Posted By :  Admin1

New Delhi: The National Medical Commission's internal panel is considering endorsing only "ethical" advertisements by corporate hospitals, aligning with the guidelines outlined in the Professional Conduct of Registered Medical Practitioners regulations issued in August 2023, which were later withdrawn amid protests by the Indian Medical Association. This move follows the commission's attempt last year to establish uniform ethical standards for both doctors and hospitals offering healthcare services, addressing concerns surrounding advertising practices. Dr. Yogender Malik, a member of the National Medical Commission (NMC) and chairman of the committee, has stated that the panel is currently drafting a report based on its members' suggestions, intending to submit it to the Supreme Court (SC). Formed following a directive from the SC during the hearing of a public interest litigation (PIL) filed by Dr. Aniruddha Malpani, a Mumbai-based infertility expert, last year, the NMC's seven-member panel aims to address concerns raised regarding the unchecked advertising practices of corporate hospitals and emerging venture capital-funded healthcare startups. Documents accessed by ThePrint  reveal a consensus among the panel members that ethical advertising standards applicable to doctors should also extend to hospitals, including corporate ones. The minutes of a recent meeting indicate that the panel believes Section 10.1.(h) of the Indian Medical Council (Professional Conduct, Etiquette And Ethics) Regulations, 2002, empowers the NMC to regulate hospitals in addition to medical professionals, thereby ensuring adherence to professional ethics in the medical profession. The NMC panel has noted that it could establish regulations in this matter if deemed necessary by the Hon’ble Court. The minutes of the meeting indicate that panel members have recommended issuing guidelines addressing "unethical" advertisements by corporate hospitals, while ensuring consistency with existing professional conduct standards, which are currently on hold. As per the NMC's 2023 professional conduct guidelines, registered medical practitioners (RMPs) and entities like corporate hospitals are permitted to advertise across various platforms, provided the content is limited to the institution's name, types of patients treated, staff qualifications, facilities offered, and fees. Violations could result in penalties such as warnings or 30-day license suspensions for the involved doctors, according to the proposed norms. Malpani expressed that while the NMC's proposed regulation on advertisements by large hospitals was a positive step, a ruling from the Supreme Court could significantly impact the situation. Malini Aisola, co-convenor of the All India Drug Action Network, a patients' rights group, echoed similar sentiments, stating that the withdrawn NMC norms were well-considered. She noted the positive stance taken by the panel as well. Under the Indian Medical Council Act, 1956, the professional conduct and ethics regulations of 2002 currently forbid physicians from engaging in self-promotional advertising, which includes any publicity that could be perceived as self-aggrandizing regarding their professional standing, skills, qualifications, achievements, or honors. These regulations also prohibit doctors from boasting about cases, operations, cures, or remedies, or allowing the publication of such reports through any means. However, formal announcements in the press are permitted for matters such as the initiation of medical practice, changes in practice type or address, absence from duty, or resumption of another practice. Notably, the existing regulations do not address hospitals, leaving large corporate facilities free to advertise themselves. Malpani observes that corporate hospitals view patients as customers and aim to maximize revenue, making advertising a crucial tool for them. "To increase patient visits and potentially encourage unnecessary diagnostic tests and treatments, corporate hospitals invest heavily in advertising," he asserted. However, he added that the concern arises from the fact that while the NMC can regulate doctors, it lacks authority over corporate entities, making a Supreme Court directive crucial. "Restricting advertisements by corporate hospitals would empower patients to make informed decisions about their treatment, rather than being influenced by the marketing tactics of large facilities," Malpani stated. Conversely, some hospital industry experts argue that limited advertising serves to communicate essential information such as practice commencement, address changes, or fee declarations, thereby enhancing transparency and accessibility to healthcare services. Dr. Dharminder Nagar, managing director of Paras Hospitals, a group operating across several northern Indian cities, highlighted the role of limited advertising in informing the public about available medical facilities and specialties. Nagar, also a member of the Federation of Indian Chambers and Industries (FICCI) health services committee, emphasized that limited advertising for hospitals and registered medical professionals, guided by ethical principles set forth by the NMC, can facilitate transparent communication, public awareness, and patient empowerment. "By striking a balance between promotion and ethical conduct, healthcare stakeholders can contribute to a more accessible, informed, and trustworthy healthcare ecosystem in the country," he stated. Additionally, Nagar, who heads the northern regional healthcare committee at the Confederation of Indian Industry (CII), underscored the necessity of regulations on advertisements by corporate hospitals. For instance, he noted the importance of ensuring that advertised data is supported by evidence and cautioned against making unsubstantiated claims, such as guaranteeing 100 percent success for a treatment or procedure.