Friday, November 22, 2013

Cut-practice- The role of consumer awareness

Cut-practice is such a thing that the 'victim' or patients have no means to protect themselves from it. Therefore consumer awareness has a very limited role to play in deterring this practice.

Consumer awareness will only make the patient suspicious and add to his/ her stress levels; there is no way to confirm whether the doctor is doing cut-practice or not. Even if I myself am a doctor, there is no way even I can tell that I am being charged for cuts or not. So how will any ordinary non-medical person figure out that and protect himself/ herself?

Hence, it is absolutely essential that doctors only have to cultivate the good sense not to get into this practice and fight against it.

 I feel whistle-blowers have a tremendous role in reducing this problem. Other than doctors, individuals like chartered accountants who give suggestions, professionals who supply software to automatically route the cuts, income tax officers who scrutinise, and such other stake-holders in this system should expose their clients/ write about it. At least stop contributing to it in any way. 

Lancet- Covering the case of cut-practice in medicine

Tackling corruption in Indian medicine
Some doctors and non-governmental organisations are taking up the fi ght against corruption in
Indian medicine, which many observers claim is widespread in the country. Dinsa Sachan reports.
When a cheque landed on the desk of
63-year-old doctor Himmatrao Saluba
Bawaskar, from a diagnostic centre
under the guise of “professional fee”,
Bawaskar not only returned it, but
he also fi led a complaint against the
centre with the Medical Council of
India (MCI), the national watchdog
for medical education and doctors.
His case is currently being heard by the
state medical council of Maharashtra.
Kickbacks have been part of the
Indian medical practice since the
beginning, says Puneet Bedi, a leading
gynaecologist based in New Delhi
who has appeared on Indian television
to speak about medical ethics in the
country. He notes that many hospitals
and clinics routinely issue cheques to
doctors under sanitised names such as
“professional fee” to encourage them
to recommend their services to their
patients.
K K Aggarwal, a Delhi-based physician
on the ethics committee of MCI,
says there’s no method at present to
document the percentage of doctors
taking kickbacks, but he admits that
the practice exists.
Recent trends may have accentuated
the problem. Bedi explains by citing
an example: out of some 17 million
inhabitants of Delhi, barely 1 million
can dream of getting treated at a
private hospital. “So all the hospitals
are vying for patients from that small
percentage of people”, he explains.
“If they’re not going to use kickbacks,
they won’t stay in business.” Bawaskar
adds that hospitals sometimes put
doctors under tremendous pressure
to reach a certain target number
of patients, and offering bribes for
patient referrals becomes the only way
to achieve that target.
Amar Jesani, editor of the Indian
Journal of Medical Ethics (IJME), says,
“It’s the patient who ends up paying
extra money [in medical fees] to cover
for the kickbacks.” Amit Sengupta, of
People’s Health Movement (India),
says people want to practise honestly
but they get sucked into the system.
“The system throws those out who
don’t conform to its rules”, he says.
Experts, including Jesani and
Sengupta, believe that one reason
malpractice flourishes is because of
MCI’s lethargy in cracking down on
wrongdoers. In 1996, a Chennai-based
nephrologist M K Mani wrote to MCI
and reproduced his correspondence
with a diagnostic centre that had
offered him a “professional fee” in
the IJME. The diagnostic centre had
repeatedly sent cheques to the doctor,
and even though Mani continued to
write to the Council, no action was
taken by the organisation.
Jesani adds that state medical councils
are also slow to act on issues. However,
last year, in response to a question in
parliament, the government said that
the MCI had received 1948 complaints
against doctors between 2008–09
and 2010–11. Of these, 718 were
referred to the relevant state medical
council, while the remaining
1230 complaints were dealt with by the
MCI itself. As a result, 32 doctors had
their licenses temporarily suspended
and 14 doctors were given a caution.
Still, Sengupta says, “In its current
form, the organisation is more
like a closed club consisting only
of doctors.” He advocates a more
democratised approach in choosing
its administrators. “There is a need
for more legal experts, administrators,
and civil society people in their
committees”, he argues.
Moreover, MCI has invited public
scrutiny and notoriety in the past
few years. MCI chairman Ketan Desai
was arrested and dismissed from the
organisation in 2010 on charges of
accepting a bribe. However, he was
later found to be not guilty. Following
this case, the government disbanded
the MCI’s governing body and
brought in a board of governors to
look after its aff airs. In a bid to restore
MCI’s functioning to its previous
format, elections will be staged
in early December to select a new
council, consisting of the president,
vice president, and the executive
committee.
S K Sarin, former MCI chairman,
defends MCI. “The MCI rules are quite
robust, but enforcement is a problem.
In my time, we cracked down on
plenty of doctors for misconduct. The
ethics committee used to take legal
action on its own in response to tipoff
s. There were several instances of
doctors making their own foundations
and getting donations from pharma
companies, accepting foreign trips for
themselves and their families. These
were thoroughly investigated and due
“...many hospitals and clinics
routinely issue cheques to
doctors under sanitised names
such as ‘professional fee’ to
encourage them to use their
services.”
Tom Grill/Corbis

Wednesday, November 13, 2013

CUT-PRACTICE- An organised 'white-collar' economic offense

A few days ago someone objected to my saying that practitioners of cut-practice should be booked under MCOCA. The argument was that you cannot compare this with acts like terrorism or money-laundering that are actually covered under this Act. Besides it could antagonise doctors and make them into adversaries. I absolutely dont buy these arguments. I still hold that cut-practice doctors should be booked under MCOCA only.

The way cut-practice harms unsuspecting patients and undermines the fabric of our country- it is no less than any act of terrorism or treason. Just that our perpetrators are educated, sauve and respected members of the community. Having a much sought-after qualification and practicing a 'Noble' profession cannot redeem the fact that you are robbing someone because you believe you deserve more money. In other words it is just a 'white collar' crime.

Cut-practice cannot be done singly. It always depends on good teamwork. That is why it is an organised crime. The hold of this system is so strong (at least in Mumbai) that some doctors have been completely unable to establish their practice without getting into it (so they claim).

