After the NMC on August 2, asked doctors to prescribe generic drugs instead of branded drugs or face penalties, the Indian Medical Association (IMA) had also raised concerns
PUNE The Medico-Legal Society of India (MLSI), a pan India association of doctors and medico-legal experts, has written to the Prime Minister of India and Central Health Ministry claiming that the National Medical Commission’s (NMC) regulations for mandatory prescription of generic medicines violate the fundamental rights of patients and doctors. The society has requested a revision of the regulations before any action is taken.
The MSLI claimed the decision will increase the trust deficit and render doctor patient relationships from bad to worse. (REPRESENTATIVE PIC)
The MSLI claimed the decision will increase the trust deficit and render doctor patient relationships from bad to worse.
After the NMC on August 2, asked doctors to prescribe generic drugs instead of branded drugs or face penalties, the Indian Medical Association (IMA) had also raised concerns.
As per the MLSI, if a person wishes to have better quality branded medicine for their own health, he/she has the fundamental and constitutional right to decide and choose branded or generic medicine.
A letter written by MLSI stated, “Prescribing generic medicines could create a liability of professional negligence on the doctor when a better formulated branded product is available. If any side effects occur due to such drugs, who is medico legally and ethically responsible for it has not been specified in the regulations. If the quality of the medicine is substandard and the patient does not recover, the Registered Medical Practitioner (RMP) is liable for prosecution for medical negligence. He may be exonerated, but has to go through the long, spiralling and exhausting legal battle in consumer, civil and criminal courts.”
Dr Rajeev Joshi, founder of MLSI, said, the RMP should be permitted to prescribe some life-saving drugs which are patented or not available as generic medicines.
“The prescriptions can have a disclaimer that doctors can prescribe the drug and dosage but are no more responsible for the quality of the product dispensed by the chemist. Patients can read the drug labels carefully before purchase and can take a substitute on their own responsibility,” he said.
Dr Joshi, further informed that the guidance does not clarify whether the use of generic medicines is mandatory or otherwise, leading to the possibility of increased litigation.
“Prohibiting the RMP from involvement in scientific educational activities is against the Fundamental Duty of developing the scientific temper and thus against Article 51A (h) of the Constitution of India. The statement that generic medicines improve access to quality care is not evidence-based and compromises providing what is best for a given patient. NMC has no control over the quality of drugs manufactured by pharmaceutical companies which are sold as generic drugs, nor does the RMP have any way to test the quality,” he added.
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