Multiple State Medical Council Registrations;

NO. MCI-211 (2)/2004-Ethical/ MEDICAL COUNCIL OF INDIA NEW DELHI-110002.
Minutes of the meeting of the Ethics Committee held on 2nd & 3rd September, 2004 at 10.00 A.M in the Council Office, Aiwan-E-Galib Marg, Kotla Road, Opp. Mata Sundari College (For Women), New Delhi-110002.

Agenda 32; The Ethics Committee considered the letter dated 28.08.2004 of Sh. Maninder Singh, Council Advocate, in respect of Case No. WP (C) No. 317/2000 – Malay Ganguly Vs. MCI, wherein he has requested this Council to take some action in view of the judgement of this particular case. The Secretary of the Council has requested the Ethics Committee to consider this matter.

The Ethics Committee, after due consideration, decided to recommend the following :- 
Q. No. (i) Whether a medical practitioner can be allowed to seek and obtain registration with more than one State Medical Council? 
Ans. – As such there is no necessity of Registration in more than one State Medical Council because any Doctor, who has registered with any State Medical Council is automatically registered in the Indian Medical Register and also by virtue of Section 27 of the IMC Act, 1956, a person, whose name is included in the IMR, can practise anywhere in India. 
Q. No. (ii) If the answer of the above mentioned question is in the negative, then how to create a prohibition that no medical practitioner should be allowed to seek and obtain registration with more than one State Medical Council? 
Ans. – As the answer of the above mentioned Q. No. 1 is in the negative, hence the prohibition is required stating that no medical practitioner should be allowed to seek and obtain registration with more than one State Medical Council. This may be done by doing necessary amendment of the IMC Act, 1956 or by amendment of MCI Regulations of 2002. 
Q. No. – (iii). If the MCI is of the view that the registration with more than one State Medical Council should not be permitted then, in my view, either an amendment to the Act would be required or such prohibition should be considered to be imposed through an amendment of Regulations of 2000 of the MCI by clearly laying down that no medical practitioner shall be entitled to seek and obtain registration with more than one State Medical Council. 
Ans. – By way of amendment as proposed in Ans. No. 2, the amendment may clearly state that “No medical practitioner shall be entitled to seek and obtain registration with more than one State Medical Council.” 
Q. No. – (iv) In that event each State Medical Council would be required to be requested to ensure that while considering and granting permanent registration to any medical practitioner, it should obtain an affidavit/declaration from the applicant that he/she has neither sought nor has already obtained registration from any other State Medical Council. 
Ans. – We agree with the proposal given by the Council Advocate. 
Q. No. - (v) If any medical practitioner is found to be registered with more than one State Medical Council and there is a complaint of alleged medical negligence then, in my view, it would be that State Medical Council who would be empowered to consider the case of alleged medical negligence in whose territory the said alleged negligence has taken place. 
Q. No. – (vi) Even if a medical practitioner is practicing in more than one State, in my view, it should be that State Medical Council in whose territory the said medical practitioner is predominantly practicing, which should grant registration to him/her. In this regard, your attention is invited to the relevant portion of the provisions of Section 33 and 34 of the Dentists Act, 1948 :- “33 (1) A person shall be entitled on payment of the prescribed fee have his name entered on the registered when it is first prepared, if he resides or carries on the profession of dentistry in the State and if he – 16 a) Holds a recognized dental qualification, or b) ………. 34. (1) After the date appointed under Sub-section (2) of Section 32 a person shall, on payment of the prescribed fee, be entitled to have his name entered on the register of dentists, if he resides or carries on the profession of dentistry in the State and if he - i) Holds a recognized dental qualification, or ………. 
Ans. – (v) & (vi) In case of medical practitioner, who is registered with more than one State Medical Council against whom there is a complaint of alleged medical negligence, his case may be dealt with as under :- 
a) If the negligent Act has taken place in the territory of State Medical Council with which he had already registered, then it will be tackled by that State Medical Council. 
b) If the alleged negligent Act has taken place in a territory of a State with which he has not registered, in that case, the matter will be dealt with by the State Council with which he has registered first. 
c) If the alleged negligent Act has taken place in anywhere else in the country where no State Medical Council is existing, then the case will be dealt with by the Council with which he has registered first. 
d) Those issues, of which the violation falls within the purview of the MCI, the action will be taken by the MCI. In view of the fact that medical education comes under the purview of the MCI, hence all matter pertaining to medical teachers and Principals/Deans of different medical colleges, will be directly dealt with by the MCI wherein unethical act has taken place as per MCI Regulations. It is the feeling of the Ethics Committee that MCI should ultimately cease to be a primary registering authority except for such States, who do not have a State Medical Council at present and this responsibility should also cease when such medical councils are created. The Ethics Committee recommends that as Medical Council of India is the custodian of the IMR, all Doctors registering in a State Medical Council would also fill a separate form and pay such necessary fees as are fixed. The form along with the fees including a copy of the registration certificate is issued by State Medical Council along with a photograph of the Doctor duly pasted and attested by State Medical Council, shall be sent for each Registered Doctor to the MCI for inclusion of the names in the IMR. The MCI shall keep detailed records of the Doctors by scanning all the materials submitted. This may be placed before the Executive Committee of the Council for consideration."

This answers many questions regarding multiple State Medical Council registrations.

Dr Neeraj Nagpal
9316517176
Convenor MLAG