THE evolution of fight against NMC-2nd.part

NMC Act&rules Enforcement.

As stipulated u/s 1(3) of the NMC Act, all sections shall be duly notified before they are enforced. It means, unless these sections are notified precisely, they will not be enforced.

• Enforcement of NMC Act: Though the NMC Act has been notified vide Gazette Notification dated August 8, 2019, Section 1(3) of the said Act provides that: "It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision."

·         Act has been notified for general information on August 8, 2019 and

·         On August 9, 2019 Govt requested all States to nominate representatives for the Medical Advisory Council. 

·         MOH Constitution of various bodies and making of rules have been brought into force vide the notification dated September 2, 2019.

            The Ministry of Health and Family Welfare, through a notification dated 2^nd September, 2019 has notified a few provisions of National Medical Commission Act, 2019 (“Act”), effective 2^nd September, 2019.

In exercise of the powers conferred by sub-section (3) of section 1 of the National Medical Commission Act, 2019 (30 of 2019), the Central Government hereby notifies that the provisions of sections 3, 4, 5, 6, 8, 11, 16, 17, 18, 19, 56 and 57 of the said Act shall come into force with effect from the 02nd day of September, 2019.

The said sections primarily pertain to the constitution of the NMC and the various bodies under it.

Section 3,4,5,6 deal with the composition, the constitution, the appointment of the search committee and the term of members of the Commission respectively.

 Section 8 deals with Appointment of Secretary, experts, professionals, officers and other employees of the National Medical Commission.

Section 11 of the NMC Act deals with the Constitution and composition of Medical Advisory Council while section 16, 17, 18  and 19 deal with Constitution, Composition of Autonomous Boards, the Search Committee for appointment of President and Members and the Term of office and conditions of service of President and Members respectively.

Section 56 and 57 define the powers to make rules and regulations under the Act.

 

The following provisions of the Act stands notified:

S. No.	Notified Provisions	Content
1.	Section 3	Constitution of National Medical Commission
2.	Section 4	Composition of Commission
3.	Section 5	Search Committee for appointment of Chairperson and Members
4.	Section 6	Term of office and conditions of service of Chairperson and Members.
5.	Section 8	Appointment of Secretary, experts, professionals, officers and other employees of Commission
6.	Section 11	Constitution and composition of Medical Advisory Council
7.	Section 16	Constitution of Autonomous Boards
8.	Section 17	Composition of Autonomous Boards
9.	Section 18	Search Committee for appointment of President and Members
10.	Section 19	Term of office and conditions of service of President and Members
11.	Section 56	Power to make rules
12.	Section 57	Power to make regulations

                                                         NEXT exam

The NMC Act under Section 15 has also brought in a common final year undergraduate medical examination, to be known as the National Exit Test (NEXT), to be held for granting licences to practise medicine as medical practitioners and for enrolment in the State Register or the National Register. The NEXT will be the basis for grant of licence to practice medicine in the country for both foreign medical graduates and Indian graduates.

Further, the NMC is also responsible for conducting the NEXT, which shall become operational on a date appointed by the Central Government, which shall be within three years from the date of commencement of the NMC Act.

Legalised quackery

Section 32 of the NMC Act provides for the power of the NMC to grant a limited licence to practise medicine at mid-level as a Community Health Provider.                                      

                      Constitution of NMC& Its powers:

Central govt- MOH.                    

7 Member Search Committee ( the constitution of which will be governed in terms of Section 5(1) of the NMC Act).

The National Medical Commission be constituted under   Chapter II of the NMC Act.

As per Section 4(1), the NMC will be comprised of thirty three members:

One chairman appointedby central govt + 10 ex-officios + 19 part timers nominated by states +3part timers nominated by central.

Government selects 25 members of National Medical Commission- 14 Oct 2019,

·         For selecting members of the commission, that replaces the Medical Council of India (MCI), health ministry held a draw of lots

·         The draw of lot was held from the nominations sent by the state governments, union territories and state medical councils

 

Section 10 of the NMC Act elaborates on the powers and functions of the NMC.- policy maker,policy monitor in relation to  total health care including medical infrastructure, education,research &practice.

                         

                             Medical education Fees structure:

Section 10(1)(i), requires the NMC to frame statutory 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 of the NMC Act.

·        The fee of the State government medical colleges will continue to be regulated by the States.

·         The fee of 50% seats of private medical colleges and deemed universities determined by NMC.

                       

                              MAC shall only advise the NMC:

The Medical Advisory Council (MAC) by the Central Government. Section 11 of the NMC Act provides that the MAC would be comprised of the ---

·         ex-officios: Chairperson and all members of the NMC ,

·         the Chairman of the University Grants Commission,

·         the Director of the National Assessment and Accreditation Council, and

·         various other members to be nominated by the State Governments, Ministry of Home Affairs in the Government of India, State Medical Council, and the Central Government.

MAC shall act as the primary platform through which the States and Union Territories may put forth their views and concerns before the NMC and help in shaping the overall agenda, policy and action relating to medical education and training. 

 

Autonomous Boards --- MEB UG and MEB PG  & MAB &MRB

Chapter V of the NMC Act (Autonomous Boards) provides for constitution by the Central Government of the following autonomous boards under the supervision of the NMC:

• Under-Graduate Medical Education Board;
• Post-Graduate Medical Education Board;
• Medical Assessment and Rating Board; and
• Ethics and Medical Registration Board.

The powers and functions of the abovementioned autonomous boards have been provided for under Sections 24, 25, 26 and 27 of the NMC Act.

Section 61 of the NMC Act clarifies EVEN THOUGH repeal of the IMC Act was done, the rules and regulations of IMC shall continue to be in force and operate till new standards or requirements are specified under the NMC Act .

Points to ponder:

In the past five years(2014-19), 158 new medical colleges have been established and around 29,000 MBBS seats increased.

As per phase 3 of the central scheme, more government medical colleges in the near future.