MAINTENANCE OF STANDARDS OF MEDICAL EDUCATION REGULATIONS, 2023

6022 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 652] NEW DELHI , THURS DAY , SEPTEMBER 21, 2023/ BHADRA 30, 1945 CG-DL-E-22092023-248882 NATIONAL MEDICAL COMMISSION NOTIFICATION New Delhi, the 19th September, 2023 MAINTENANCE OF STANDARDS OF MEDICAL EDUCATION REGULATIONS, 2023 F. No. N -P016/1/2023 -PGMEB -NMC. —exercise of overall powers conferred by the National Medical Commission Act, 2 019 and particularly by sections 10, 24, 25 and 57 of the said Act, National Medical Commission makes the following Regulations to ensure smooth compliance with its functions in general and particularly to maintain a high quality and high standards in medi cal education. CHAPTER I – PRELIMINARY 1. Short Title – These Regulations may be called the “Maintenance of Standards of Medical Education Regulations, 2023”. In short, these regulations will be called MSMER -2023. 2. Commencement - These Regulations shall come into force from the date of their publication in the official gazette. 3. Definitions – In these Regulations, unless the context otherwise requires the terms defined herein shall bear the meaning assigned to them below and their cognate expressions and vari ations shall be construed accordingly – a. “Act” shall mean National Medical Commission Act, 2019 [Act No. 30 of 2019]. b. “Commission” shall mean the National Medical Commission duly established under Section 3 of the National Medical Commission Act, 2019. c. “Evaluation” shall mean the expression or activity of ‘Evaluation/inspection’ which shall include virtual and/or physical inspection. d. “MARB” shall mean the Medical Assessment and Rating Board constituted under Section 16 of the National Medical Commission Ac t, 2019. e. “Medical College or Medical Institution” - unless the context otherwise requires, shall mean any college or by whatever name called, in which a person may undergo a course of study or training which will qualify him for the award of any recognized graduate or post -graduate medical qualification. f. “MSR” shall mean the Minimum Standards Requirements as notified by the Post Graduate Medical Education Board or Under Graduate Medical Education Board as such or by way of guidelines and which shall also in clude, explanatory notes, circulars, advisories, etc., issued from time to time. g. “PGMEB” - refers to Post Graduate Medical Education Board constituted under Section 16 of the National Medical Commission Act, 2019. h. “UGMEB” - refers to Undergraduate Medical E ducation Board constituted under Section 16 of the National Medical Commission Act, 2019. i. “EMRB” - refers to Ethics and Medical Registration Board constituted under Section 16 of the National Medical Commission Act, 2019. CHAPTER II – ANNUAL DISCLOSURE REPO RT AND ITS EVALUATION 4. Mandate of Annual Disclosure 1) After its establishment, the medical college or medical institution is obligated to furnish an Annual Disclosure Report to the corresponding Board, satisfying such conditions provided under the notified MSRs by UGMEB or PGMEB and regulations of NMC, as the case may be. 2) Without prejudice to anything stated above, the concerned Board may seek such additional information with regard to the Annual Disclosure Report, as and when deemed necessary for their assessment and otherwise from the concerned medical institution or concerned agencies having or exercising control over that medical college or medical institution. 3) It shall be the duty of the medical college or medical institution or the concerned agen cy or agencies exercising control over such medical college or medical institution to furnish the information (including additional information) to the concerned Board in the prescribed mode. 5. Evaluation of Report 1) Keeping in mind the overall objectives of the Act, the respective Board (PGMEB or UGMEB) may undertake the evaluation of the Annual Disclosure Report for verifying whether the medical college or medical institution fulfils the required conditions prescribed by way of MSRs or NMC Regulations as th e case may be, which shall include – i. verification of physical infrastructure; ii. availability of required number of qualified faculty for actual teaching and research and to undertake necessary student learning activities on a regular and continued basis; iii. availability of adequate clinical material in terms of number of patients of different specialties, variety of patients to fulfil all round training of students, number of variety of procedures, surgeries, laboratory investigations, radiological investigatio ns and other relevant investigations; iv. assessment of the teaching methodology adopted; v. the methods and modes of assessment, grading of the students; vi. review of feedback from students; vii. other parameters related to standards of medical education that may be add ed from time to time by the respective boards or NMC. 2) Without prejudice to (1) above or elsewhere in these Regulations, at its sole discretion, the respective Board may seek any additional information or clarification or additional documents etc., from the medical college or medical institution while considering the Annual Disclosure Report referred above. 3) The Medical College shall furnish such information or clarification or additional documents, etc., sought under sub -section (2) above at the earlies t but not later than 30 days from the date of receipt of communication from the respective Board or such additional time to be provided by the respective Board on specific request from the applicant in that regard. Provided, the medical college or medical institution shall adhere to the prescribed format or pro -forma, while furnishing of information or clarification or additional documents etc., as required by the concerned Board. 