On June 28, 2017, the Medical Education Minister, Girish Mahajan had appointed a three-member committee in order to build the framework of proposed law against the cut practice. The committee has prepared the primary draft of the law and has recommended strict actions against the doctors who are involved in cut practice.
The committee has recommended an imprisonment up to 5 years or a fine of Rs 50,000 or both for healthcare service provider who would be found guilty. In addition to this, the Anti-Corruption Bureau will investigate the complaint against the doctor.
The incapacity of Indian Medical Council to keep the check on professional misconduct of doctors has also been pointed out in the primary draft.
While talking to My Medical Mantra,Pravin Dixit, Former DG Maharashtra and Head of the Government-appointed committee, said, “The Indian Medical Council Act and other relevant acts have not been able to put the check on the rampant ongoing corrupt practices. The acts don’t have the teeth to curb corruption. Unless we make these unethical practices as illegal, the corrupt practice will not stop. That is why the government has proposed to bring special enactment in the form of this Act to prevent cut practice.”
It is specifically mentioned in the act that the medical council shall take cognisance of a FIR filed against the guilty healthcare service provider. Also, the medical council is asked to take an appropriate legal action against the offenders and may also suspend the healthcare service provider license for a minimum period of three months, if found necessary.
Details of the proposed law
- Any kind of involvement by a healthcare service provider in the cut practice will be illegal
- It will be illegal to be benefitted from cut practice in any manner whatsoever
- Every person who at the time of offence was in charge of and was responsible for the conduct of the day to day business of such healthcare service provider shall be held vicariously responsible
- Authorities including dean, director, partner proprietor, manager, trustee and chief executive officer of the said healthcare service provider will be held responsible
- Simple imprisonment up to 5 years or a fine of Rs 50,000 or both for guilty healthcare service provider