Compulsory Rural Medical Service or Nursing Home or Institution Rules 2013


In exercise of the powers conferred by sub-section (1) of Section-31 of the Andhra Pradesh Medical Practitioners Registration Act, 1968 (A.P Act 23 of 1968) as amended by the G.O.Ms.No. 129 Dated  8-8-2013 Andhra Pradesh Medical Practitioners Registration (Amendment) Act, 2013 (Act No.10 of 2013) , the Governor of Andhra Pradesh hereby makes the following Rules for granting Provisional Registration, making Compulsory Rural Service for Medical Graduates, Compulsory Government Service for Post Graduates, granting renewal of Registration, granting temporary permission for Foreign Visiting Doctors, permitting the Council to constitute Committees for inspection of Nursing Homes and the matters connected thereto.

RULES

1. Short title –

The rules may be called the Andhra Pradesh Medical Council (Compulsory Rural Medical Service and Compulsory Government Service, Renewal of Registration, visiting or inspecting the Hospital or Nursing Home or Institution) Rules, 2013.

2. Definitions:

(1) In these rules, unless the context otherwise Requires ;-

(a) ‘Act’ means the Andhra Pradesh Medical Practitioners Registration Act, 1968 as amended Act No. 10 of 2013.

(b) ‘Central Act’ means, the Indian Medical Council Act, 1956 (Central Act No.102 of 1956).

(c) ‘Chairman’ means, the Chairman of the Council

(d) ‘Council’ means the Andhra Pradesh Medical Council established under Section 3

(e) ‘Foreign visiting doctor’ shall mean and include a medical practitioner with foreign nationality possessing medical qualifications included in Second Schedule or Part-II of Third Schedule of Indian Medical Council Act, 1956 and enrolled as a Medical Practitioner in any foreign Country.

(f) ‘Government Service’ means any service rendered by a Medical Practitioner as specified by the Government from time to time in that behalf enabling him or her for Registration of Post Graduate Qualification under Section-15 B of the Act.

(g) ‘Rural Medical Service’ means medical service rendered by a Medical Practitioner as defined in Clause-(ii) of Section-2 of the Act.

(h) ‘Senior Resident’ means, a candidate after completion of Post Graduate Degree or Diploma or Super Specialty course and posted for Government Service in Public Sector Hospitals established and run by Government as specified in proviso to Section-15 B of the Act and work either independently or under supervision of a Senior Medical Officer or a Senior Professor of a Teaching Institution or a Medical College, as the case may be.

(2) The words and expressions used herein and not defined but defined in the Act, shall have the same meaning respectively assigned to them in the Act.

3 (1) An applicant for Registration from the date notified by the Government in this behalf shall produce proper evidence to the effect that he or she has completed one year of Rural Medical Service.

(2) In the absence of a notification issued by Government under the aforesaid Rule, an applicant for Registration, who was admitted to M.B.B.S course in any Medical College in the State during the academic year 2010-11 or subsequently shall render ‘Rural Medical Service’ of one year as defined in clause(ii) of Section-2 of the Act.

(3) The condition laid down in second proviso to sub-section (1) of Section-15 shall also apply to the persons who were admitted into M.B.B.S course during the academic year 2010-11 and onwards in any Medical College outside the State of Andhra Pradesh and who have not rendered Rural Medical Service in any State in India.

(4) The conditions laid down in Second Proviso to Sub-Section (1) of Section-15 shall further apply to the persons who were admitted to M.B.B.S or its equivalent course during the academic year 2010-11 and onwards in any Medical College in any Country outside India and who have not undergone Rural Medical Service in any State in India.

4. (1) An applicant for Provisional Registration, who is a citizen of India possessing a medical qualification granted by a Medical Institution outside India included in Part-II of the Third Schedule to Indian Medical Council Act, 1956 shall submit his or her application in the prescribed form giving a correct description of his/her qualification with the date on which the same was granted and submit his / her pass certificate or provisional degree issued by the University concerned in that Country.

