NMC announces Rs 1 crore fine on medical colleges violating norms, spells out harsh penalties

NEW DELHI: Medical colleges failing to comply with statutory provision, regulations and minimum standards of requirements will be fined Rs 1 crore per violation, the National Medical Commission (NMC) said. And, faculties submitting false documents will be slapped with a monetary penalty of Rs 5 lakh.

The NMC published the “Maintenance of Standards of Medical Education Regulations, 2023” (MSMER-2023) regulations on September 19, which laid down rules pertaining to medical institutions’ annual disclosure reports and evaluation, compliance of guidelines and penalties for violations of regulations.

The commission will halt processing of all applications of medical colleges that attempt to pressurise the NMC through individuals or agencies, the guidelines prescribed in MSMER-2023 read.

Through MSMER-2023, NMC aims “to ensure smooth compliance with its functions in general and particularly to maintain a high quality and high standards in medical education.”

Medical college reports and evaluation

As per the regulation, the medical colleges are obligated to furnish an ‘annual disclosure report’ to the corresponding board of NMC wherein they have to satisfy the conditions provided under the notified Minimum Standard Regulation (MSRs) by Undergraduate Medical Education Board (UGMEB) or Postgraduate Medical Education Board (PGMEB) and regulations of NMC.

The UGMEB and PGMEB may seek additional information with regard to the annual disclosure report for their assessment. In such cases, medical colleges will have to submit the information in prescribed format at the earliest but not later than 30 days from the date of receipt of communication.

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In its evaluation, the boards of NMC will check following –

• Verification of physical infrastructure

• Availability of required number of qualified faculty for actual teaching and research

• Availability of adequate clinical material

• Assessment of the teaching methodology adopted

• The methods and modes of assessment, grading of the students

• Review of feedback from students

• Other parameters related to standards of medical education that may be added from time to time by the respective boards or NMC

“If the applicant fails to submit such information or clarify or provide additional documents etc., as mandated by the respective board within such prescribed time including any additional time provided by the respective board, shall be deemed as non-compliance with the regulations and shall attract penalty,” NMC said.

The board(s) will have to mandatorily share conduct of evaluations and its outcomes to other Boards and NMC at the earliest but not exceeding seven days.

The medical colleges successfully meeting requirements as prescribed by the UGMEB or PGMEB will be provided a renewal certificate for continuation of the courses and admission of students thereof for the next academic year.

NMC penalties on medical colleges

If the NMC board has any reason to believe that a medical institution has failed to comply with any statutory provision, regulations or has not complied with the MSR as prescribed by their respective boards, or has conducted themselves in any manner which is not in accordance with the goals of medical education and practice, the board shall “either penalize the medical college or conduct further enquiry into such act and wherever needed provide an opportunity to rectify the same.”

NMC has said that it will impose a monetary penalty not exceeding Rs 1 crore per violation or for an act of omission by the medical institution.

According to regulation, monetary penalty not exceeding Rs 5 lakh will be levied on the faculty or Head of the Department (HoD) or dean or director or doctor submitting false declaration or documents or records (including patients’ records). “Further, they can also be charged or penalized for misconduct under the Registered Medical Practitioner (Professional Conduct) Regulations in vogue,” it said.

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Medical colleges will also be penalised for reducing the number of students in the next or subsequent academic years to be admitted by the medical institution and stoppage of admission to one or more of the courses in the next or subsequent academic years.

Further, the UGMEB, PGMEB or the NMC may also initiate criminal proceedings for furnishing false information, or fabrication of false documents as per the criminal law in force at that time.

A medical college or medical institution or any such aggrieved person may file an appeal before the NMC with an appropriate fee as specified against any order within 60 days of passing of such an order or lapse of time, as the case may be.

The medical colleges will also be able to approach the central government if they are aggrieved by the decision of the NMC or if the commission fails to give its decision within 45 days from the date of receipt of an appeal.

However, they will have to file a second appeal before the central government within 30 days from the date of such order or lapse of time. The decision of the central government in this regard shall be final, the NMC said.