68 Law of Medicine The date of his first admission to the register; His qualifications for registration; His professional address; and 5. Further particulars as necessary. (iii) REGULATION UNDER INDIAN MEDICAL COUNCIL ACT, 1956 Introduction.—In India, the general control of the medical profession vests with the Medical Councils. They are created under the Medical Acts, ‘The Indian Medical Council Act, 1933 created the Indian Medical Council. The Act has been amended as Indian Medical Council Act, 195 and Indian Medical Council (Amendment) Act, 1964. Its jurisdiction extends to whole of India. Several State Governments have created State Medical Councils by enacting the State Medical Acts. 1. Body.—The Indian Medical Council consists of a certain member of members of the profession elected from each State, each University and some nominated by the Central Government. They hold office for a term of five years. A president and vice-president are elected form among the members. pp 2. Purpose and function.—The Council carries out the purposes of the Indian Medical Council Act through an executive committee and through such other committees as the Council deems necessary. These committees are constituted from amongst the members The main functions of the Council are : (i) medical education, Gi) medical qualifications, (ii) to maintain register of medical practitioners, (iv) advising the Central Health Ministry on appeals against disciplinary actions taken by the State Medical Councils, (v) issuing of warning notices, (vi) issuing certificates of good conduct and character to doctors going abroad, (vii) sponsoring and organising continuing medical education (C.M.E.) programmes, and (viii) prescribing a code of medical ethics. (i) Medical education.—The council maintains the standards of undergraduate medical education and lays down the requirements 8 regards accommodation, equipments, teaching staff and their qualifications and other facilities. It appoints inspectors to inspect these requirements and standard of examinations held by the medical institutions ° Universities in India for the purpose of recommending recognition of th? medical qualifications awarded by them to the Central Government. Sut an inspection is held for every medical qualification when it is introduce! and every five years thereafter. If the requirements are not met with found unsatisfactory, it can make a recommendation to the Cents! Government to withdraw recognition of any medical qualification of § adRe ‘exulation of Medical and Paramedical Profession Ld medical institution or univers modisal eaieacei ety ity, It prescribes standards for postgraduate for the transfor at cen Ruidance of Universities, it also lays down eriteria as pi of students from one medical college to another. three chedcles ae qualification, ~It recognises under the Medical Act ee Qualifications : The first schedule includes recognised Tiina te ecations awarded by medical institutions or Universities in eat Second schedule includes recognised medical qualifications awarded by medical institutions outside Juded India; part I of the third schedule ~~ luded recognised medical qualifications awarded by medical institutions not included in the first schedule and part II includes recognized medical qualifications awarded by medical institutions outside India not included in the second schedule. The Council has authority to enter into negotiations for the setting up of schemes for the reciprocal recognition of medical qualifications with the authority of any country outside India. A special provision is made in certain cases for recognition of medical qualifications in countries with which there is no scheme of reciprocity. Medical register.—The Council maintains in the prescribed manner a register of medical practitioners known as the Indian Medical Register containing the names of all persons who are enrolled on any State Medical Register and their possessed medical qualifications. To ensure that doctors update their skill continuously, the Delhi Medical Council has decided that doctors practising in Delhi will have to apply for a fresh registration after every five years. It is just a matter of time before other States adopt such a measure. In developed countries doctors have to apply for a fresh registration after every five years. In the United States of America, doctors shall fulfil certain requirements of continuing medical education’ before they are registered second time and after. (iv) Advice on disciplinary actions.—It advises the Central Health Ministry when an appeal is made by a local medical practitioner against the decision of the State Medical Council on disciplinary matter. (v) Warning notices.—It may issue warning notices in relation to certain unethical practices which are regarded as falling within the meaning of the term ‘infamous conduct’ in respect of the profession. (vi) Certificates.—The Council is empowered to issue certificates of good conduct and character to medical students and doctors going abroad for higher studies or service. (vii) C.M.E, Programmes.—It sponsors and organises continuing medical education programmes for medical practitioners to help update their knowledge, (viii) Code of ethics. —It follows the declaration of Geneva as modified by the World Medical Association.70 Law of Medicine (E) MEDICAL COUNCIL OF INDIA Code of Medical Ethics Declaration the coe time of registration, each applicant shall be given a copy a ing declaration by the Registrar concerned and shall reaq ft gree to abide by the same : ad 1. I solemnly pledge myself to consecrate my life to the service humanity. - 2, Even under threat, I will not use my medical knowledge contrary to the laws of humanity. 