(2) An applicant under sub rule-(1) above shall also produce evidence to show that he/she has passed Screening Test conducted by National Board of Examinations as per Indian Medical Council (Screening Test) Regulations – 2002 as well as ‘Eligibility Certificate’ issued by Medical Council of India under Foreign Medical Institution Regulations-2002 framed under Section – 13 (4B) of the Indian Medical Council Act, 1956. He or she shall produce evidence to the effect that he or she was granted Provisional Medical Registration by Medical Council of India in terms of Sub-Section (1) of Section-25 of the Indian Medical Council Act, 1956.

(3) An applicant for provisional Registration who is possessing a medical qualification granted by an University or an Institution which is included in First Schedule to Indian Medical Council Act, 1956 shall submit his or her application in the prescribed form giving a correct description of his / her qualification with the date on which the same was granted and submit his / her pass certificate or provisional degree issued by the University or the Institution when it is a deemed University. He or she shall also fulfill other requirements as are prescribed by the Council from time to time.

Provided that any person whose name has been provisionally registered under any law for the time being in force in any other State in India relating to registration of persons which enable them to be engaged in employment in a resident medical capacity or otherwise known as practical training, shall be entitled to be registered provisionally on production of proper evidence that he has been granted Provisional Registration of the State Medical Council concerned.

Provided further that he or she shall submit a latest certificate to the effect that the State Medical Council which has granted registration does have no objection for his/her Provisional registration in the Council.

He or she shall also submit provisional degree or pass certificate of the University or an Institution which is a deemed University along with a ‘No Objection Certificate’ of the University / Institution concerned. He or she shall also fulfill other requirements as are prescribed by the Council from time to time.

(4) The applicant for Provisional Registration under sub rule- (1) or sub-rule-(3) above shall pay such fee as may be prescribed by the Council.

(5) The Registrar shall, if satisfied that the applicant is entitled to be registered provisionally under sub rule-(1) or sub rule-(3 )above, enter his / her name in the Register maintained in this behalf.

(6) Upon entry in the register of a name under sub rule-(5) above, the Registrar shall issue a certificate of Provisional Registration in the prescribed form. The certificate of Provisional Registration apart from other details shall contain the date of provisional registration and the period up to which the provisional registration is valid.

(7) Any person who fails to complete his practical training i.e., the Compulsory Rotating Internship, within the validity period specified in the certificate of Provisional Registration, shall make an application in the prescribed form and pay such fee as may be prescribed by the council in this behalf to get the Provisional Registration revalidated for the required period which shall not exceed a period of one year.

8) The certificate of Provisional Registration revalidated under sub rule-(7) above shall contain other details, the date on which the revalidation done and the period up to which the revalidation shall be in force.

Provided that the applicant for revalidation of Provisional Registration, when he / she has completed the practical training , a portion of which was extended beyond the validity period of Provisional Registration, the Registrar shall, if satisfied shall post-facto issue a certificate of Revalidated Provisional Registration.

(9) A person who is an applicant for Registration under Section – 15 of the Act shall be eligible for grant of Registration on production of Provisional Registration granted under sub rule-(1) or sub rule-(3) or Revalidated Provisional Registration granted under sub rule-(8) above and fulfill the condition of Compulsory Rural Service whenever it is made applicable.

5.(1)Every application by a Registered Practitioner for the grant of registration of additional qualification shall accompany the ‘Post Graduate Degree or Diploma’ together with copies thereof and such other documents as are prescribed by the Council. The application shall be in the form prescribed in this behalf.

(2) As soon as the provisions relating to the renewal of registration come into force, a Registered Practitioner is entitled for grant of registration of additional qualification when he / she has renewed registration in accordance with provisions contained in Section-15C of the Act or obtained certificate of fresh registration as per proviso to sub-section (3) of Section-15C.

(3) The Council may refuse to grant registration of additional qualification to any person who was convicted of an offence involving moral turpitude with imprisonment for a period of not less than six months or with a fine of not less than Rupees five hundred, and a period of five years has not elapsed from the date of such conviction, or who after due enquiry by the Council or Committee thereof was found guilty by the Council of misconduct in any professional respect.

(4) The Registered Practitioner whose application was refused by the Council on the ground of removal of name of the said practitioner for a specified period, he or she is entitled for grant of registration of Additional Qualification after expiry of the specified period.

(5) The Council may if it thinks fit, after giving notice to the person concerned and inquiring into his / her objections, if any, refuse to grant registration of Additional Qualification during pendency of a complaint made against him / her.

