Demand for pan India practice and prohibit SMCs from imposing CME credits for registration renewal,

 Requesting all presidents and secretaries of  local branches to send the letter( already Sent by me) to NMC and you can use the below letter as template.

Letter to chairman of NMC for Urgent Addressal of Contradictory Regulations Impacting Medical Practitioners’ Practice and Registration Renewal.

To,

The Chairman,

National Medical Commission,

Pocket-14, Sector-8, Dwarka,

New Delhi - 110077

 

Subject: Urgent Addressal of Contradictory Regulations Impacting Medical Practitioners’ Practice and Registration Renewal

 

Dear Sir/Madam,

 I am writing to highlight two pressing concerns affecting registered medical practitioners in India: the restriction on practicing across states and the imposition of renewal requirements linked to Continuing Medical Education (CME) credits. These issues, rooted in contradictions between the National Medical Commission (NMC) Act, 2019, the NITI Aayog’s Preliminary Report on Health Reforms (August 7, 2016), the erstwhile Indian Medical Council (IMC) Act, 1956, and the Registration of Medical Practitioners and License to Practice Medicine Regulations, 2023 (published May 10, 2023), demand immediate attention to safeguard the medical fraternity’s rights and ensure equitable healthcare delivery.

 1. Restriction on Practitioners’ Ability to Practice Across India 

The IMC Act, 1956, under Section 27, explicitly granted registered medical practitioners the privilege to practice anywhere in India without additional conditions, ensuring mobility and flexibility, particularly for doctors in border areas or specialists serving multiple regions. However, the NMC’s 2023 Regulations introduce a state-specific licensing requirement, mandating that practitioners obtain and renew a license every five years for a single state or union territory. This provision negates the pan-India practice privilege, creating significant barriers for practitioners working across state lines or relocating due to professional or personal reasons. 

 

The NMC Act, 2019, does not explicitly contravene the IMC Act’s provision for nationwide practice, yet the 2023 Regulations impose restrictive conditions not envisioned in the parent legislation. This contradiction undermines the spirit of a unified national medical register. The medical fraternity demands that any practitioner registered in the National Medical Register be permitted to practice anywhere in India without state-specific licenses. Alternatively, the NMC should allow licensing in multiple states or issue a pan-India license for a single fee. For complaints, proceedings should be handled by the State Medical Council (SMC) where the cause of action occurs, with practitioners’ acknowledgment.

 

2. Mandatory Renewal with CME Credits 

The NMC’s initial framework under the Registered Medical Practitioner (Professional Conduct) Regulations, 2023, proposed mandatory license renewal every five years linked to CME credits. Although this requirement was withdrawn on August 24, 2023, following objections, its prior inclusion reflects a contradiction with the NMC Act, 2019, and other authoritative guidelines. Sections 33, 34, and 35 of the NMC Act outline registration conditions without authorizing additional requirements like CME credits or Continuing Professional Development (CPD) hours. Imposing such conditions exceeds the legal scope of the NMC Act and its regulations.

 

The NITI Aayog’s Preliminary Report on the Reform of the Indian Medical Council Act, 1956 (Section 3.7(f)), explicitly advised against mandatory renewal or re-licensing, deeming it premature given the systemic transition to the NMC framework. It suggested voluntary recertification as a long-term goal, not a compulsory mandate. The IMC Act, 1956, also made no provision for periodic renewals or CME-linked conditions, ensuring lifelong registration based on initial qualifications. The 2023 Regulations’ attempt to mandate renewals, even temporarily, conflicts with these precedents and places undue administrative and financial burdens on practitioners, often benefiting commercial CME providers.

 

The Karnataka experience exemplifies this issue. The Karnataka Medical Council’s CME-linked renewal mandate (introduced in 2013) was challenged in the Hon’ble High Court of Karnataka through multiple writ petitions (e.g., WP 65832-34/2016, WP 65861-65862/2016, WP 407-421/2017, WP 820-832/2017, WP 954-983/2017, WP 1584-93/2017, WP 21234/2017, WP 40580/2017). The court issued stay orders against deregistration for non-compliance, and the matter remains sub-judice. Subsequently, the Karnataka Medical Registration Act, 2017, was amended in 2024 (Karnataka Act No. 41 of 2024) to align with NMC regulations, nullifying CME-linked renewals.

 

Recommendations/Demands: 

- Amend the 2023 Regulations (Registration of Medical Practitioners and License to Practice Medicine Regulations, 2023) to restore the IMC Act’s privilege of pan-India practice, allowing practitioners to work across states without state-specific licenses or enabling multi-state/pan-India licensing for a single fee. 

- Permanently prohibit SMCs from imposing CME credits or other conditions for registration or license renewal, ensuring strict adherence to the NMC Act, 2019, and NITI Aayog’s recommendations. 

 

These contradictions between the NMC Act, NITI Aayog’s report, the IMC Act, and the 2023 Regulations create confusion, restrict professional mobility, and impose unwarranted burdens. The NMC must act swiftly to resolve these issues, engaging stakeholders to align regulations with legal and policy frameworks, thereby supporting practitioners and enhancing healthcare access nationwide.

Thank you for your attention. I await your prompt action to address these concerns.

 

Yours sincerely, 

Dr.CSRaju

19^th.April 2025.