National Commission for Indian System of Medicine Bill, 2020 received Presidential Assent on 20-09-2020.
The National Commission for Indian System of Medicine Act, 2020.
Purpose of the Act:
Act to provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high quality medical professionals of Indian System of Medicine in all parts of the country
Encourages such medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register of Indian System of Medicine for India and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal mechanism.
Key Highlights
Constitution of National Commission for Indian System of Medicine [SECTION 3]
Central Government will constitute the National Commission for Indian System of Medicine. The said commisison shall be a Corporate Body with it’s head office at New Delhi.
Composition of Commission [SECTION 4]
Persons of the Commission will be as follows:
(a) Chairperson;
(b) fifteen ex officio Members; and
(c) twenty-three part-time Members.
The said Section also elaborates the qualification and experience required by the said Members and Chairperson.
Search Committee for appointment of Chairperson and Members [SECTION 5]
Central Government shall appoint the Chairperson, referred to in Section 4 and the President of the Autonomous Boards referred to in Section 20 on the recommendation of a Search Committee.
Term of office and conditions of service of Chairperson and Members [SECTION 6]
Chairperson and Members (other than ex officio Members) and Members appointed under Secton 4 shall hold office for a term not exceeding 4 years and shall not be eligible for any extension or re-appointment.
Removal of Chairperson and Members of Commission [SECTION 7]
When can Central Government remove the Chirperson or any Member?
- Adjudged as Insolvent
- Convicted of an offence which involves moral turpitude
- Physically or Mentally incapable of acting as the Chairperson or a Member
- Unsound Mind
- Has acquired such financial or other interest and is likely to affect prejudicially his function as a Member
- Has abused his poisition as to render his continuance in office prejudicial to public interest
Power and Functions of Commission [SECTION 10]
Following functions shall be performed by the Commission:
(a) lay down policies for maintaining a high quality and high standards in
education of Indian System of Medicine and make necessary regulations in this behalf;
(b) lay down policies for regulating medical institutions, medical researches and medical professionals and make necessary regulations in this behalf;
(c) assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements;
(d) frame guidelines and lay down policies by making such regulations as may be necessary for the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils of Indian System of Medicine;
(e) ensure coordination among the Autonomous Boards;
(f) take such measures, as may be necessary, to ensure compliance by the State Medical Councils of Indian System of Medicine of the guidelines framed and regulations made under this Act for their effective functioning under this Act;
(g) exercise appellate jurisdiction with respect to decisions of the Autonomous Boards;
(h) ensure observance of professional ethics in Medical profession and to promote ethical conduct during the provision of care by medical practitioners;
(i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private medical institutions and deemed to be Universities which are governed under the provisions of this Act;
(j) exercise such other powers and perform such other functions as may be prescribed
Advisory Council [Sections 11 to 13]
Advisory Council shall be the primary platform through which the State and Union Territories may put forth their views and concerns before the Commission.
NATIONAL EXAMINATION [Sections 14 to 16]
National Eligibility-cum-Entrance Test [SECTION 14]
A unifrom National Eligibility-cum-Entrance Test for admission to the undergraduate courses in each of the disciplines of the Indian System of Medicine in all medical institutions governed by this Act shall be conducted.
National Exit Test for Undergraduates [SECTION 15]
To grant license as a medical parctitioner to the undergraduate final year students, a common national exit test shall be held.
National Entrance Test for Post-Graduates [SECTION 16]
A uniform Post-Graduate National Entrance Test shall be conducted separately for admission to postgraduate courses in each discipline of the Indian System of Medicine.
Postgraduates |National Teachers ’ Eligibility Test for Indian System of Medicine [SECTION 17]
A National Teachers’ Eligibility Test shall be conducted separately for the postgraduates of each discipline of Indian System of Medicine who desire to take up teaching profession in that discipline.
Constitution of Autonomous Boards [SECTION 18]
Central Government shall constitute the follwoing Autonomous Boards which shall be under the overall supervision of the Commission:
(a) the Board of Ayurveda;
(b) the Board of Unani, Siddha and Sowa-Rigpa;
(c) the Medical Assessment and Rating Board for Indian System of Medicine; and
(d) the Board of Ethics and Registration for Indian System of Medicine.
Powers and Function of Autonomous Boards [SECTION 26]
(a) determine the standards of education at the undergraduate, postgraduate and super-speciality levels
(b) develop a competency based dynamic curriculum at all levels, in such manner that it develops appropriate skill, knowledge, attitude, values and ethics among the postgraduate and super-speciality students and enables them to provide healthcare, to impart medical education and to conduct medical research;
(c) frame guidelines on setting up of medical institutions for imparting undergraduate, postgraduate and super-speciality courses in Ayurveda, Unani, Siddha and Sowa-Rigpa;
(d) determine minimum requirements and standards for conducting of courses and examinations in medical institutions, having regard to the needs of creativity at local levels and the regulations made under this Act;
(e) determine standards and norms for infrastructure, faculty and quality of education and research in medical institutions of Indian System of Medicine, in accordance with the regulations made under this Act;
(f) specify norms for compulsory annual disclosure, electronically or otherwise, by medical institutions of Indian System of Medicine in respect of their functions that has a bearing on the interest of various stakeholders including students, faculty, the Commission and the Government;
(g) facilitate development and training of faculty members;
(h) facilitate research programmes;
(i) grant recognition to medical qualifications at all levels.
Powers and functions of Board of Ethics and Registration for Indian System of Medicine have been laid down under Section 27 & Powers and functions of Medical Assessment and Rating Board for Indian System of Medicine have been laid down under Section 28.
State Medical Council [SECTION 31]
State Government within 3 years of the commencement of the Act shall establish a State Medical Council for Indian System of Medicine in that State.
The said Council shall be responsible to take disciplinary actions in respect of any professional or ethical meisconduct by a resgistered practitioner of India System of Medicine.
National Register and State Register of Indian System of Medicine [SECTION 32]
Board of Ethics and Registration for Indian System of Medicine shall maintain a National Register containing the name, address, all recognised qualifications possessed by a licensed medical practitioner of the Indian System of Medicine and such other particulars as may be specified by regulations.
Rights of persons to practice [SECTION 34]
Only the persons who will be registered in either the State Register of the National Register shall:
- allowed to practice Indian System of Medicine as a qualified practitioner
- hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon
- be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner
- be entitled to give evidence at any inquest or in any court of law as an expert under Section 45 of the Indian Evidence Act, 1872 on any matter relating to Indian System of Medicine
To read the detailed act, please follow the link: ACT
Ministry of Law and Justice