Provided that he / she will be entitled for grant of registration of Additional Qualification after disposal of the complaint by the Council and after Council coming to the conclusion that the medical practitioner is not guilty of misconduct.

(6) Any Medical Practitioner who was admitted to any Post Graduate Medical Course from the academic year 2010-11 onwards shall render compulsory Government Service for a period of one year in public sector Hospitals namely Community Health Centers, Area Hospitals, District Hospitals, Teaching and Super Speciality Hospitals including NIMS, SVIMS and RIMS and Government Medical Colleges as the case may be in the State to enable him to get his / her Post Graduate Qualification registered. The condition of Compulsory Government Service is also applicable to the candidates admitted to D.N.B. Course during the academic year 2010-11 onwards.

(7) The condition of compulsory Government Service shall not apply in the case of persons who were admitted to any Post Graduate Medical Course under in-service category on whose part continuing in Government is obligatory on completion of Post Graduation.

(8) The condition of compulsory Government Service as prescribed by Government in this behalf shall apply to all persons who are applicants for registration of additional qualification and admitted to any Post Graduate degree or diploma or Super Speciality from the academic year 2010-11 onwards in any institution outside the State including D.N.B. Course conducted by National Board of Examinations, New Delhi.

(9) The Registrar shall, if satisfied, that the qualification held by the applicant is a recognized qualification and included in any of the Schedules to Indian Medical Council Act, 1956 and is entitled for grant of Registration of additional qualification, enter the said additional qualification in the Register maintained under Section -15 of the Act in addition to the entry of the qualification made earlier.

(10) Upon entry in the Register maintained under Section-15, the Registrar shall issue a Certificate of Registration of additional qualification in Form-4A or Form-4 B or Form-4 C, as the case may be;

(11) (i) Where it is shown to the satisfaction of the Registrar that a Certificate of Registration of additional qualification has been lost, destroyed, mutilated or defaced, the Registrar may, on submission of an application in the prescribed form, on fulfillment of such requirements as are prescribed in this behalf and on payment of prescribed fee, issue a duplicate certificate in the same form prescribed under sub rule- 10 above.

(ii) In all cases where the Certificate of Registration of additional qualification is lost or destroyed, the word ‘Duplicate’ shall be shown across the duplicate certificate. In the cases where the ‘Certificate of Registration of additional qualification’ which was mutilated or defaced is surrendered, the words “Certificate surrendered and fresh certificate is issued” shall be shown clearly underneath the certificate so issued.

6.(1) Every person whose name is borne on the medical register maintained under Section-15 of the Act shall renew his or her registration after expiry of the period of five years from the date of registration. He/she shall apply to the Registrar in the form prescribed thereof by giving a correct description of his/her qualifications with the dates on which they were granted and present his Certificate of Registration and such other documents as are prescribed in this behalf along with such fee as may be prescribed for being granted renewal of registration under the Act.

(2) Every application submitted by a Registered Practitioner for grant of renewal of registration shall be received by the Registrar in the manner prescribed by the Council within six months from the date of commencement of these Rules or before the day fixed by the Council by a notification issued by the Council in the daily news papers or made available in the Council’s Website.

(3) A Registered Practitioner who fails to renew his or her registration within the time stipulated under sub rule -2 above, may renew his registration within a further period of one year or within such period as may be fixed by the Council in this behalf on payment of late fee as prescribed by the Council.

Provided that no application for grant of renewal of registration shall be accepted on expiry of the period of eighteen months from the date of commencement of these Rules.

(4) The Registrar shall remove the name of any practitioner who fails to renew his registration under sub rule-3 above, from the Register maintained under Section-15 of the Act .

(5) Any applicant for renewal of registration shall produce proper evidence to the effect that he or she has participated or attended a minimum of thirty hours over a period of preceding five years in any Continued Medical Education Programme in terms of Clause (cc ) of Section-2 of the Act.

6) Any application received for grant of renewal of registration shall caused to be verified by an employee of the Council and an officer not below the rank of Assistant Registrar of the Council.

(7) The Registrar shall, if satisfied that the applicant is entitled to be granted renewal of registration, enter his/her name in the Register maintained in this behalf. Such Register shall be deemed to be official record/official document within the meaning of the Indian Evidence Act, 1872.

