PROPOSED BILL ON
HUMAN RESOURCES IN HEALTH
AND IT’S IMPLICATIONS
THIS BILL IS SUPPOSED TO REPLACE EXISTING
MCI
The National Council for Human Resources in
Health Draft Bill, 2009
No. -- Of 2009
An Act To provide for the constitution of the
National Council for Human Resources in Health for prescribing standards with a
view to the proper planning and co-ordinate development of medical and allied health
education throughout the country, the promotion of qualitative improvement of
such education in relation to planned quantitative growth, the maintenance of a
national live electronic register of medical and allied health professionals
and to provide for an overarching framework for the regulation of human resources
in health in the country and proper maintenance of norms and matters connected
therewith or incidental thereto.
CHAPTER II
NATIONAL COUNCIL FOR HUMAN RESOURCES IN HEALTH
Establishment and incorporation of Council -
(1) with effect from such date as the Central Government may, by notification
appoint, there shall be established for the purposes of this Act, the National
Council for Human Resources in Health.
(2)
The Council shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power, subject to the provisions of this Act
to acquire, hold and dispose of property, both movable and immovable, and to
contract, and shall, by the said name, sue or be sued.
(3) The Council shall consist of a whole
time Chairperson, and not more than four whole time members, to be appointed by
the Central Government in accordance with section 5 of this Act.
(4)
The head office of the Council shall be at New Delhi.
Qualification for appointment
of Chairperson and other members - (1) Before appointing any
person as the Chairperson or member, the Central Government shall satisfy
itself that the person is an Indian citizen of eminent ability, integrity,
social commitment and professional standing with adequate knowledge and
experience, at least of 10 years, in dealing with medical or health education,
regulation of university level professional education or leadership of non-medical academic institutions imparting education in
disciplines such as law, management or public administration.
Appointment
of Chairperson and Members – (1) The appointment of
Chairperson and Members of the Council shall be made by the Central Government through Appointments Committee of the
Cabinet on the recommendation of a Selection Committee.
(2)
The Selection Committee shall consist of the Cabinet Secretary, Principal
Secretary to Prime Minister, Union Secretary for Health & Family Welfare
and two technical experts drawn from the Search Committee.
(3) The
Search Committee shall consist of the following, namely.
a. Secretary,
MoHFW, GOI as the Convenor
b. Four
other members of eminence in the field of health, education, social development
and public administration as may be appointed by the Central Government.
c. Secretary,
Department of Health Research, ex-officio member
(4) The
Search Committee shall recommend suitable names for consideration of the
Selection Committee on a ratio of 1:3.
(5) The
Selection Committee shall recommend five names, to the Appointments Committee
of the Cabinet, for appointments and three other names for a reserve panel of
selected members for appointments in case of any vacancies in the Council for
reason other than temporary absence.
Terms and conditions of office:–
(1)
The Chairperson and other
Members shall hold office for a term not exceeding three years, as the Central
Government may notify in this behalf, from the date on which they enter upon
their offices or until they attain the age of seventy years, whichever is
earlier.
Provided such term may,
on a recommendation made by the Selection Committee, be extended to another 3
years.
(2)
The salary and
allowances payable to and the other terms and conditions of service of the
Chairperson and whole-time members shall be such as may be prescribed by the
Central Government.
(3)
The salary, allowances
and other conditions of service of the Chairperson or of a member shall not be
varied to his disadvantage after appointment.
(4)
A vacancy caused to the
office of the Chairperson or any other member shall be filled up within a
period of one month from the date on which such vacancy occurs.
(5)
Notwithstanding anything
contained in sub-section (1), a member may—
(a) Relinquish
his office by giving in writing to the Central Government notice of not less
than three months; or
(b) Be removed from his office in accordance
with the provisions of section 7.
Powers of Chairperson – The Chairperson shall have powers of general superintendence and
directions in the conduct of the affairs of the Council and shall preside over
the meetings of the Council.
Removal of Chairperson or Member – (1) The Central government may by order
remove from office the Chairperson or any Member if the Chairperson or the
Member, as the case may be,—
a)
is adjudged an
insolvent; or
b)
has been convicted of an
offence which, in the opinion of the Central Government, involves moral
turpitude; or
c)
is, in the opinion of
the Central Government, unfit to continue in office by reason of infirmity of
mind or body; or
d)
has acquired such
financial or other interest as is likely to affect prejudicially his functions
as the Chairperson or a Member; or
e)
Has so abused his
position as to render his continuance in office prejudicial to the public
interest.
(2) No such member shall be removed from his
office under clause (d) or clause (e) of sub-section (1) unless he has been given
a reasonable opportunity of being heard in the matter.
Meetings of the Council
Vacancies etc., not to invalidate proceedings of the
Council
POWERS AND FUNCTIONS OF THE AUTHORITY
Permission to establish new institution or new course of
study etc.
Recognition and approval of courses
Recognition of qualifications
Recognition of foreign
degrees/qualifications
Withdrawal
of recognition
Maintenance
of world class medical and health education
Monitor institutions and bodies
constituted under the Act
National Register of Human Resources in Health –
Professional conducts
Power to require information as to
courses of study and examinations
Visit and inspection of examinations
Powers
of central government-Can override any decision of council
NATIONAL
LEVEL EXAMINATION
National level exit examination – (1) The Council shall conduct a national
level exit examination for broad and super speciality post graduate in medical
and/or health education as a standardised examination that may be taken by
anyone with a postgraduate qualification recognised by the Council.
(3)
The national exit exam will be equivalent to an MD/MS awarded by any recognised
university in the country.
(4) The Council may conduct a national
standardisation examination for undergraduate programmes and mandatory
screening test for candidates having successfully completed undergraduate
program from a foreign institution that is not recognised by the Council.
(5)Notwithstanding anything contained in this
chapter all central and state universities shall continue to conduct their own
examinations and award degrees thereon.
(6)
The National Board of Examinations (NBE) shall be abolished with the coming
into force of this Act
(7) The national exit examinations
shall be conducted online through the internet, and will mostly follow a
multiple choice format including the clinical aspect of medical practice as may
be prescribed.
(8) Individuals
possessing the requisite criteria, as prescribed by the Council, for appearing
for the national exit exam will be classified as ‘board eligible’, upon passing
the exam, an individual will be classified as ‘board certified’.
(9) In order to be
‘board certified’ one must qualify within 3 years of being ‘board eligible’.
(10) All ‘board
eligible’ candidates may practice in non-academic institutions. To be appointed
in an academic institution, an individual will need to either possess a post
graduate degree from a recognised university or be ‘board certified’.
STATE REGISTRATION BOARDS
Similar to central council state
councils will be established
IMPLICATIONS TO MEDICAL
FRATERNITY
1)NO
REPRESENTATION TO MEDICAL FRATERNITY
2)OVER
CENTRALISED
3)GOVT
CONTROLLED,BUEROCRATIC,UNDEMOCRATIC
4)EXIT EXAMINATION-ANOTHER
EXAM !!
5)ACCREDATION
POLICY
WHAT NEEDS TO BE DONE
1)CONCERTED
SYSTEMATIC OPPOSITION
2)MEET
ALL MP’S
3)ALL
DOCTORS ASSOCIATION SHOULD COME TOGETHER
4)ALL
ASSOCIATIONS SHOULD EDUCATE THEIR MEMBERS ABOUT SUCH DRACONIAN LAWS
5) IMA
OWN ACCREDITION
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