I really have no desire to offend anybody. The truth is that among the practitioners of cut-practice are my closest friends, admired colleagues and such other individuals whom I actually value and respect. Thats besides the point. Cut-practice is a crime against humanity. If my associates feel offended by me and want me to change; I would expect the same from them- Cut practice offends me, so stop it.

Someone may say that if you cannot convince your close ones, then why are you eating our head. My approach is that I dont want to tell anyone about doing or not doing cut-practice. I just want the community to know that cut-practice is harmful for the community and that I dont do cut-practice. And my refusal to do cut-practice did put me at a disadvantage in my work, and I am not okay with that. If it were that more and more people stop doing cut-practice of their own will, it will benefit all doctors and patients. I just want everybody, including the administration to see this point. Booking the doctors under stringent laws will help in this direction.

Monday, November 11, 2013

A life without cuts

'Dr Vani, you are such a bright Psychiatrist. But I am sad to tell you, you are not practical-minded'. 'Just go with the flow- give cuts and concentrate on treating patients' 'Changing the World is not a Doctor's job. Look at it this way- Our job is to treat patients and if you dont give cuts you dont get patients......then whats the use of all this learning and commitment?' Words of wisdom from a senior Family Physician. Spoken with genuine feeling and a desire to see me succeed. But Sir, its not like that. Its about the means as much as the end.
        Initially I did not participate in cut-practice because MCI rules said not to do cut-practice. After 10 yrs in private practice, I agree and genuinely feel that one should not do cut-practice.
         After I finished my MD, I joined Dr Harish Shetty's practice as Part-time Assistant. For 2 months I searched for 'jobs' in the mornings and worked with Dr Shetty in the evenings. Within 2 months, he encouraged me to start a morning OPD and told me it was possible to do so without being in cut-practice. So 3 times a week I would be in my clinic, whereas the other 3 days I roamed in Andheri, Santacruz and Parle East and West introducing myself to every doctor, school principal, business owner, etc.
         My job helped me cover my costs. Some people were referred by Dr Shetty, some by my Family Physician, highly esteemed Dr Pingle. A very significant number were sent by my alma mater, NIMHANS. Very few patients walked-in. But the numbers were pathetic. In my first year, I managed a royal number of about 150 consultations in my private practice! But I was present in my clinic punctually, taking every chance to promote my work. Because of trying this and that, and maternity leave and other female-related challenges, I had about 4 false starts in my practice over the last ten years. Only the last 14 months have seen some stability.
         Over the years its built up to sustainable levels. Now I dont need a job to pay my bills. I can cover my costs and also meet my financial goals. I admit that the latter are modest because hubbie dear is the primary breadwinner. It is also true that I am the housewife in my family and spend much less time working. But my hourly earnings are comparable to my hyperactive full-time colleagues. I dont know what I would do if I had to work full-time, as I really do not have those numbers in my practice. Being a part-timer is really a boon for my self esteem right now. But I am confident I could have worked out something, if I had to work full time and generate that much work- I dont want to worry myself over hypothetical failures.
          As I never gave cuts- I could earn as much by working less. I spend my waiting time studying Psychiatry and keep myself up-to-date. As I never took cuts, I was never under obligation to waste my Sundays and Holidays attending mindless programmes arranged by diagnostic centres and pharma companies. I generally relaxed and recovered my health and spirits.
                I am Queen of my domain. I decide how my time should be spent. I give a receipt for EVERY transaction. I have filed honest IT returns and feel very proud when the income tax amount increases every year. Anyway I dont like taxable income, because it is so difficult to get IT Refunds. So I am not afraid of IT department, and my CA is happy because he has a straightforward job of presenting my accounts.
        I cannot tell you how confident I feel that I am surviving on my own steam and the sense of superiority I get. Right from the beginning I have placed a high value on 'perfection' 'excellence' 'achievement' and even from my school days have always tried to distinguish myself in my studies and work. I am immensely proud of getting my education from all good institutes through path of merit.
         Cut-practice is nothing but corruption. Corruption is for persons who are less in some way. Among doctors, is may be due to poor confidence or if you dont have a proper degree from a good institution. Or even if you have all that, it is possible that you are greedy or simply so weak-willed that you are unable to think for yourself.
           I never thought I was ever among any of the above. Thats why I chose never to be in cut-practice. Over the years the clinical work I have done, the friends I have made and the respect I have earned- have vindicated my stand. It is true that Changing the World is a very difficult thing for a doctor, as we are very busy and dealing with individual problems of our patients. But if you have a strong ethical value-based thought process and the will to survive the challenges and the maturity to suffer for your beliefs- why Should I change for the World? No Sir, I dont want to change the world. But I just dont want to change myself too. Is that okay with you?

Sunday, November 10, 2013

A COLUMN IN IMA MAGAZINE- ABT CUT PRACTICE

Several years ago, I did a monthly column in the monthly magazine of IMA Mumbai West "Medical Image". It involved publishing opinions of doctors on different issues and the column was named 'WHITEQUOTES'. 

Once I asked the doctors about Cut practice and following is the article:

IMA-NOVEMBER
IMA-NOV.
WHITEQUOTES
According to the MCI Act of 2002, splitting of fees (cut-practice) is designated as illegal and unethical. One study done in Ahmedabad (Bhat, IIM-A, 2003) found that 40% doctors engaged in this practice. Many doctors are probably not aware of the legal and ethical implications of this practice and regard it as a ‘necessary evil’. So we asked some members to respond to this contentious issue, and following are their responses:

Ideally while giving referrals, the primary consideration should be the expertise of the consultant. However, in cut-practice this is overtaken by monetary considerations. So, merit and skill are compromised. Ultimately patient loses out on good care.
Dr Sudhir Warrier, Orthopaedic surgeon, Dadar

It is widespread practice nowadays. In my opinion established consultants do not need to oblige anyone for referrals, but for fresh consultants it becomes difficult to get any work. The young specialists do not get work, not because they are worse doctors, but because they are raw and not known. So, to get referrals they offer financial incentives. By and large it is not right, but it becomes a question of survival for some.
Dr Ashok Shetty, Family Physician, Marol

