Theme: Professional Ethics

Misconduct by a Doctor/Medical Professional

As per the law, violation of any of the doctor’s duties will qualify as ‘misconduct’ and can result in disciplinary action being taken against a doctor. Further, some other acts also qualify as ‘misconduct’ and can be complained against, like:

Improper or fraudulent activities

  • Committing adultery or improper conduct with a patient, or maintaining an improper association with a patient by abusing one’s professional position.(( Regulation 7.4, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Conviction by a court for offences involving moral turpitude*/criminal acts.(( Regulation 7.5, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Undertaking sex determination with the purpose of aborting a female foetus.(( Regulation 7.6, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Signing or giving any certificate, report, or similar document which is untrue, misleading, or improper.(( Regulation 7.7, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Performing or enabling unqualified persons to perform an abortion or any illegal operation for which there is no medical, surgical or psychological reason.(( Regulation 7.9, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Confidentiality of patient information

  • Contributing to press articles and giving interviews regarding diseases and treatments which may have the effect of advertising or soliciting practices. However, medical practitioners are free to write to the press under their own name on matters of public health and hygienic living. They can also deliver public lectures and talks under their own name, and announce the same in the press.(( Regulation 7.11, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Disclosing the secrets of a patient that have been learnt in the exercise of their profession. However, disclosure is allowed:
    • in a court of law under orders of the presiding judicial officer;
    • in circumstances where there is a serious and identified risk to a specific person and /or community; and
    • in case of notifiable diseases.(( Regulation 7.14, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Publishing photographs or case reports of patients without their permission. For instance, a doctor cannot publish the patients identity in any medical or other journal in a manner. However, if the identity is not disclosed, the consent is not needed.(( Regulation 7.17, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Refusing patient treatments

  • Refusing only on religious grounds to give assistance in or conduct of sterility*, birth control, circumcision and medical termination of pregnancy when there is medical reason to do so. However, practitioners may refuse to do so if they believe that they are incompetent for the same.(( Regulation 7.15, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Conducting operations or treatments

  • Conducting operations without obtaining written consent from the husband or wife, parent or guardian in the case of a minor, or the patients themselves. Additionally, consent of both husband and wife is required in operations that result in sterility. (( Regulation 7.16, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Conducting in vitro fertilization or artificial insemination without the informed consent of the female patient, her spouse and the donor. However, the female patient should give written consent. Providing sufficient information about purpose, methods, risks, inconveniences, disappointments of the procedure and possible risks and hazards is also a duty of a doctor. (( Regulation 7.21, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Further, this is not a complete and exhaustive list of all kinds of professional misconduct. Circumstances that are not mentioned above may also qualify as professional misconduct and the responsible medical council can take action on the same.(( Regulation 8.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Complaining against a Medical Professional

You can file any complaint with regard to professional misconduct to the State Medical Council or Medical Council of India for disciplinary action.(( Regulation 8.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) The list of all the State Medical Councils in India can be found here.

Procedure to complain

If the State Medical Council has not decided upon a complaint for over six months, the complainant can approach the Medical Council of India (MCI). Additionally, the MCI has the power to withdraw the case from the State Council and transfer it to themselves.(( Regulation 8.7, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

If a person is not satisfied by the decision of a State Medical Council, they may go to the MCI to challenge the decision within 60 days from receiving the order by the Council. However, if 60 days have passed, then the MCI may or may not accept the complaint of the aggrieved person.(( Regulation 8.8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Punishment 

Once a complaint is received, the relevant Medical Council will hear the practitioner. Further, if the person is found guilty, the punishment will be determined by the Council. For instance, it can direct the name of the practitioner to be removed from the corresponding register altogether, or for a specified time period. This means that the practitioner will not be able to practice for that period.(( Regulation 8.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Who is an Architect?

