25 Oct 2019

National Medical Commission4 min read

Source: eGazette

The National Medical Commission Act, 2019 (NMC Act) (repealed the Indian Medical Council Act, 1956) provides for the constitution of National medical Commission which shall supersede the Medical Council of India

About the National Medical Commission

Constitution 

  • The NMC act 2019 mentions that  the Central Government shall constitute a Commission, to be known as the National Medical Commission
  • The head office of the Commission shall be at New Delhi

Composition of Commission

  • The Commission shall consist of the following persons to be appointed by the Central Government, namely: 

(a) A Chairperson

(b) Ten ex officio Members; and

(c) Twenty-two part-time Members

  • The Chairperson shall be a medical professional of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any University and having experience of not less than twenty years in the field of medical sciences, out of which at least ten years shall be as a leader in the area of medical education.
  • The following persons shall be the ex officio Members of the Commission, namely:
  1. The President of the Under-Graduate Medical Education Board
  2. The President of the Post-Graduate Medical Education Board
  3. The President of the Medical Assessment and Rating Board
  4. The President of the Ethics and Medical Registration Board
  5. The Director-General of Health Services, Directorate General of Health Services, New Delhi
  6. The Director-General, Indian Council of Medical Research
  7. A Director of any of the All India Institutes of Medical Sciences, to be nominated by the Central Government
  8. Two persons from amongst the Directors of Postgraduate Institute of Medical Education and Research, Chandigarh; Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry; Tata Memorial Hospital, Mumbai; North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong; and All India Institute of Hygiene and Public Health, Kolkata; to be nominated by the Central Government; and 
  9. One person to represent the Ministry of the Central Government dealing with Health and Family Welfare, not below the rank of Additional Secretary to the Government of India, to be nominated by that Ministry.
  • The following persons shall be appointed as part-time Members of the Commission, namely:
    • Three Members to be appointed from amongst persons of ability, integrity, and standing, who have special knowledge and professional experience in such areas including management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology, and economics
    • Ten Members to be appointed on a rotational basis from amongst the nominees of the States and Union territories in the Medical Advisory Council for a term of two years in such manner as may be prescribed
    • Nine members to be appointed from amongst the nominees of the States and Union territories in the Medical Advisory Council for a term of two years in such manner as may be prescribed.

Search Committee for the appointment of chairperson 

The Central Government shall appoint the Chairperson, part-time Members  on the recommendation of a Search Committee consisting of:

  • Chairperson: The Cabinet Secretary 
  • Members: Three experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of medical education, public health education and health research, to be nominated by the Central Government
  • Member:  One expert, from amongst the part-time Members  to be nominated by the Central Government in such manner as may be prescribed
  • Member: One person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology, to be nominated by the Central Government
  • Member:  The Secretary to the Government of India in charge of the Ministry of Health and Family Welfare, to be the Convenor

Term of Office of Chairperson and Members

  • The Chairperson and the part-time Members, other than the part-time Members(experts)  appointed under clauses (b) and (c) of sub-section (4) of section of the NMC act 2019, shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment: Provided that such person shall cease to hold office after attaining the age of seventy years.
  • The term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member

Powers & Functions of the Commission

  1. Lay down policies for maintaining high quality and high standards in medical education and make necessary regulations in this behalf
  2. Lay down policies for regulating medical institutions, medical researches, and medical professionals and make necessary regulations in this behalf
  3. Assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements
  4. Promote, coordinate and frame guidelines and lay down policies by making necessary regulations for the proper functioning of the Commission, the Autonomous Boards, and the State Medical Councils
  5. Ensure coordination among the Autonomous Boards
  6. Take such measures, as may be necessary, to ensure compliance by the State Medical Councils of the guidelines framed and regulations made under this Act for their effective functioning under this Act
  7. Exercise appellate jurisdiction with respect to the decisions of the Autonomous Boards
  8. Lay down policies and codes to ensure observance of professional ethics in the medical profession and to promote ethical conduct during the provision of care by medical practitioners
  9. Frame guidelines for determination of fees and all other charges in respect of fifty percent. of seats in private medical institutions and deemed to be universities which are governed under the provisions NMC act 2019


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