I am against cut-practice as it is totally against medical ethics. We (doctors) should all come out in open against it- let the patient decide where to go for treatment. I don’t know about other fields, but in our field where we deal with life and death, this is completely unjustifiable.
Dr Neemish Kamat, Radiologist, Vile Parle West

There are two outlooks to it: Some people regard it as a professional kind of sharing of money, without any other connotation. The second aspect is that it may affect transparency in work, increases cost to patient and creates unnecessary obligations to the consultant. Patients may become suspicious and the Family Physician may lose the patient’s trust, which is not such a pleasant thing.
Dr Priyadarshini Gokhale, Family Physician, Bandra West

It is a current trend, so much so that it is becoming impossible for young doctors to establish practice without this system. So some consultants are forced to accept it, even though it is unethical.  Maybe, some senior consultants with an independent practice should leave this system. This practice has started as all the consultants are competing for attention of the limited number of patients who are capable of paying for their treatment.
Dr Rajiv Tungare, Consultant Physician, Goregaon.                                                                                

-Compiled by Dr Vani Kulhalli

Friday, August 2, 2013

cut- practice issue- an update 1

I have not got any response from anybody to whom I wrote those letters.

The next step would be to go in for 'Litigation in the Public interest'. This is a fit case- after making cut-practice a well defined offence at least a deterant will be put in place.

The problems are: those who are against cut-practice do not indulge in it and are unable to provide evidence. We cannot file a PIL with mere allegations. We have to provide proper data that cut-practice is real, it is widespread, it harms the patients. For this, I will exhort anyone with any evidence to preserve it. I would encourage you to lodge a formal affidavit and complaint with the Maharashtra Medical Council, so that your case can be cited as evidence. If such cases come up from many parts of our state or country, it will be proved that cut-practice is a wide spread menace that affects everyone. I would encourage any patients, who have been sent back by their doctors to collect money from diagnostic centres as 'concession'. Typically this happens when the referring doctor refuses to take a cut and tells the diagnostic centre  to refund charges to patient. The cuts are delivered by receptionists or PROs, so anyone in this role can also work against cut-practice. Software engineers who have created and sold software for automatic calculation of cuts are requested to please give us information. If anyone from Income Tax department has any information, please provide it- that is also possible as evidence. There is no rule that only doctors have to fight against cut-practice. Anybody with information and evidence should document it and send it as affidavit to MMC for action as soon as possible.

This is a fight for everybody- any of us can become victims of this horrible practice. This is also a fight of everybody. Do not blame doctors for being corrupt. If you had a chance to submit some evidence and fight against cut-practice and you did not do it- you have equal culpability for it.

Secondly PIL is a costly affair- in terms of time and we doctors have decided to split the commitment of time by forming a group and dividing the work amongst ourselves. If any one wishes to join, please do. And be prepared for a thorough investigation of your antecedents, if you are not personally known to any of us. We can let only really like-minded persons join.

Wednesday, July 31, 2013

HC Judgement about cut-practice as business expense

THE COMMISSION PAID TO PRIVATE DOCTORS FOR REFERRING PATIENTS FOR DIAGNOSIS COULD NOT BE ALLOWED AS A BUSINESS EXPENDITURE.
                        Section 37 of the Income Tax Act, 1961 is a residuary provision.  In order to eligible for an allowance under this residuary provision the following conditions are required to be fulfilled:
·    The expenditure must not be governed by the provisions of Sections 30 to 36;
·    The expenditure must have been laid out wholly and exclusively for the purpose of the business of the assessee;
·    The expenditure must not be personal in nature;
·    The expenditure must not be capital in nature.
The explanation to Sec. 37(1) was inserted by Finance Act, 1998 with retrospective effect from 01.04.1962 which provides that it is declared that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purpose of business or profession and no deduction or allowance shall be made in respect of such expenditure.
                        The CBDT in Circular No. 772, dated 23.12.1998 explained the above explanation as Section 37 of the Income Tax Act is amended to provide that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purposes of business or profession and no deduction or allowance shall be made in respect of such expenditure.   This amendment will result in disallowance of the claims made by certain assessees in respect of payments on account of protection money, extortion, hafta, bribes etc., as business expenditure.   It is well decided that unlawful expenditure is not an allowable deduction in computation of income.  This amendment will take effect retrospectively from 01.04.1962 and will, accordingly, apply in relation to the assessment year 1962-63and subsequent years.
                        The issue to be discussed in this article is whether soliciting patients for diagnosis by paying commission to the private doctor is unethical, against public policy and forbidden by law with reference to decided case law..
                        In ‘Commissioner of Income Tax V. KAP Scan and Diagnostic Centre Private Limited’ – (2012) 344 ITR 476 (P&H) the assessee is a private limited company doing the business of CT scan, ultra sound and X-rays.  During the assessment proceedings for the assessment year 1997-98 in which the assessee filed its return declaring a loss of Rs. 24,40,650/-, it was found that the assesee had debited a sum of Rs. 3,68,400/- to the Profit and Loss Account as expenditure on account of commission paid to the practicing doctors who referred the patients to the assessee for various tests.   The Assessing Officer disallowed the said claim and considered it as deemed income under Section 115J of the Act.  On appeal by the assessee the Commissioner of Income Tax (Appeals) allowed the appeal and deleted the addition made on account of the commission.  The Revenue filed appeal before the Tribunal which dismissed the appeal holding that the commission paid to the doctors was an allowable expenditure being a trade practice and this gave rise to the Department to approach the High Court in the present appeal.
                        The assessee, before the High Court put forth the following arguments:
·    The question of admissibility regarding the deduction under Section 37(1) was never raised before the Tribunal and therefore the same cannot be raised before the High Court for the first time;
·    Giving of commission to the private doctors referring the patients for various medical tests was a trade practice which could not be termed to be illegal and, therefore, the same cannot be disallowed under Section 37(1) of the Act even after insertion of the Explanation to the said section by the Finance Act, 1998 with effect from 01.04.1962;
·    The Revenue had not shown, proved or argued that commission which was paid by the assessee was illegal practice and was not admissible as deduction.
The High Court considered the arguments of both sides.  To answer the first objection of the assessee the High Court held that the perusal of the orders passed by the Assessing Officer, the Commissioner of Income Tax (Appeals) and the Tribunal shows that the issue was with regard to admissibility of deduction of the commission paid by the assessee to the doctors for having referred the business to its diagnostic centre.  Once that is so, it cannot be said that the point with regard to Section 37(1) of the Act was never raised though it was only under the said provision.  Therefore the argument of the assessee does not carry weight.
                        The High Court further analyzed the provisions of Section 37, regulations of Medical Council of India in ‘The Indian Medical Council (Professional Conduct, Etiquette and Ethics), Regulations, 2002’ and Section 23 of the Contract Act.
                        The ‘The Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002, describes some of the unethical acts under Chapter 6 as follows:
·    Regulation 6.4 provides that no physician shall give, solicit, receive, or offer to five, solicit or receive, any gift gratuity, commission or bonus in consideration of a return for referring any patient for medical treatment;
·    Regulation 6.4.1 provides that a physician shall not give, solicit or receive nor shall he offer to give solicit or receive, any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical or other treatment.   A physician shall not directly or indirectly, participate in or be a part to act of division, transference, assignment, subordination, rebating, splitting or refunding of any fee for medical, surgical or other treatment;
·    Regulation 6.4.2 provides that the provisions of para 6.4.1 shall apply with equal force to the referring, recommending or procuring by a physician or any person, specimen or material for diagnostic purposes or other study/work.   Nothing in this section, however, shall prohibit payment of salaries by a qualified physician to other duly qualified person rendering medical care under his supervision.
On analysis the High Court held that if demanding of such commission was bad, paying it was equally bad.   Both were privies to a wrong.   Therefore, such commission paid to private doctors was opposed to public policy and should be discouraged.  The payment of commission by the assessee for referring patients to it cannot be any stretch of imagination be accepted to be legal or as per public policy.   Undoubtedly the High Court held that it is not a fair practice and has to be termed as against the public policy.
                        The High Court analyzed Section 23 of Contract Act which provides that the consideration or object of an agreement is lawful, unless-
·    it is forbidden by law; or
·    is of such a nature that, if permitted, it would defeat the provisions of any law; or
·    is fraudulent; or
·    involves or implies, injury to the person or property of another; or the court regards it as immoral, or opposed to public policy.
In each of these cases, the consideration or object of an agreement is said to be unlawful.   Every agreement of which the object or consideration is unlawful is void.
The High Court held that Section 23 of the Contract Act equates an agreement or contract opposed to public policy, with an agreement or contract by law.  Thus the commission paid to private doctors for referring patients for diagnosis could not be allowed as business expenditure.  The amount which can be allowed as business expenditure has to be legitimate and not unlawful and against public policy.    The High Court allowed the appeal of the Revenue.                     
Downloaded from internet


