Doctors can now refuse to treat abusive, violent patients or relatives: NMC

The National Medical Commission (NMC) has introduced regulations that empower doctors to decline treatment to abusive and violent patients or their relatives while ensuring that the patients are not abandoned. This new regulation was passed to protect doctors from the rising instances of violence against medical practitioners. The newly issued NMC Registered Medical Practitioner (RMP) […]

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The National Medical Commission (NMC) has introduced regulations that empower doctors to decline treatment to abusive and violent patients or their relatives while ensuring that the patients are not abandoned.

This new regulation was passed to protect doctors from the rising instances of violence against medical practitioners.

The newly issued NMC Registered Medical Practitioner (RMP) (Professional Conduct) Regulations, 2023 underscore the rights and responsibilities of medical practitioners. According to the official notification dated August 2, doctors now have the authority to decline treatment to ‘abusive, unruly, and violent patients or relatives’.

“The RMP who attends to the patient will be fully accountable for his actions and entitled to the appropriate fees. In case of abusive, unruly, and violent patients or relatives, the RMP can document and report the behaviour and refuse to treat the patient. Such patients should be referred for further treatment elsewhere,” the gazette notification mentioned under the duties of RMPs towards their patients said.

These regulations are scheduled to replace the Medical Council of India’s (MCI) Code of Medical Ethics from 2002. For the first time, doctors will be granted the right to decline treatment to patients exhibiting unruly or violent behaviour, with the objective of deterring acts of violence against medical professionals.

“RMP is free to choose whom he will serve, except in case of a life-threatening emergency. Having accepted a case, the RMP should neither neglect the patient nor withdraw from the case without giving adequate notice to the patient and his family. If a change of RMP is needed (for example, the patient needs a procedure done by another RMP), consent should be obtained from the patient himself or the guardian. The RMP who attends to the patient will be fully accountable for his actions and entitled to the appropriate fees,” the notification said.

Doctors can’t take gifts, privileges from pharma companies, must declare fees: NMC

Furthermore, the notification said that RMPs and their families are prohibited from receiving gifts, and facilities from pharmaceutical companies.

“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 or their representatives, commercial healthcare establishments, medical device companies, or corporate hospitals under any pretext,” the notification said.

The regulations outline that RMPs are excluded from this restriction if they receive salaries and benefits as employees of the aforementioned organisations.

The regulations also address RMPs’ engagement in third-party educational activities that receive sponsorships from pharmaceutical companies or the allied health sector. According to the notification, “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.”

Under the ‘Right to remuneration of a RMP’, the notification requires RMPs to communicate consultation fees to patients before conducting examinations or administering treatments.

“A reasonable estimation of the cost of surgery or treatment should be provided to the patient to enable an informed decision. RMP can refuse to treat or to continue to treat a patient if the fees, as indicated, are not paid,” the notification said.