Saturday, September 22, 2018

Kerala law prohibits docs of other states from treating flood victims

But Central Law Allows Those Registered To Practise Anywhere In Country


Rema.Nagarajan@timesgroup.com  21.09.2018

Hundreds of doctors from Maharashtra, Tamil Nadu and Andhra Pradesh were in Kerala providing medical care for victims of the flood. Strictly speaking, these doctors were violating the Kerala law that stipulates that only doctors registered with the state’s medical council can practise there. Similar laws exist in most states.

This has given rise to an absurd situation where thousands of doctors are registered in more than one state and some in as many as five. This is despite the central act governing all Indian doctors clearly stating that anyone registered in the Indian Medical Register (IMR) can practise anywhere in the country.

Doctors in Kerala and Karnataka have gone to court against the law that compels them to register with the state medical councils and renew their registration every five years. The doctors argue that there is no such stipulation in the central law. In areas on the concurrent list, like health, where both Centre and states can enact laws, when a state law is in conflict with the central one, the latter prevails.

The Medical Council of India has added to the confusion by shifting positions. According to the minutes of a MCI ethics committee meeting and its general body in late 2004, the committee had decided that there was no need to register in more than one state as “any doctor who has registered with any state medical council is automatically registered in the Indian Medical Register”.

However, 12 years later, the MCI filed an affidavit in the Punjab & Haryana high court in July 2016 stating that “persons possessing recognized medical qualification are required to be registered with the respective state medical councils within the jurisdiction of which they wish to practise medicine.”

Multiple registration has led to problems in enforcing disciplinary action against a doctor. This had happened in the case of an orthopaedic surgeon practising in Chennai. His name was removed from the medical register permanently by the Tamil Nadu council after he was convicted of pornographic crimes. MCI upheld the permanent removal and stated that all state councils would be informed. However, he continues to practise and his name still figures in the IMR as being registered in Madhya Pradesh.

For the full report, log on to www.timesofindia.com


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