ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND
FAMILY WELFARE
(SMT. ANUPRIYA PATEL)
(a) & (b): The Department of Pharmaceuticals has, keeping in view the reports that pharmaceutical companies indulge in unfair practices, formulated the “Uniform Code for Pharmaceutical Marketing Practices (UCPMP)”. It has come into operation with effect from 01.01.2015.
(c): The Government is aware of the reports appearing in the media from time to time about the tests and procedures being prescribed by doctors that may not necessarily be required. The Ministry has also received some communications on the subject from Hon. Members of Parliament.
(d) & (e): Health is a State subject. The Government of India has, however, enacted the Clinical Establishments (Registration and Regulation) Act, 2010 and notified Clinical Establishments (Central Government) Rules, 2012. These provide for registration and regulation of Clinical Establishments including those in the private sector belonging to Allopathic and AYUSH systems of medicine. Therapeutic as well as diagnostic establishments are covered under this Act. The Act is currently applicable in ten States and all Union Territories except Delhi. The enforcement of this Act is with the States/Union Territories.
(f) & (g): The Clinical Establishments (Registration and Regulation) Act, 2010 provides sufficient scope for the States and Union Territories for effectively redressing public grievances and checking immoral practices. Further, the MCI and State Medical Councils are empowered to take action against a doctor for violation of the provisions of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002. The complaints related to overcharging, deficiency in medical care, etc. can also be filed in District/State/National Consumer Disputes Redressal Forums under the Consumer
Download PDF Files