4) If the applicant fails to submit such information or clarify or provide a dditional documents etc., as mandated by the respective Board within such prescribed time including any additional time provided by the respective Board, shall be deemed as non -compliance with the Regulations and shall attract penalty. 6. Joint or Independen t Evaluation 1) Notwithstanding anything stated elsewhere in these Regulations, any of the Board (other than corresponding Board) individually or collectively, may cause to evaluate the accuracy and/or truth and/or veracity of the averments made out in the Annual Disclosure Report from the medical college or medical institution. 2) When such evaluation as enumerated under sub -section (1) is undertaken, it shall be the duty of the concerned medical college or medical institution to provide all necessary suppo rt to the concerned Board or Boards as the case may be, in their course of evaluation, which shall also include disclosure of documents, providing additional evidence as the case may be, providing oral statements etc. 3) Without prejudice to anything state d above, the concerned Board or Boards conducting evaluation under this provision, shall mandatorily share such conduct of an evaluation and its outcome to other Boards and NMC at the earliest but not exceeding seven days. 4) After such inspection under th is Regulation, if the concerned Board or Boards contemplate any remedial measure or action etc., such measure or action shall be intimated to the medical college or medical institution, through the concerned Board (UGMEB or PGMEB). Provided it shall be the administrative responsibility of the concerned Board to oversee that such measure or action intimated are duly complied with by the medical college or medical institution. 7. Consequence of Compliance 1) If the medical college or medical institution is found to be successfully meeting requirements as prescribed for the UGMEB or PGMEB as the case may be, the concerned Board shall provide a renewal certificate for continuation of the course/s and admission of students thereof for the next/ coming Academic Year. 2) Any deficiency noted will attract penalties with or without the decision above. CHAPTER III – PENALTIES 8. Penalties 1) Where the respective Board has reason to believe that a medical institution has failed to comply with any statutory provision, regulati ons framed thereunder or has not complied with the Minimum Standards of Requirements as prescribed by their respective Boards, or has conducted themselves in any manner which is not in accordance with the goals of medical education and practice, the Board shall either penalize the medical college or medical institution and /or conduct further enquiry into such act and wherever needed provide an opportunity to rectify the same. 2) Without prejudice to anything stated at Section 8.1 above, the imposition o f the penalty may include one/more/ all of the following – a. Issuance of warning with direction to rectify/comply, as the case may be, by the medical institution; b. Monetary penalty not exceeding INR one crore per violation or act of omission by the medical institution; c. Monetary penalty not exceeding Rupees five lakh for the faculty/ Head of the Department (HoD)/ Dean/Director/doctor submitting false declaration/documents/records (including patients’ records). Further, they can also be charged or p enalized for misconduct under the Registered Medical Practitioner (Professional Conduct) Regulations in vogue. d. Withholding the accreditation process; e. recommending to MARB for withholding processing of application(s) for any new course including incre ase of seats in the existing course for that academic year or for such number of years. f. Reducing the number of students in the next or subsequent academic years to be admitted by the medical institution; g. Stoppage of admission to one or more of the courses in the next or subsequent academic years. h. Recommending to NMC for withdrawal of permission; i. Withholding and withdrawal of accreditation for a period up to five academic years. j. Any attempt to pressurize UGMEB, PGMEB or NMC through ind ividuals or agency will lead to immediate halt of the processing of all applications/requests by the medical institution. Provided that the medical institution, may be granted a reasonable opportunity to rectify the deficiencies and any further action sha ll be taken if it fails to meet the requisite norms. Provided further that, the UGMEB, PGMEB or the NMC may also initiate criminal proceedings for furnishing false information, or fabrication of false documents as per the criminal law in force at that tim e. CHAPTER IV –APPEALS 9. Appeal to NMC A medical college or medical institution or any such aggrieved person may file an appeal before the Commission with an appropriate fee as specified against any order. Provided, such an appeal is filed within sixt y days of passing of such an order or lapse of time, as the case may be. 10 Appeal to the Central Government Where an applicant/ medical college or medical institution is aggrieved by the decision of the Commission or where the Commission fails to give its de cision within forty -five days from the date of receipt of such an appeal, a second appeal may be filed before the Central Government within thirty days from the date of such order or lapse of time, as the case may be. The decision of the Central Government in this regard shall be final. Dr. VIPUL AGGARWAL, Secy. [ADVT. -III/4/Exty./4 34/2023 -24] Note: These Regulations are being published in English and Hindi, the English version shall prevail in case of any doubt about the interpretation of these Regulation s. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.