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The National Medical Commission (NMC) is taking steps to tackle advertising concerns within corporate hospitals. It has decided to establish a committee to investigate this issue. This panel’s primary focus will be assessing the types of advertisements used by these hospitals and determining if specific regulations should govern their advertising practices.
In its recent 12th meeting, the NMC made the decision to compile a comprehensive report on this matter, intending to submit it to the Supreme Court based on the recommendations provided by this newly formed committee.
This action follows a notice issued by the Supreme Court in response to a Public Interest Litigation (PIL) filed by Dr. Aniruddha Malpani, an infertility expert from Mumbai. Dr. Malpani’s plea urged the court to direct the formulation of comprehensive guidelines to ensure ethical and safe advertising by corporate hospitals, addressing the issue of illegal advertising practices. The petition also sought to prevent doctors associated with these hospitals from indirectly bypassing statutory regulations.
The petitioner highlighted how unchecked advertising by corporate hospitals, including emerging venture capital-funded healthcare start-ups, has led to an alarming situation. This unregulated advertising creates a divide between medical professionals and compromises patients’ rights to make informed healthcare choices. The plea argued that such practices not only manipulate and mislead patients but also violate key articles of the Indian Constitution.
Furthermore, the plea emphasized that these advertising strategies contradict specific regulations outlined in the Indian Medical Council’s Ethics Regulations of 2002, established under the NMC Act, 2019. It pointed out the lack of NMC authority over hospital advertising tactics, resulting in an unfair advantage for physicians associated with hospitals, in contrast to independent practitioners, thus violating fundamental ethical principles and constitutional rights.
The petitioner also referenced the Objectives and Reasons stated in the NMC Act, 2019, highlighting its aim to provide accessible healthcare services to all citizens. However, the plea argued that the undue advantage held by corporate hospitals indirectly raises healthcare costs, contradicting the Act’s objective of equitable and universal healthcare provision.
Dr. Malpani commented on the situation, expressing concerns over vague norms that restrict individual doctors from advertising while allowing corporate hospitals to use doctors for their promotional activities.
In response to queries, NMC’s spokesperson, Dr. Yogender Malik, mentioned that the newly formed panel would offer recommendations on the need for comprehensive rules governing advertising practices in corporate hospitals.
Previously, regulations addressing corporate hospital advertisements were outlined in the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023. However, the Commission later suspended these regulations.