An architect is a person who designs buildings and advises in their construction. Indian law recognises an architect when their name and other personal details have been provided in the Register of Architects maintained by the Council of Architecture.  Once their name is listed in the Register of Architects, they are allowed to pursue his profession. Thus, a name entry in this register works as a proof of a qualified architect. There are certain ways to get a name registered, depending on the foreign or Indian qualification one may possess.(( Article 25(a), Architects Act, 1972))

  • For Indian qualification, a Bachelor Degree of Architecture awarded by Indian Universities, National Diploma in Architecture, Degree of Bachelor of Architecture (B. Arch.) awarded by the Indian Institute of Technology (IIT), Membership of the Indian Institute of Architects, etc., will be considered as a qualification.(( Schedule, Architects Act, https://www.coa.gov.in/index1.php?lang=1&level=2&sublinkid=121&lid=135))
  • For foreign qualifications recognized by the Indian government, different degrees from various countries such as UK, Australia, Germany, Switzerland, etc., are accepted. The list can be accessed here.
  • An Indian citizen who has no qualification certificate can get registered if they have been engaged in the profession for at least five years, after which Central government can consider their application for registration.(( Article 25(b), Architects Act, 1972))
  • A person can also get registered if they possess any other recognised qualification under the legal rules which may be made by the Central government under the Architects Act.(( Article 25(c), Architects Act, 1972))

Complaining against an Architect

A person can complain about an architect’s conduct if the architect does not exhibit fairness and impartiality in a work assigned, or is caught taking commission or any such inducements, or any other forms of professional misconduct. You can complain to the Council of Architecture.

Council of Architecture

The Council of Architecture is a statutory body constituted by the Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of India. The Council of Architecture is charged with the responsibility to regulate the education and practice of professional architects throughout India, besides maintaining the register of architects. Further, it oversees architectural standards periodically by way of conducting inspections through Committees of Experts.

Process of complaint and penalties against an architect

Any violation of the duties of an architect will be considered as professional misconduct and will attract disciplinary action. Additionally, the Council can take any of the three actions listed below after an inquiry:

  1. Reprimand the said architect
  2. Suspend their practice as an architect
  3. Remove their name from the register of architects(( Section 30, Architects Act, 1972))

You can find a format of a complaint here. A committee constituted by the Central Government looks into all complaints against architects and inquiries relating to misconduct of architects. (( Rule 35(1), Council of Architecture Rules, 1973))

Further, in case you come across any unregistered person who is impersonating someone, posing, misrepresenting or misusing the title of ‘Architect’, you can file a complaint against such person(s) along with relevant supporting documents online at the Complaint form available on the Council’s website.

Duties of an Architect

Architects have several duties by which they have to practice their profession. This includes maintaining etiquette, following architectural guidelines for buildings etc.

General Duties of an Architect

  • Provide the employees and associates with a suitable working environment, compensate them fairly and facilitate their professional development.(( Regulation 2(1)(xix), Architects (Professional Conduct) Regulations, 1989))
  • Every partner shall ensure that when an architect enters into a partnership agreement with one or more architects, the firm also complies with the provisions of the sub-regulation.(( Regulation 2(2), Architects (Professional Conduct) Regulations, 1989))
  • Ensure that their professional activities do not conflict with their general responsibility to contribute to the quality of the environment and future welfare of society.(( Regulation 2(1)(i), Architects (Professional Conduct) Regulations, 1989))
  • Compete fairly(( Regulation 2(1)(xi), Architects (Professional Conduct) Regulations, 1989)) and maintain a high standard of integrity.(( Regulation 2(1)(viii), Architects (Professional Conduct) Regulations, 1989))

Architect’s duties towards clients

  • Inform the client of the conditions of engagement and scale of charges, and agree that these conditions shall be the basis of the appointment.(( Regulation 2(1)(iv), Architects (Professional Conduct) Regulations, 1989))
  • Not give or take discounts, commissions, gifts or other inducements for the introduction of clients or of work.(( Regulation 2(1)(vi), Architects (Professional Conduct) Regulations, 1989))
  • Act with fairness and impartiality when administering a building contract.(( Regulation 2(1)(vii), Architects (Professional Conduct) Regulations, 1989))

Architect’s duties towards the profession

Some of the architect’s duties to the profession are not to:

  • Sub-commission an architect’s work to another architect. However, this can happen if the client agrees to it.(( Regulation 2(1)(v), Architects (Professional Conduct) Regulations, 1989))
  • Attempt to supercede or replace another architect.(( Regulation 2(1)(xiii), Architects (Professional Conduct) Regulations, 1989))
  • Attempt to obtain, offer to undertake or accept a commission for which they know another architect has been selected or employed, until they have evidence that the selection, employment or agreement has been terminated. Additionally, they have to give the previous architect written notice.(( Regulation 2(1)(xv), Architects (Professional Conduct) Regulations, 1989))
  • Advertise professional services. An architect should not allow their name to be included in advertisements or used for other publicity.(( Regulation 2(1)(xxv), Architects (Professional Conduct) Regulations, 1989))