Operation Jonk

Health Care Comments Off

The current exposure of nine diagnostic establishments in the city in a sting operation by News Nation, News channel, has been taken seriously both by the Health Ministry and Medical Council of India. The Ethics Committee of MCI has registered complaints against all the nine diagnostic centers and will hear the each one of them on merit and take disciplinary decisions, if found guilty. Even IMA has condemned and issued an advisory that it is against cuts and commission and will not support any doctor if they are found indulging in any unethical activity.

Following are the violation of code of conducts which can be applicable if a doctor is found taking or giving commission and cuts.

MCI Ethics Regulations

1.7 Exposure of Unethical Conduct: A Physician should expose, without fear or favour, incompetent or corrupt, dishonest or unethical conduct on the part of members of the profession.

6.1 Advertising:

6.1.1 Soliciting of patients directly or indirectly,by a physician,by a group of physicians or by institutions or organizations is unethical drug.

6.4 Rebates and Commission:

6.4.1 A physician 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 return for the referring, recommending or procuring of any patient for medical, surgical or other treatment. A physician shall not directly or indirectly, participate in or be a party to act of division, transference, assignment, subordination, rebating, splitting or refunding of any fee for medical, surgical or other treatment.

6.4.2 Provisions of para 6.4.1 shall apply with equal force to the referring, recommending or procuring by a physician or any person, specimen or material for diagnostic purposes or other study/work. Nothing in this section, however, shall prohibit payment of salaries by a qualified physician to other duly qualified person rendering medical care under his supervision.

7.19 A Physician shall not use touts or agents for procuring patients.

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 Medical Council of India 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 Medical Council of India and/or State Medical Councils have to consider and decide upon the facts brought before the Medical Council of India and/or State Medical Councils.