Tuesday, July 30, 2013

CUT-PRACTICE- Letter to Health Minister

From,
Dr Vani Kulhalli,
Vile Parle East,
Mumbai-57
To,
Minister for Medical Education,
Government of Maharashtra,
Mumbai.
Date 22-7-2013
Subject-  Regarding complaint by Dr Himmatrao Bawaskar against P M Medical Centre, Pune
Respected Sir,
You may be aware that Dr Himmatrao Bawaskar has complained to the Maharashtra Medical Council  that P M Medical Centre, Pune attempted to pay him commission for the ‘service’ of referring a patient to them for investigation.  In other word, he has complained against ‘cut-practice’.
You have been a Minister for a long time now. I am sure you may be aware of the horrible financial, emotional and medical consequences of this practice. Yet nobody is able to protect patients from its vile grip. This is because it is a well-organised practice. Furthermore, the existing laws are insufficient to provide for investigation and prosecution. Firstly the law states it merely ‘unethical’ whereas it is actually an organized financial crime. Secondly the current law is applicable only to individual doctors, whereas doctors give and take cuts in the names of hospitals, diagnostic centres etc.
 While you have taken several initiatives to improve healthcare in Maharashtra, I feel you must also take some more measures to curb malpractices.  I call upon you, a law-maker,  to deliberate on this at the highest levels and bring in a law to make cut-practice illegal and punishable. Please extend the law to any organization or individual providing healthcare, so that everyone is covered by it.
As a practicing doctor and a potential patient, I observe with pain and grief, the extent of cut-practice and wish strongly that some legal measures should be available to remedy the situation.
Copy to
1.      Chief Minister, Maharashtra
2.      Minister of Health and Family Welfare
Sincerely,

Dr Vani Kulhalli

Sunday, July 21, 2013

Cut-practice- Letter to MMC President and members



From,


Dr Vani Kulhalli
Vile Parle East,

Mumbai-57


To,

President and other Esteemed Members

Maharashtra Medical Council,

Mumbai.

Date 16-7-2013

Subject- Referral to higher authority of complaint by Dr Himmatrao Bawaskar against P M Medical Centre, Pune

Respected Sirs and Madam,

I am writing with the hope that Dr Bawaskar’s case will reach its logical conclusion in your able hands.

In addition to sorting out the present complaint, I think that the Council should refer the matter to appropriate investigative agency to establish facts. I also feel that the Council should carry out appropriate study and avail of Legal expertise to discuss the problem of ‘cut-practice’ and its remedies. Such initiative has not been earlier taken. (Ref Enclosure).

Maharashtra Medical Council is severely handicapped by lack of jurisdiction and competence in taking adequate action against cut-practice, as a whole. A beginning can be made now by extending the scope of your work to establish the nature and extent of cut-practice and establishing deterrents. I request you to lodge a proper Police Complaint and refer matter to High Court/ Legal Cell of Government of Maharashtra to achieve the above stated aims.

Dr Bawaskar’s complaint should be treated as an opportunity for the Council to deliberate on corruption in private medical practice. I exhort you to take it upon yourself as a sacred duty; you may be able to redeem the lost prestige of our profession to some extent. Please do not let go of this chance to make history and change medical practice for the better.

Enclosure

Transcript of RTI application and reply made by me in February 2012

With lots of Hopes from You

Sincerely,



Dr Vani Kulhalli



cut-practice-Letter to CJ, HC mumbai



From,


Dr Vani Kulhalli

Vile Parle East

Mumbai-57



To,

Honorable Chief Justice

High Court of Mumbai

Mumbai.



