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HT Exclusive: Steps initiated to amend state medical council act to deal with malpractices
The Maharashtra Medical Council formed a four-member committee two months ago for this purpose and is in the midst of formalising the proposal. This committee is headed by Dr Utture.
The Maharashtra Medical Council (MMC) which regulates the registration of doctors and hospitals in the state has decided to initiate steps to amend the Maharashtra Medical Council Act, 1965, which has become outdated.
This would be the first amendment in the history of this legislation to bring all hospitals, charitable trusts, diagnostic centres and anti-quackery cells under its ambit.
The decision to undertake amendments was made by the Council to curb the growing cases of medical malpractices and illegalities in the healthcare business in the state. Also, when the Act was formed in 1965, there were no big tertiary care centres or diagnostic centres as is the case today, said Dr Shivkumar Utture, president, MMC, in an exclusive interview to HT.
He said the amendment is being done to strengthen the Council and to give it powers on the lines of the Delhi Medical Council Act, 1990, to act against the malpractices and unethical practices.
The MMC is a successor to the Bombay Medical Council which was established in 1912. It was forced to rely on the police and municipal health department for any action against the quacks, hospitals or diagnostic centres.
“But not anymore,” said Dr Shivkumar Utture, president, MMC, while speaking to HT.
“We have always had to rely on the police authorities or the health department to act against the quacks in the society or the diagnostic centres that were found playing with patients’ lives. But now we are demanding some powers so that we can ourselves take action against such people and such illegal activities. For doing this, we will need to amend the MMC act 1965,” he said.
The MMC formed a four-member committee two months ago for this purpose and is in the midst of formalising the proposal. This committee is headed by Dr. Utture.
The MMC is the oldest medical council in the country and has more than 15 lakh doctors registered with it. “Hence, it is high time that we revive ourselves and the entire council and its Act. There are many changes we are planning and the major change will be to amend the 1965 act which is the need of the hour,” he said.
Dr Utture said, whenever there is a complaint against a quack or a hospital cheating a patient, the MMC is forced to rely on police officials and the local municipal health officials. The results of action taken are never shared with the council and the end results are questionable. “To curb all this, as a council and as a responsible body, we would like to take all the responsibilities of the healthcare business in our hands,” he said.
He pointed out that the Delhi Medical Council Act, 1997, is the youngest legislation of its kind and has the appropriate rights as desired by the MMC.
The proposed amendments will be tabled soon before the state health minister Girish Mahajan, he said.
Dr. Dilip Sarda, a senior member of the council and former president of Indian Medical Association, Maharashtra said, “It is time that we need a revision of the MMC. There are many illegalities taking place in the name of healthcare and the amendment will be a major step to bring transparency and help patients and doctors.”
Delhi Medical Council and its powers
The Delhi Medical Council, a statutory body constituted in September 1998, following enactment of Delhi Medical Council Act, 1997, has the powers “to receive complaints from the public (including patients and their relatives) against misconduct or negligence by a medical practitioner, to procced for inquest, take a decision on the merits of the case and to initiate disciplinary action or award compensation and similarly to take action against frivolous complaints.” It is also empowered to reprimand/suspend and de-register medidcal practitioners; or take disciplinary action as deemed appropriate.
When contacted, Dr Girish Tyagi, secretary and registrar, Delhi Medical Council (DMC) said the statutory body has taken action against many nursing homes, laboratories and doctors. Issuing of false medical reports; nursing homes run by non-registered doctors from different states were among the cases dealt with by the body. “Our council is very active in such matters when it comes to illegalities in healthcare,” he said, adding that Maharashtra Medical Council’s initiative to undertake crucial amendments is a welcome step.