3. will maintain the utmost respect for human life from the time of conception. 4. 1 will not permit consideration of religion, nationality, race party-polities or social standing to intervene between my duty and my patient. I will practice my profession with conscience and dignity. The health of my patient will be my first consideration. 7. I will respect the secrets which are confided in me. 8. I will give to my teachers the respect and gratitude which is their due. 9. I will maintain by all means in my powers, the honour and noble traditions of medical profession. 10. My colleagues will be my brothers. 11. I make these promises solemnly, freely and upon my honour. The World Medical Association has codified the International Code of Medical Ethics. And the duties of doctors in general are the following. The paramount duty of a doctor is to maintain always the highest standard of professional conduct. And : 1. A doctor must practise his profession uninfluenced by motives of profit. The following practices are deemed unethical : (i) Any self-advertisement except such as is expressly authorised by the national code of medical ethics. (ii) Collaboration in any form of medical service in which the doctor does not have professional independence. (iii) Receiving any money concerning the services rendered to @ patient other than a proper professional fee, even with the knowledge of the patient. (iv) Any act or advice, which could weaken physical or mental resistance of a human being, may be used only in bis interest, 2. A doctor should use great caution in divulging discoveries or ne techniques of treatment, 3. A doctor should certify or testify only to that w personally verified. hich he besRegulation of Medical and Paramedical Profession n Jd Medical Association has also resolved eros member associations— on human rights and a 1, to review the situation in their own cou that violations are not concealed as a re from the responsible authorities and to +, of civil and human rights. 2, to provide clear ethical advice to doctors working in the pri system. Prison 3. to provide effective machinery for investigati by physicians in the field of human rights, 4 to protest alleged human rights violations through communications that urge the humane treatment of prisoners ne that seek the immediate release of those who are imprisoned without just cause. The Council also appoints a Registrar for its day-to-day work. It includes the maintenance of the Indian Medical Register and to update it periodically by erasing the names of those Practitioners who have died or who have been convicted by a criminal Court or who have been found guilty of infamous conduct in respect of profession and by restoring the names of those practitioners whose period of temporary erasure expires, The State Medical Councils The State Medical Council consists of members elected by the registered medical practitioners and those nominated by the State Government. The President and the Vice-President of the State Council are elected by the members from amongst themselves. The main functions of the State Medical Council are : (i) Maintaining a register, (ii) Medical etiquette and ethics, (iii) Disciplinary control and (v) Warning notices. The State Medical Register The Registrar or the Secretary of the State Council maintains a register in the prescribed manner to provide for registration of medical Practitioners within its jurisdiction. Any doctor possessing requisite medical Gualifications prescribed by the Indian Medical Council is eligible for registration on payment of the prescribed fee. A provisional reistration is &ranted to a doctor who has passed the qualifying examination ~ aa 7 undergo a certain period of training in an approved institution be fore he is finally registered. It is the duty of the Registrar to inform the Indien ical Council, from time to time, about the additions and deletions the State Medical Register. Privileges of Registered Medical Practitioner — . As long as a doctor is registered medical practitioner wing privileges : ntries so as to ensure sult to fear of reprisals equest strict observance ing unethical practices he enjoys the folloyte oY Law of Medicine L i Be in Berea te Set up medical practice anywhere in India and one me icines listed in the Dangerous Drugs Act. ‘old official and semi-official appointments. 3. He can sign statutory medical certificates such as births, deaths medical illness ete. , 4. He can perform medico-legal autopsies. 5. He can give evidence as an expert. 6. He is exempted from serving on a jury and at an inquest, 7. He can sue for his fees in a Court of law unless he is preventeq from doing so by the institution whose qualification he holds, (iv) REGULATION UNDER INDIAN NURSING COUNCIL ACT, 1947 Introduction.—Nurses are part and parcel of the medical fraternity, Services rendered by the nursing personnel are of immense importance, Ty be a qualified nurse, one has to pass the Higher Secondary Examination and get admitted in a nursing college for four years course and obtain the degree in pursuing including a period of training. This is the basic qualification for joining as a nurse in Government hospitals, reputed private hospitals and nursing homes. Like doctors, nurses also serve the sick for their recovery from illness. They offer the society a best humanitarian service. They are everywhere in between the doctors, patients and the relatives of the patients. When a patient is in a hospital ward, it is the nurse who gives solace to him, It is a profession that commands respect from the society. Nurses not only serve the civilians but also the military men in their hospitals and clinics. Even they serve the wounded armymen in war and dare to move to the frontal area of battlefields. In war or peace they are the angels to the sick and the wounded irrespective of their caste, creed or religion. To serve the ailing, human beings is their code of ethics. They never shy away in most difficult situations. Their motivations and dedications are inspirations for others. The Indian Nursing Council Act, 1947 was enacted to constitute an Indian Nursing Council in order to establish a uniform standard of training for nurses, midwives and health visitors. It was subsequently amended in 1957. Constitution and Composition of the Council.