Date- 9-7-2013



Subject- Petition to intervene in the matter of Dr Bawaskar vs P M Medical Centre, Pune currently being handled by the Maharashtra Medical Council (MMC)



Respected Sir,



I am a Psychiatrist practicing in Mumbai for the last 10 years. I have seen the harm done to the community by ‘cut-practice’ and believe that it is a horrible form of corruption that should be immediately stopped. In this regard, I had filed RTI applications to the Medical Council of India and Maharashtra Medical Council in 2012 (enclosure). Although the Indian Medical Council Regulations of 2002 mentions cut-practice as illegal, there is no mention of the procedures to establish the misconduct or the quantum and nature of punishment. I was also surprised that the Councils had not even thought of setting up a group/ committee to deliberate in this matter in the several decades of their existence!



All members of the current MMC are doctors or beaurocrats. They are not well versed in judging misdemeanors of this (financial and ethical) nature. Their role in this case will be limited to merely hear the case and settle it. Secondly, they are mostly busy doctors doing the council work in honorary capacity and cannot spare the time or energy required. Thirdly, being doctors it will not be easy for them to be objective in the respect of a practice that has spread its tentacles over most of the medical community. Sometimes fraternal ties make it difficult to give out proper decisions. Therefore, I have serious doubts about the competence and credibility of MMC to handle this case.



The procedure used for settling this case will only involve hearing both parties. No investigation will be done to establish the facts of the case. For example, simply checking other cases handled by the diagnostic centre will be able to tell us whether it routinely reimbursed ‘professional charges’ to doctors for the favour of referring patients (in other words, did cut practice). So the question of a misunderstanding arising in this particular case only, will not arise. I fear that this type of investigative approach will not be taken for the reasons stated above. The whole purpose of the complaint and the intention of the complainant to cleanse medical practice will be lost.



A patient goes to his doctor in pain and desperation, with a hope not only of treatment but also of empathic guidance and support. If the doctor is motivated by empathy and informed by scientific facts, this patient can get what he needs. This is a basic human right. There is no law that forbids the doctor from framing and then claiming his/ her fees for this service. That amount may be high or low, as per the doctor’s judgement. Inspite of this, it is my personal experience that all patients pay the fees asked of them. Then what is the need to fool the patient into paying through cut-practice network?



Thus cut-practice is not motivated by lack of income alone. It is the work of a perverse mind motivated by a criminal intent. This is perpetrated by group of individuals who seek to defraud the patient and are unconcerned with the risk that the patient is exposed to, in undergoing unnecessary tests and surgeries. Therefore, it should be classified as a premeditated criminal activity done with the astute planning of an intelligent but sick mind. All sections of society and every profession have such members. In the medical community, they are represented by professionals who believe cut-practice is their entitlement. This makes it necessary to punish the holders of such malafide intent to protect humanity.



Further, it gives unfair advantage those doctors who are corrupt and can be justly termed as an ‘illegal trade practice’. A group of such doctors form a cartel and edge out other doctors. The doctor or hospital who bribes corners a large clientele and this affects the morale of non- corrupt doctors. It is now known that such persons are able to get income tax benefits as paying ‘referral charges’ has been ruled as a legitimate business expense. The doctor who refers the patients need not use his/ her skills as a doctor as the income from kickbacks frequently exceeds income from hard work and is home-delivered by a ‘P R O’. (Public Relations Officer)



A person who pays a bribe to get some work done does it for himself, is aware that he is paying, is aware why he paying it, is aware to whom he is paying and at least some of the times, has the choice not to pay. The hapless patient has no idea that he/ she has been taken for a ride by the doctors with whom he/ she trusted his life. The very nature of cut-practice makes it impossible for the victim to take precautions. The victim will never be able to get redress even if he becomes aware; a strong sense of fraternity will prevent any doctor from being a witness and there are no other witnesses in this crime. Therefore cut practice is the worst form of corruption and it denies the patient his basic human rights. And that is why Dr Bawaskar’s case is of extreme importance. For the first time, we have a doctor willing to go on record and remedy the practice and he has followed the proper procedure.



According to me cut-practice is a crime against humanity. It is so well organized; I wish the doctors should be booked under MCOCA or some such similar law. I feel it is an economic offence against the state, where the recipients of kickbacks are not paying the proper taxes due to invisible transactions whereas the kickback generators are evading tax in the name of business expense. There is artificial inflation of medical costs as the kickbacks amount to anything between 40-60% of medical expenses. It is destroying the moral fabric of medical community by making the wrong people rich and successful. Cut practice is an insidious and horrible practice that hits out at the very base of humanity. I have now seen the worrying trend of specialist doctors doing general practice only for the sake of cashing in on this cut-practice trend.



I plead to your Kind Lordship to take cognizance of the extreme importance of this case. A rare case such as Dr Bawaskar’s, is a once in the life time opportunity to give out a strong message of zero tolerance to cut-practice. Cut- practice is a serious crime. I and others like me, think that it is a matter in the public interest and Maharashtra Medical Council does not have sufficient stature or competence to deliberate on a matter of such national and human importance. It is our humble plea that the case should be handled by an August and eminently competent body such as the Honorable High Court itself. The case should be investigated by a proper agency such as Police or Economic Offences Wing and case pleaded by proper lawyers. The Honorable Court may deem fit to suo moto issue relevant guidelines or at least appoint a observer of proven integrity to monitor and report to the Honorable High Court and His Kind Lordship about the proceedings in this case.



Enclosures

Contents of application to Medical Council

of India and Maharashtra Medical Council

under RTI Act 2005

With Highest Hope from You, Sir

Sincerely,

Dr Vani B Kulhalli



_______________________________________________________________________________

RTI Apploication to MCI in Feb 2012

In the last ten years, that is during the period from January 2002 to December 2011, regarding ‘cut-practice’ by which I mean the system of a doctor giving commission to another doctor for the ‘service’ of referring patients:



1. Against how many doctors has the Medical Council of India (MCI) received complaints for doing cut-practice? I want to know the total numbers including those giving as well as those receiving cuts.



