New Delhi: Announcing a crackdown on the doctor-pharma nexus that seems to be running in various forms across the country, the National Medical Commission in its recently issued "National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2022" has laid down many points prohibiting doctors AND THEIR FAMILIES from taking any kinds of gifts or money from pharma and medical device companies, linking the same to a penalty that can go upto 3 months suspension. The guidelines also state that doctors may have to file an affidavit declaring their financial earnings and or benefits received in the past 5 past years from any pharmaceutical companies or allied health sector
Point 35 of the Chapter on "Duties of RMPs towards the Public and Allied Healthcare Professionals" clearly state that RMPS and their families cannot receive any gifts cash or kind from Pharma, going ahead and also preventing them from being involved in any CME ( now CPD), seminar, conference etc that is being by pharma. It clearly states
RMPs and their families must not receive any gifts, travel facilities, hospitality, cash or monetary grants, consultancy fee or honorariums, or access to entertainment or recreation from pharmaceutical companies, commercial healthcare establishments, medical device companies, or corporate hospitals. However, this does not include salaries and benefits that RMPs may receive as employees of these organizations. Also, RMPs should not be involved in any third-party educational activity like CPD, seminar, workshop, symposia, conference, etc., which involves direct or indirect sponsorships from pharmaceutical companies or the allied health sector.RMP should be aware of the conflict of interest situations that may arise. The nature of these relationships should be in the public domain and should not be in contravention of any law, rule, or regulation in force. An RMP himself or as part of any society, organization, association, trust, etc. should be transparent regarding the relationship with the pharmaceutical and allied health sector industry. (L3)
Point 36 also states that doctors may be required to file an affidavit declaring their dealings with pharma
RMPs may be required to file an affidavit regarding their financial earnings and or benefits received in the past 5 past years from any pharmaceutical companies or allied health sector. (L3)
The two points have been categorized as Level 3 for Penalties under the draft regulation, meaning the violation of the same will bring a penality which can involve suspension of license to practice for a maxmim period of three months
Level 3: This penalty may be awarded when the role of the doctor in causing direct harm was conclusively proved and the doctor was found to have breached relevant regulation. This maximum action is a suspension of the license to practice for a maximum period of three months. Holding suspension can be given in this level as per regulations