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Medical Certificates - Do’s and Don’ts

Medical Certificates - Do’s and Don’ts

Registered medical practitioners are in certain cases bound by law to give, or may from time to time be called upon or requested to give certificates, notification, reports and other documents of similar character signed by them in their professional capacity for subsequent use in the courts or for administrative purposes etc.

FOR THE PURPOSES OF VARIOUS ACTS / ADMINISTRATIVE REQUIREMENTS such documents, among others, include the following-

a) Under the acts relating to birth, death or disposal of the dead.

b) Under the Acts relating to Lunacy and Mental Deficiency and under the Mental illness Act and the rules made thereunder.

 c) Under the Vaccination Acts and the regulations made thereunder.

 d) Under the Factory Acts and the regulations made thereunder.

 e) Under the Education Acts.

f) Under the Public Health Acts and the orders made thereunder.

 g) Under the Workmen‟s Compensation Act and Persons with Disability Act.

 h) Under the Acts and orders relating to the notification of infectious diseases.

i) Under the Employee‟s State Insurance Act.

 j) In connection with sick benefit insurance and friendly societies.

 k) Under the Merchant Shipping Act.

 l) For procuring / issuing of passports.

m) For excusing attendance in courts of Justice, in public services, in public offices or in ordinary employment.

 n) In connection with Civil and Military matters.

o) In connection with matters under the control of Department of Pensions.

p) In connection with quarantine rules.

 q) For procuring driving licence.

Section 1.3.3 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 mandates that,” While issuing any Medical Certificate the Registered medical practitioner shall maintain a Register of Medical Certificates giving full details of certificates issued. When issuing a medical certificate he / she shall always enter the identification marks of the patient and keep a copy of the certificate. He / She shall not omit to record the signature and/or thumb mark, address and at least one identification mark of the patient on the medical certificates or report.”

Section 1.4.1 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 mentions that,” Every physician shall display the registration number accorded to him by the State Medical Council / Medical Council of India in his clinic and in all his prescriptions, certificates, money receipts given to his patients.”

Punishment to Registered Medical Practitioners for violations while issuing Medical Certificates-

Section 7.7 and 8.2 deal with the punishment part-

 Section 7.7 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002-” Any registered practitioner who is shown to have signed or given under his name and authority any such certificate, notification, report or document of a similar character which is untrue, misleading or improper, is liable to have his name deleted from the Register.”

Section  8.2 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002- In this section it is made clear that any complaint with regard to professional misconduct can be brought before the appropriate Medical Council for Disciplinary action. Upon receipt of any complaint of professional misconduct, the appropriate Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary or may direct the removal altogether or for a specified period, from the register of the name of the delinquent registered practitioner. Deletion from the Register shall be widely publicized in local press as well as in the publications of different Medical Associations/ Societies/Bodies.

Key points-While issuing any Medical Certificate the RMP must-

01. Maintain a Register of Medical Certificates giving full details of certificates issued.

02. Always enter the identification marks of the patient

03. Keep a copy of the certificate.

04. Never omit to record the signature and/or thumb mark, address and at least one identification mark of the patient on the medical certificates or report.

05. Never issue any Medical Certificate without actually examining the patient.

 





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