2. How many doctors suspected of doing cut-practice were investigated by MCI?



3. In case the allegation of cut-practice against any doctor was proved to be true, what was the punishment/ penalty imposed on such a doctor?



4. Did the MCI receive any complaints that a hospital/ nursing home/ diagnostic centre or such other commercial establishment rendering medical services, was involved in cut-practice? If yes, how many complaints were received?



5. How many complaints of cut-practice against commercial medical establishments were investigated by the MCI?



6. In case any commercial medical establishment was found to be engaging in cut-practice, what was the punishment/ penalty imposed?



7. Has there been any request to Medical council of India to designate cut-practice as an illegal activity tantamount to corruption?



8. Has there been any plan/ proposal of the MCI to declare cut-practice as a form of corruption?



REPLY Dated-28-3-2012

Total number of complaints, that is, 588 against doctors working in private practice/ nursing homes/ private hospital/ Govt. hospital during January 2011 to March 2012 has been received by council. It is further to state that no complaint has been received for doing cut-practice.

MCI has prescribed the Indian Medical Council (Professional Conduct, etiquette and Ethics ) Regulations, 2002 which is available on website www.mciindia.org. The Council does not maintain the data in the manner in which it is sought for.

It is further stated that the queries are in the nature of eliciting opinion and therefore, it does not constitute information as defined under u/s(f) of the RTI Act 2005.

Signed

Dr Davinder Kumar

Joint Secretary and PIO




--------------------------------------------------------------------------------------------------------

rti application to MMC


Nature of Information required



In the last ten years, that is during the period from January 2002 to December 2011, regarding ‘cut-practice’ by which I mean the system of a doctor giving commission to another doctor for the ‘service’ of referring patients:



1. Against how many doctors has the MMC received complaints for doing cut-practice? I want to know the total numbers including those giving as well as those receiving cuts.



2. How many doctors suspected of doing cut-practice were investigated by MMC?



3. In case the allegation of cut-practice against any doctor was proved to be true, what was the punishment/ penalty imposed on such a doctor?



4. Did the MMC receive any complaints that a hospital/ nursing home/ diagnostic centre or such other commercial establishment rendering medical services, was involved in cut-practice? If yes, how many complaints were received?



5. How many complaints of cut-practice against commercial medical establishments were investigated by the MMC?



6. In case any commercial medical establishment was found to be engaging in cut-practice, what was the punishment/ penalty imposed?



7. Has there been any request to MMC to designate cut-practice as an illegal activity tantamount to corruption?



8. Has there been any plan/ proposal of the MMC to declare cut-practice as a form of corruption?



RTI Query filed in February 2012, answer received in same month

Ref no-MMC/ RTI/ 04450/ 2012/ 2543

Answers received were

1. As of date MMC has not received any complaint for doing cut-practice, against any individual doctors

2. & 3. Not applicable

4. As of date MMC has not received any complaint against any hospital/ nursing home/ diagnostic centre

5,6,7. Not applicable

8. No proposal pertaining to cut-practice is tabled in MMC.



Signed-Dr Ramesh Dahigaonkar, Information Officer/ Registrar, MMC




Tuesday, July 16, 2013

cut-practice letter. what happened?

A few days ago, I had uploaded a letter on this blog. Well, the letter needed to be removed for the time-being as it is to be considered as 'privileged' communication till such a time as a response is received.

I want my efforts to succeed and am keen that nothing goes wrong. So presently I am keeping my fingers crossed and my efforts low- profile. I definitely am not doing it for the publicity; so there is really no need to talk much now. We will talk about it VERY LOUDLY when the time comes.

Friday, June 28, 2013

MAHARASHTRA CHILD RIGHTS POLICY



We feel left out when some policies that affect us are made without consulting us. Now the Government wants our opinion on the Child Rights Policy.

We must give our opinion.

Please take time out and respond.

Following is the advertisement with all details for response:

 

Sunday, January 20, 2013

DELUSION OF PREGNANCY IN A MALE PATIENT


 


“DEVELOPMENT OF DELUSIONAL PREGNANCY IN A MALE PATIENT”

                    

TYPE


CASE REPORT

AUTHORS


1. DR VANI B KULHALLI

    MUMBAI

2. DR PRATIMA MURTHY

   ASSOCIATE PROFESSOR (At the time of reporting, which was around 2003-2004)

   NIMHANS

   BANGALORE

OBSERVED AT


NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES,

(NIMHANS)

HOSUR ROAD,

BANGALORE,

INDIA,

560029.
 
KEY WORDS: DELUSION, BIZARRE, SCHIZOPHRENIA, PREGNANCY, COUVADE, CANNABIS, PHENOMENOLOGY.
 
ABSTRACT

Delusion of pregnancy in a male is a bizarre delusion reported previously in various organic and psychiatric disorders. It has been reported secondary to phenomena like somatic hallucinations, delusional misinterpretation, etc. We report a case of delusion of pregnancy in a male patient with paranoid schizophrenia and substance use to illustrate the evolution and possible contributory factors focusing on this delusion. Diagnosis and management are also discussed.

CASE REPORT


 S is a 28 year old married male, primary school educated electrician. His premorbid social adjustment was reported to be adequate and family history was unremarkable with respect to psychiatric disorders or substance use.

 Patient presented with a ten month history of abnormal behavior characterized by reporting odd beliefs, not working and disturbed biological functions. He had history of cannabis use to the extent of dependence of 6 years’ duration and occasional use of alcohol and inhalants. His behavioral disturbances had started while he was using cannabis and persisted 4 months after completely stopping drug use.