—The Indian Nursing Council consists of the following members : 1. Qne nurse enrolled in a state register elected by each State Council. 2. Two members elected from among themselves by the heads of institutions for obtaining University degree in nursing oF post-certificate course in the teaching of nursing and in nursing administration. 3. One member elected from among themselves by the heads of institutions in which health visitors are trained. 4, One member elected by the Medical Council of India. 5. One member elected by the Central Council of the Indian Medical aanRegulation of Medical and Paramedical Prof 3 Association. One member elected by the Council of th : i ‘Association of India. Trained Nurses id-wi iliary nurse-midwi : 7, One mid-wife or auxiliary nurse-midwife enrolled register, elected by each of the State Councils in the ot — of states, each group of states being taken in rotation, groups g, The Director-General of Health Services, ex-officio. g, The Chief Principal Matron, Medical Directorate, Headquarters, ex-officio. rate, General 10, The Chief Nursing Superintendent, Office of the Director. of Health Services, ex-officio. ctor-General uL. The Director of Maternity and Child Welfare, Indian Red Cross Society, ex-officio. The Chief Administrative Medical Officer of each State, ex-officio. The Superintendent of Nursing Services, ex-officio from each of the States in two groups taken in rotation, Four members nominated by the Central Government of whom atleast two shall be nurses, midwives or health visitors enrolled in State Register and one shall be experienced educationalist. Three members elected by the Parliament, two by the Lok Sabha from among its members and the other by the Rajya Sabha from among its members. Incorporation of the Council.—The Council shall be a body corporate by the name of the Indian Nursing Council, having perpetual succession and a common seal, with power to acquire property, both moveable and immoveable, and shall by the said name sue and be sued. Term of office.—As elected or nominated member shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated whichever is longer. Secretary.—The Secretary, may also act as the treasurer, will be appointed by the Central Government initially for a period of three years. Executive Committee.—The Executive Committee shall consist of nine members of whom seven shall be elected by the Council from among its members. The President and vice-President of the Council shall be the President and Vice-President of the Executive Committee. The Executive Committee shall exercise and discharge such powers and duties as the Council may confer upon it. 12. 13. 14. 16. Recognition of qualifications.—The qualifications included in Part \ of the schedule shall be recognised qualifications and the qualifications iRcluded in Part II of the schedule shall be recognised higher qualifications, Any recognised qualification shall be sufficient qualification for coe @ any State Register. No person shall be entitled to be enrolle he Pee State Register as a nurse, midwife or health visitor unless he or she ® recognised qualification. i equired Inspections.—The Executive Committee may appoint redy Law of Medicine numl i . . *, . ber of mSpectors to inspect any institution reco, Institution, and to attend examinations held for the any recognised snised as ay Purpose of - Ring h qualification or recognised higher qualification, EFanting shall report to the Executive Committee on the Suitability of the ;nSP* for the purposes of training and examinations. s titutign Withdrawal of recognition.—When reported by the E: Committee, it may appear to the Council that the courses of study eettive and examination for obtaining a recognised qualification from any ‘aut in any State or the conditions for admission to such courses or the staneY of proficiency from the candidates at such examination are not in confotd with the regulations, it may also appear that an institution Tecognised a State Council for the training of nurses, midwives or health Visitors a not satisfy the requirements of the council, in those cases, the Counci} . send to the Government of the State in which the ‘authority or i institution is situated a statement requiring the State Govemmey'™ forward it, alongwith its remarks, to the authority or institution Concerneg The authority or the institution should submit its explanation Within specified time. The State Government, on receipt of the explanations, val forward its recommendations to the Council. The Council may declare that the qualifications granted by the authority shall be recognised Qualificatiog only when granted before a specified date. All declarations shall be made by resolution passed at a meeting of the council. Indian Nurses Register—The Council will maintain in the prescribed manner a register of nurses, midwives and health visitors to be known as the Indian Nurses Register which shall contain the names of al persons who are enrolled on any State Register. It is the duty of the Secretary of the Council to maintain the Indian Nurses Register and update it. The register is a public document.