(8) The Registrar shall after expiry of the period of eighteen months as specified in sub rule-4 above shall remove the name of a Registered Practitioner and the names so removed shall be deleted from the data base of the Council. The names and registration numbers so deleted shall be displayed from time to time on the Council’s Website. The information made available on the Council’s Website as to the deletion of names shall be deemed to be public document and the information downloaded from the Website and printout obtained thereon shall be deemed to be a certified copy of public document when it is authenticated by the Registrar or an officer duly authorized by him in this behalf.

(9) The Registrar subject to the provisions contained in Sub-Section (4) of Section-17 may grant fresh registration in the cases where the names of persons removed from the Medical Register under sub rule-(4) above, on payment of fee including Re-registration fee as may be prescribed by Council in this behalf.

(10) The application for grant of fresh registration or re-registration under sub rule-(9) above shall be in the form prescribed in this behalf duly accompanying such documents as may be prescribed by the Council.

(11) Every application by a Registered Practitioner for grant of fresh registration or re-registration shall be accompanied by a declaration prescribed below.

“I hereby declare that I am not aware of any disciplinary proceedings against me on the ground of a defect of character or of infamous conduct in any professional respect nor have I been convicted of any offence implying a defect of character”

(12) In addition to the documents as may be prescribed by the Council under sub rule-(10) and the declaration in the Form prescribed thereunder , the applicant may be required to file an affidavit in the prescribed form stating clearly the reasons for not being renewed his/her registration.

(13) Upon entry in the Register of a name under sub rule-(7) above, the Registrar shall issue a certificate of Renewal of Registration in Form-V. Any person who is an applicant for grant of fresh registration as per proviso to Sub-section (3) of Section -15C is entitled for an entry of his/her name in the same Register maintained under sub rule-(7) above and he/she shall be issued a certificate of fresh registration in Form-VA.

(14) The Council may refuse to grant renewal of registration to any person who was convicted of an offence involving a moral turpitude with imprisonment for a period of not less than six months or with a fine of not less than rupees five hundred and a period of five years has not elapsed from the date of such conviction, or who after due enquiry by the Council or a Committee thereof was found guilty by the Council of misconduct in any professional respect.

(15) The disqualification in sub rule (14) above shall also apply to the persons who were convicted by competent Court and who have preferred an appeal before appellate Court and the Judgment of such appellate Court is pending, regardless to the fact that the appellate court granted stay on the operation of the order passed by the lower court.

(16) Any person whose application is refused on the ground of his or her conviction is eligible for grant of renewal of registration on expiry of the period of five years or upon setting aside the conviction by the appellate court.

(17) Any person whose application is refused on the ground that his/her name was removed from the register for a specific period, he/she is entitled for grant of renewal of registration on expiry of the period for which his or her name was removed from the Medical Register as per Sub-section (2) of Section -17 of the Act.

(18) Where it is shown to the satisfaction of the Registrar that a certificate of renewal of registration or certificate of fresh registration has been lost, destroyed, mutilated or defaced, the Registrar may, on submission of an application in the prescribed form, on fulfillment of such requirements and on payment of prescribed fee, issue a duplicate certificate in the prescribed form.

In all cases where the “Registration Certificate” is lost or destroyed, the word “Duplicate” shall be shown clearly across the duplicate certificate. In the cases where the “Registration Certificate” which was mutilated or defaced is surrendered, the words “certificate surrendered and fresh certificate is issued” shall be shown clearly underneath the certificate so issued.

(19) All applications received for issue of fresh certificate of registration shall be submitted by the Registrar to the Chairman who may if thinks fit, instruct the Registrar to place all such applications before a Committee appointed by the Council as provided in Sub-section (1) of Section 12 of the Act and the recommendations or report of the Committee be then placed before the Chairman who shall pass such orders as he deems fit.

(20) The provisions relating to late fee for granting Renewal of Registration or fine for granting fresh registration under these rules, shall not apply to the cases where an application is refused by the Council as provided in sub rule-(14) above and when the Council consider the same on expiry of the period of five years or upon setting aside the conviction by the appellate Court.

Provided that the same shall apply in the cases of persons who are entitled for fresh registration under sub- section (4) of Section-17 of the Act.