On examination he had delusion of persecution, delusion of infidelity, delusion of reference, delusion of pregnancy, delusion of being turned into a female, delusion of not being able to use half his brain as it belonged to someone else. He believed he had lost sexual potency due to excessive masturbation and use of cannabis. He had a flat affect, third person auditory hallucinations, kinesthetic hallucinations and delusional misinterpretation. Physical and laboratory examination were within normal limits.
 Further clarification revealed that delusion of pregnancy developed soon after the birth of his first child. This was 7 months after onset of illness and 3 months after last use of any substance. Patient reported that he used to hear the voices of his neighbours discussing amongst themselves as well as telling him that there is a baby in his abdomen (second and third person auditory hallucinations). He did not believe them, but the voices persisted. One day he experienced pain on the right side of his abdomen and he became convinced that he was pregnant (delusional misinterpretation). The voices told him that he was impregnated when he had intercourse with his wife in the superior position. They also told him that the baby was his brother (who actually lived next door) and to ensure safe delivery. Patient became concerned with the safety of his ‘baby’ and expressed his beliefs to family members. He held this belief despite family members’ attempt to dispel it. About 2 weeks later the voices decreased in frequency and intensity and other experiences became more prominent. Gradually he became less and less worried about his pregnant state. The belief disappeared imperceptibly as other psychopathology became more prominent.
 During the period of onset and presence of the delusion of pregnancy, patient refused to accept his baby as his own. However with resolution of the delusion, he accepted the baby, even before other psychopathology resolved totally.
He was diagnosed as having paranoid schizophrenia and cannabis dependence with a differential diagnosis of cannabis- induced psychosis and treated successfully with Risperidone 8 mg started at the time of presentation.

DISCUSSION

Patient profile


Delusions of pregnancy have been reported in patients of varying age groups and both in males and females[1-6]. Likewise reports suggest a wide variation in the intellectual abilities of patients  [1-5]. Our patient had a normal intelligence as reflected by his education and adequate independent functioning.
Family history was negative for psychiatric disorders. Previous authors have reported a positive family history especially when the diagnosis was schizophrenia [4,5,7].
There was no history of homosexual contact or of childhood abuse in the patient [5] as has been reported before. Patient’s orientation was heterosexual as compared to reports of bisexuality [8] in one case.

Phenomenological factors


Some authors have cited this delusion as occurring secondary to misinterpretation of somatic sensations [3,9] objective signs like galactorrhoea [4,9] and amenorrhoea [10] or as occurring de novo. In this case compelling auditory hallucinations created a background emotional state in which the patient interpreted sensation in the abdomen as a definitive sign of pregnancy. Similar evolution was reported by  Bhate [2]. The auditory hallucinations and the abdominal sensation had occurred while the patient was off any drugs of abuse. The possibility of flashback phenomenon was ruled out as patient did not report having similar experience anytime under the influence of cannabis.
Male patients have attributed their capacity to becoming pregnant as being due to ‘intersex’ state [9], due to change of internal organs [7,9] or as being a real possibility for all males [2,10]. Our patient did not give any such explanation. Reports have also mentioned patients’ explanations about the mechanism of impregnation. Patients reported being impregnated by kissing [10], by sexual contact with men [5,10], artificial anal insemination [9] or by self [2,7]. Our patient reported being impregnated by his own wife. This kind of highly bizarre explanation has not been reported before.

 Organic etiology

Presence of organic etiology has been previously reported [3,7]. But in this patient no physical or laboratory abnormality could be demonstrated. Tests for presence of cannabis at time of presentation were negative. Currently there is no literature to suggest cannabis can cause structural changes although subtle damage cannot be ruled out. Continuing effect of cannabis after it has been metabolized is a matter of debate [11-14]. It is possible that the psychosis was cannabis related while the delusion of pregnancy manifested later in the course, when cannabis could not be detected. Inhalant use is well known for causing brain damage, but in this case inhalant use was very infrequent and probably non contributory. Hence organic causation in the form of structural brain changes is unlikely in this case, but cannabis related pathology cannot be completely ruled out.

Psychodynamic factors


The onset of the delusion of pregnancy coincided with the birth of his child. Situational influence of this kind where men developed the delusion of pregnancy during wife’s pregnancy [15] or after coming in contact with pregnant ladies [8] has been described and psychodynamic causes have been suggested.
Patient did not express symptoms of pregnancy such as swollen abdomen, galactorrhoea, morning sickness etc. as reported in other cases [8,10]. This patient had no symptoms of pregnancy and firmly believed he was pregnant. Thus the current presentation does not suggest the phenomenon of Couvade [16] in which a man develops symptoms of pregnancy during the wife’s pregnancy but does not believe that he is pregnant.
 The patient was worried about loss of sexual potency related to excessive masturbation and consumption of cannabis. In the initial phase of psychosis, he was concerned about being turned into a female by his enemies. He sought medical help for impotence which he believed had been caused by the change of gender. In reality he was maintaining normal erectile functioning at that time, as clarified by his wife. He made sexual overtures to his wife in inappropriate social situations to the extent that family requested help of police. He reported the belief of being pregnant soon after his wife delivered. He  refused to accept his baby suspecting that his wife had been unfaithful. Throughout his illness duration (including the substance use), this patient seemed to be concerned about sexual matters. This indicates conflicts about sexuality. Previous reports have cited psychodynamic origins of delusions of pregnancy [4]. In this case it is possible that conflicts of sexuality may have manifested as delusion of pregnancy

Diagnosis and management


 Patient was diagnosed as having cannabis dependence and paranoid schizophrenia. The psychotic phenomena had started while patient was using cannabis. These phenomena continued to persist despite 4 months’ abstinence from cannabis. Although the literature does not provide clear support for the occurrence of a chronic cannabis induced psychotic disorder [17-19], the ICD-10 [20] does allow for such a diagnosis. Thus cannabis- induced schizophrenia-like psychosis can be regarded as a differential diagnosis. The commonest diagnosis reported previously is schizophrenia [4,5,7,10,15]. Other diagnoses reported are delusional disorder [9], post ictal psychosis [3], mania with psychotic symptoms [8,10] and psychotic depression [21]. Delusion of pregnancy occurring in cannabis induced psychosis has not been reported so far although alcohol abuse has been reported [8,15].
The delusion subsided when the hallucinations stopped. 6 weeks later patient was in clinical remission. The delusion of pregnancy may have given way to other psychopathology leading to its disappearance. It is also likely that the delusion had resolved due to recovery as antipsychotic had already been started. This kind of response to antipsychotic has been reported before [1,2,9,15]. 

