Bharatiya Nagarik Suraksha Sanhita, 2023:
Section 51 of BNSS has substituted Section 53 of the Cr.PC pertaining to the definition of "registered medical practitioner" with the following new definition:
“registered medical practitioner" means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
Bharatiya Nyaya Sanhita, 2023:
Medical practitioner:
In case of Registered Medical Practitioner, if negligent act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Offence of 'causing death by rash or negligence act', prescribed u/s. 304A of IPC, has been retained u/s. 106(1) of BNS with enhanced punishment i.e., from 2 years to 5 years imprisonment. However, for medical practitioners the punishment will still remain to be 2 years (Rajasthan State Judicial Academy, 2024).
Registration of Medical Practitioners and Licence to Practice Medicine Regulations, 2023:
2. Definitions:
b. “Foreign medical graduate” will be an Indian Citizen who has duly qualified to practice modern/allopathic system of medicine, as currently recognised as a Primary Medical Qualification by the National Medical Commission, from an university/institution overseas but does not have primary medical qualification (undergraduate medical degree), from an Indian university or Indian medical college or an Indian institution.
Indian Medical Council Act, 1956:
13. Recognition of medical qualifications granted by certain medical institutions whose qualifications are not included in the First of Second Schedule.—
(4A) A person who is a citizen of India and obtains medical qualification granted by any medical institution in any country outside India recognised for enrolment as medical practitioner in that country after such date as may be specified by the Central Government under sub-section (3), shall not be entitled to be enrolled on any Medical Register maintained by a State Medical Council or to have his name entered in the Indian Medical Register unless he qualifies the screening test in India prescribed for such purpose and such foreign medical qualification after such person qualifies the said screening test shall be deemed to be the recognised medical qualification for the purposes of this Act for that person.
National Medical Commission Act, 2019:
15. (1) A common final year undergraduate medical examination, to be known as
the National Exit Test shall be held for granting licence to practice medicine as medical practitioners and for enrolment in the State Register or the National Register, as the case may be…
(4) Any person with a foreign medical qualification shall have to qualify the National
Exit Test for the purpose of obtaining licence to practice medicine as medical practitioner and for enrolment in the State Register or the National Register, as the case may be, in such manner as may be specified by regulations.
The Goa Medical Council Act, 1991:
17. Special procedure for registration in certain cases.—
(1) No person who possesses a medical qualification granted by any authority in any place outside the territory of India (other than the qualification specified in the Second Schedule or Part II of the Third Schedule to the Indian Medical Council Act, 1956) (Central Act 102 of 1956), shall be registered under this Act, unless the procedure specified in sub-section (2) has been followed.
Illustrative example of a foreign medical qualification:
Further, in the Minutes of the meeting of the Executive Committee held on Monday the 22nd Jan., 2001 at 11.00 am in the Council office at New Delhi.
3. Recognition of Manipal College of Medical Sciences, Pokhara, Nepal for the award of MBBS degree granted by the Kathmandu University u/s 12(2) of the IMC Act, 1956.
Read : The Council Inspectors report (13th,14th & 15th Dec., 2000) carried out for recognition of Manipal College of Medical Sciences, Pokhara, Nepal for the award of MBBS degree granted by the Kathmandu University u/s 12(2) of the IMC Act, 1956.
In view of above, the Executive Committee decided not to recommend recognition of Manipal College of Medical Sciences, Pokhara, Nepal for the award of MBBS degree granted by Kathmandu University u/s 12(2) of the I.M.C. Act, 1956.
Office Note: The Committee advised the office that Inspectors may be directed in writing that they may not give their recommendations on the inspection reports carried out by them. The last para i.e. “conclusion” on page 25 of the inspection report of Manipal College of Medical Sciences, Pokhra, Nepal, be deleted.
Now, whether the Consultant Surgeon practicing at a Goan hospital has a right to perform surgery in Goa without furnishing bona fide registration number of Goa Medical Council:
Decision of the State Medical Council on 19.07.2024 reveals:
“11. Practicing without registration with Goa Medical Council, a notice was served to Dr… on 13-03-2024 to explain why he had not registered with Goa medical council.”
The State Medical Council observed as follows:
Dr… explained vide his letter dated 14-03-2024 that delay was because the Medical Council of another State had not issued NOC for the same. There was a strike going on there. He mentioned that he would submit the same within 15 days. However, since it was not submitted till 9th May, he was advised to stop practice in Goa. He submitted NOC later and was given registration and allowed to practice from 21-05-2024. Having admitted to practicing without registration for more than 10 months without registration, the Committee was of the opinion that a penalty of Rs 10,000/- shall be laid on the Doctor.