7. (1) Any person from other country in the world who visits Andhra Pradesh for the purpose of demonstration of skill or such associated work shall be permitted to undertake such demonstration of skill or associated work in an approved institution, when an application is received from his/her counterpart in Andhra Pradesh.

(2) The application for grant of temporary permission shall accompany the medical degree awarded in that foreign country, proper evidence to show that the foreign visiting doctor has enrolled himself or herself as a medical practitioner in accordance with any law for the time being in force in that country relating to the licensing or registration of medical practitioners. The application shall also accompany the passport of the Country, a recent certificate of ‘Good Standing’ or a recent ‘No Objection Certificate’ obtained from the Registering / licensing authority concerned where he or she holds citizenship and such other documents as the Council may prescribe from time to time.

(3) Where the foreign visiting doctor is a person possessing a qualification which is included in Second Schedule or Part-II of Third Schedule to Indian Medical Council Act, 1956, he is entitled to be entered his/her name in the Register maintained for that purpose and also for a certificate of Temporary Permission in Form-VI A.

(4) Where the foreign visiting doctor is possessing a qualification which is not included in any of the Schedules to Indian Medical Council Act, 1956, but he/she is a person enrolled as a Medical Practitioner in that Country for the said qualification, he/she is entitled to be entered his/her name in the same register maintained under the provisions of Section-15D of the Act and entitled to receive a certificate of Temporary Permissions in Form-VI B, where the Council may impose other conditions as the Council consider necessary to accord such temporary permission.

(5) Where the foreign visiting doctor is a person possessing the Medical Qualification included in any of the Schedules to Indian Medical Council Act, 1956 and attached to an approved institution for the purpose of obtaining further training, he or she is entitled for an entry his/her name in the same Register maintained under Section-15D of the Act and is entitled to receive a certificate of Temporary Permission in Form-VI C and the certificate so issued shall contain such conditions as the Council may consider to impose which includes that the certificate is valid for the “purpose of further training” and not for other purposes.

Provided that the foreign visiting doctor is a person possessing the Medical Qualification which is not recognized for the purposes of this Act, but enrolled as a Medical Practitioner in that country and intending to obtain further training in any approved institution, he or she is entitled for an entry of his/her name in the same Register maintained in this behalf and is entitled to receive a certificate of Temporary Permission in Form-VI D and the certificate so issued shall contain such conditions which shall include that the certificate so issued is valid for “obtaining training on models” and not for other purposes.

(6) The expressions “Recognised Qualification” or “Qualifications included in Schedules to Indian Medical Council Act” occurring in these rules shall also apply to all Post Graduate Medical Qualifications awarded in Australia, Canada, Newzealand, United Kingdom and United States of America and recognized for enrolment as medical practitioners in the concerned specialities in the respective countries in terms of Notification issued by Central Government, vide No..11025/11/2007-ME-P-I, dated 7th March, 2008 and published in the Gazette of India-Extra-ordinary, appended to these Rules as Annexure-I.

(7) Where the medical practitioner is a person possessing recognized medical qualifications obtained in any State in India and attached to any approved institution in the State of Andhra Pradesh for the purpose of demonstration of technique or such associated work shall also obtain temporary permission, when he or she has not registered his/her name in Medical Council of India.

(8) The application for the purpose of temporary permission shall be in the prescribed form made by the head of the approved institution or administrator or head of the Unit of the concerned speciality who shall be a registered practitioner.

(9) The Council may refuse to grant temporary permission to any person who fail to produce proper evidence to show that he is possessing recognized medical qualification or he/she has enrolled as medical practitioner in that country or the applicant is not a Medical Practitioner registered under the provisions of the Act or his/her name is not borne on the Medical Register as on the date of submission of application or the application submitted in this behalf does not contain necessary information or the documents as are required for the purpose of obtaining temporary permission under these rules have not been submitted or the foreign visiting doctor or medical practitioner from other parts of India has been subjected to disciplinary proceedings initiated by the respective regulatory bodies which prevent them to continue as medical practitioners in the country or the State as the case may be.
8.
(1) The Chairman of the Council may constitute one or more Committees each consisting of two or three members.