Conclusion


This case illustrates the occurrence of a bizarre delusion of being pregnant in a male in the context of psychosis which was possibility cannabis induced. It is interesting to note the process of evolution and resolution, the effect of substance use, psychosexual issues and the diagnostic possibilities of the case.

 References

  1. Jenkins S B, Revita D M and Tousignant A: Delusions of Childbirth and labour in a bachelor. American Journal of Psychiatry 1962; 118:1048- 1050.
  2. Bhate J M, Spear J C M and Robertson P E: Delusions of Pregnancy in Men. British Journal of Psychiatry 1989; 155: 423-424.
  3. Chaturvedi S K: Delusions of Pregnancy in Men. British Journal of Psychiatry 1989; 154: 716-718.
  4. Shankar R: Delusion of pregnancy in schizophrenia. British Journal of Psychiatry 1991; 159: 285- 286.
  5. Varma S L  and Katsenos S: Delusion of Pregnancy. Australian and New Zealand Journal of Psychiatry 1999; 33: 118.
  6. Kornischka J and Schneider F: Delusion of pregnancy. A case report and review of literature. Psychopathology 2003; 36(5): 276-278.
  7. Chengappa K N R, Steingard S, Brar J S and Keshavan M S: Delusions of Pregnancy in Men. British   Journal of Psychiatry 1989; 155: 422-424.
  8. Miller L J and Forcier K: Situational influence on development of delusions of pregnancy in a man. American Journal of Psychiatry 1992; 149: 140.
  9. Bitton G, Thibaut F, Lefevre-Lesage I: Delusions of Pregnancy in a man. American Journal of Psychiatry 1991; 148: 811-812.
  10. Michael A,  Joseph A and   Pallen A: Delusions of Pregnancy. British Journal of Psychiatry 1994; 164:  244-246.
  11. Adams I B and Martin B R: Cannabis: Pharmacology and toxicology in animals and humans. Addiction 1996; 91(11): 1585-1614.
  12. Deahl M: Cannabis and  memory loss. British Journal of Addiction 1991; 86: 249- 252.
  13. Negrete J C: What’s happened to the cannabis debate? British Journal of Addiction 1988; 83: 359- 372.
  14. Rey J M and Tennant C C: Cannabis and Mental Health. British Medical Journal 2002; 325: 1183-1184.
  15. Thornicroft G: Cannabis and psychosis: Is there epidemiological evidence for an association? British Journal of Psychiatry 1990; 157: 25- 33.
  16. Hall W and  Degenhardt L: Cannabis use and psychosis:  A review of clinical and epidemiological literature.  Australia and New Zealand Journal of Psychiatry 2000; 34(1): 26- 34.
  17. Arseneault L, Cannon M, Witton J and Murray R M: Causal association between cannabis and psychosis: examination of the evidence. British Journal Of Psychiatry 2004; 184: 110-117.
  18. Radhakrishnan   R, Satheeshkumar G and Chaturvedi S K:  Recurrent delusions of Pregnancy in a Male. Psychopathology 1999; 32: 1- 4.
  19. Enoch MD, Trethovan WH. Barker JC(eds): Some Uncommon Psychiatric Syndromes. Bristol, Wright. 1967.
  20. World Health Organisation: The ICD-10 Classification of Mental and Behavioral Disorders 1992.
  21. Bernardo M,  Pintor L, Arrufat F, Salva J and Buisan E: Delusion of pregnancy in psychotic depression and ECT response. Convulsive Therapy 1996; 12(1): 39- 40.

 

 

 

 

 

 

 

 

Tuesday, January 8, 2013

STRESS LEVELS IN SENIOR FAMILY PHYSICIANS- A STUDY


   I thought it would be worthwhile to examine the source of stress for Senior Family Physicians in private practice. As I am more concerned with the professionals around me, I planned to study the senior doctors in Western Suburbs of Mumbai.

AIMS AND OBJECTIVES

OBJECTIVES-

To understand the degree and nature of stress affecting Senior Family Physicians working in the Western Suburbs of Mumbai city. I also wish to understand the origins of stress, so that some specific management strategies may be developed.

AIMS- Regarding Senior Family Physicians

1.       To measure the stress levels

2.       To find the source of stress

3.       To find information about demographic data, general health and habits

MATERIALS AND METHODS

Sample- I aim for a sample size of 30 doctors. A directory of Family Physicians published by the Indian Medic al Association’s Western Suburb Branch will be consulted to draw up a preliminary list. I will also consult the list of doctors registered with the Maharashtra Medical Council, to add any missing persons. Out of these only following doctors will be selected as subjects:

1.       Have at least 20 years professional experience in private practice

2.       Spend majority of their time working in the Western Suburbs of Mumbai city

3.       Are less than 60 years old. As I wish to minimise the medically unfit doctors

4.       Irrespective of qualifications, only those who are engaged in mainly family practice

A written, informed consent will be obtained and the questionnaires given to the doctor. The doctor will be left alone to answer the queries. Upon receiving back the proforma, they will be filed away without reading to ensure maximum anonymity of data. No advice or intervention will be provided to the doctors.

Instruments-

Following:

1.       Personal data questionnaire- I have developed it to collect data about Demographic profile, Health status and lifestyle

2.       Perceived stress scale- downloaded from internet. It has been used earlier in population of doctors

3.       Source of stress questionnaire- I have modified it to suit Indian conditions and language

STEPS OF STUDY

1.       Make a list of doctors

2.       Contact and take consent for participation in study

3.       Issue questionnaires

4.       Leave counterfoil with the doctor

5.       File away completed instruments

6.       Enter data

7.       Analyse

8.       Compare with existing data and explain the results

9.       Derive conclusions

10.   Suggest remedies

LIMITATIONS

It seems from my introduction that stress levels have become unmanageable only now. It may not be so. Other than stress, the reason for dwindling numbers of persons opting for medicine may be the availability of better options now

I want to exclude those doctors for whom health problems may be overwhelming. Hence, I have excluded the very senior doctors. However, the age of ‘60’ is only arbitrary and not based on any data

As I am a part of the same community I have an advantage that many doctors will trust me and cooperate. Hesitation to share personal data may also happen due to familiarity.

CONFLICTS OF INTEREST

This study is not sponsored by anybody