Rajya Sabha Passes the National Medical Council Bill, 2019; End of Indian Medical Council Act, 1956 & Medical Council of India!

Rajya Sabha has passed the National Medical Council Bill, 2019 today, i.e. 01-08-2019. The Act will be called the National Medical Commission Act, 2019.

The bill will replace the Indian Medical Council Act, 1956.

This Bill is aimed towards the following objectives:

  • provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high-quality medical professionals in all parts of the country;
  • that promotes equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; that promotes national health goals;
  • that encourages medical professionals to adopt the latest medical research in their work and to contribute to research;
  • that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register for India and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto.

The National Medical Council Act, 2019 will have in total of 60 Sections.

Major Sections under the Bill have been listed under:

Section 3

Constitution of National Medical Commission
Section 4 Composition of Commission
Section 5 Search Committee for the appointment of Chairperson and Members
Section 6 Term of office and conditions of service of Chairperson and Members
Section 7 Removal of Chairperson and Member of Commission
Section 8 Appointment of Secretary, experts, professionals, officers and other employees of Commission.
Section 9 Commission formed under Section 4 has to meet atleast once every quarter
Section 10 Powers and functions of the Commission are defined under this Section.
Section 11-13 Composition & Constitution of a ‘Medical Advisory Council’ which will be the primary platform through which ‘State and UT’s’ will put forth their concerns. Functions and powers of the same will also be defined.
Section 14 National Eligibility-cum-Entrance Test.
Section 15 “National Exit Test”: This will be the common final year UG Examination for granting licence to practice medicine as medical practitioners & enrolment in State Register or National Register.
Sections 16 to 27 These sections will comprise the formation of 4 autonomous boards. Their Powers and Functions along with sub-committees that will be formed under them.
Section 28 For starting a new medical college or start any PG Course or to increase the number of seats, the permission has to be taken from “Medical Assessment and Rating Board”.
Section 29 The Criteria for approving or disapproving as stated in Section 28 will depend on certain factors which are mentioned in this Section.
Section 30 State Medical Council, if not present in any State will be formed as per this Section.
Section 31 “Ethics and Medical Registration Board” as formed under Section 16 of the Act will be responsible for maintaining :

  • National Register & State Register

The said registers will be electronically maintained and synchronised.

Section 32 “Community Health Provider” Commission may grant limited licence to practice medicine at mid-level as Community Health Provider to such person connected with the modern scientific medical profession.
Section 33 Persons who qualify the “National Exit Test”, will have the right to obtain license to practice and get enrolled in the National Register or State register as defined under this Section.
Section 34 [Bar to Practice] This pertinent Section states that person who is not enrolled in the National or State Register shall not be allowed to practice medicine.
Section 35 [Recognition of Medical Qualifications] Medical qualification granted by any University or medical institution in India shall be listed and maintained by Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board
Sections 36 & 37 Recognition of medical qualifications granted by medical institutions outside India.

&

Recognition of medical qualifications granted by statutory or other bodies in India.

Section 38 This Section pertains to the “withdrawal” of the recognition granted upon receiving a report from the Medical Assessment & Rating Board. The decision will be taken by the Commission.
Section 42 “National Medical Commission Fund” shall be constituted which will form a part of the public account of India.
Section 44 Furnishing of returns and reports to the Central Government.
Section 45 to 47 Power of Central Government to give directions to Commission and Autonomous Boards.
Section 50 Joint sitting of the Commission, the Central Council of Homoeopathy and the Central Council of Indian Medicine at least once a year.
Section 55 Power of Central Government to supersede Commission.
Section 56 Every rule and every regulation made, and every notification issued, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions.
Section 60

The Indian Medical Council Act, 1956 shall stand repealed and the Medical Council of India constituted under sub-section (1) of Section 3 of the said Act shall stand dissolved.

 


Ministry of Law and Justice

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