(2) The Committee or Committees so constituted shall perform the following functions, namely;

(a) Inquire suomoto or on a petition presented to the Chairman.

(b) Visit or inspect, either by giving a notice or surprisingly, any hospital or Nursing home or institution or places where unethical practices are alleged to be in vogue.

(c) Visit or inspect either any hospital or nursing home or institution or place where un-qualified persons or quacks or doctors who do not belong to Modern System of Scientific Medicine but are practicing modern medicine and are prescribing drugs of modern medicine.

(d) Visit or inspect any hospital or nursing home or institution or place where the medical practitioners whose names were removed from the register are alleged to be continuing to practice without surrendering the certificate of registration without sufficient cause.

(3) Whenever information is received that a Medical Practitioner has been indulged in unethical practices which are unbecoming on the part of any Medical Practitioner, the Registrar shall make an abstract of such information.

(4) Any act of the Medical Practitioner shall be construed as unethical, when he or she has indulged in any act which is included in chapter-6 of Indian Medical Council (Professional Conduct, etiquette and ethics) Regulations-2002 or any act which in the opinion of the Council is unbecoming on the part of a practitioner of modern scientific medicine.

(5 Where the information in question relating to practice of Modern Scientific Medicine or prescribing drugs of modern medicine by a qualified practitioner of other systems of medicine, such as Ayurvedic, Homeopathy, Unani, Naturopathy or Sidda, the Registrar shall make an abstract of such information.

(6) The abstract and where a complaint has been lodged, the complaint and all other documents bearing on the case shall be submitted by the Registrar to the Chairman, who may if thinks fit, instruct the Registrar to furnish the institution concerned with a copy of the complaint and other documents and invite the head of such institution by means of a registered letter to submit any explanation he may have to offer within a period of ten clear working days.

(7) Whenever the Commissioner, AYUSH is in receipt of information from the Council that a Medical Practitioner of Ayurveda, Siddha, Unani, Homeopathy and Yoga or Naturopathy is found practicing Modern Medicine or prescribing drugs of Modern Medicine, he shall initiate appropriate action against such practitioner in terms of Government Memo. No.8914/L2/97-1, dated. 17-3-1997 appended to those rules as annexure – II. The Commissioner, AYUSH shall initiate appropriate action within thirty days on receipt of such information from the Council and intimate the action taken thereon to the Council.

(8) Whenever any information is received or evidence is brought before any Committee constituted by the Council under clause (iv) of Section 20 of the Act that drugs of Modern Medicine are dispensed by Druggists or Chemists on the prescription of practitioners of other systems of medicine, the Council on receipt of such report from the Committee shall communicate the same to the Drug Inspector or Assistant Director of Drug Control Administration with a request to take appropriate action on the Druggist or Chemist concerned as per the provisions of Drugs and Cosmetics Act,1940 and the Rules made thereunder. If the Council come to the conclusion that no action has been initiated by the Drugs Inspector or the Assistant Director, Drug Control Administration within a period of thirty days, the Chairman of the Council may instruct the Registrar to furnish the details to Director General, Drugs Control Administration with a copy of information received in this respect or copy of complaint and other documents and request him to issue necessary instructions to the Drug Inspector or Assistant Director concerned.

(9) Where, in any clinic or hospital or nursing home or other institution or place where un-qualified persons or quacks are found practicing modern system of Scientific Medicine or prescribing drugs of modern medicine, criminal proceedings will be initiated by making a compliant to the station house officer concerned as per Section 22 of the Act.

Andhra Pradesh Medical Council (Compulsory Rural Medical Service 2013

(10) Where it is found that the Station House Officer has not acted upon the complaint-petition of the Council, the Chairman, APMC who may thinks fit, instruct the Registrar to furnish the information together with other documents on record to the Superintendent of Police of the District Concerned or the Sub-Divisional Police Officer with a request to instruct the Station House Officer to initiate appropriate action in accordance with the Law.

1.    G.O.Ms.No.115, HM & FW (E2) Department, Dated: 29/07/2013.
2.    G.O.Ms.No.120, HM & FW (E2) Department, Dated: 01/08/2013.
3.    From the Chairman, A.P. Medical Council, Hyderabad, Letter No. APMC / Rules / 004 / 2013, Dated: 02/08/2013

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