practitioner shall not issue certificates of efficiency in modern medicine to unqualified or non-medical person.

(Note: The foregoing does not restrict the proper training and instruction of bonafide students, midwives, dispensers, surgical attendants, or skilled mechanical and technical assistants and therapy assistants under the personal supervision of physicians.)

In view of the above provisions and law, it is stated herein that there is no restriction on the modern medical teachers to teach Ayush students. There are only two restrictions on registered medical practitioner / medical teacher as mentioned in Clause 7.9 and 7.10 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. But the said restriction does not bar the registered medical practitioner / medical teacher from teaching the Ayush Students.

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