Chapter- 4

Chapter- 4
Miscellaneous
22. Code of conduct of the medical practitioner: (1) Registered medical
practitioners’ code of conduct towards patient and member of patient family
shall be as follows:
(a) To treat disease by making proper diagnosis with his/her
fullest intelligence and capability,
(b) Except the fee chargeable for his proper remuneration,
medicine and instrument and equipment, not to rise
improperly other financial benefit directly or indirectly,
(c) If he/she feels that he/she can not treat a patient with
his/her capacity, knowledge, skill and experience, to treat
after consultation with a specialist as far as available and
to notify, having regard to circumstances, clearly to the
patient or reliable family member of the patient that as far
as available treatment is to be made by specialist or to
recommend to an institution as like hospital.
(d) To inform, if it seems appropriate, to the patient or his
reliable family member about the graveness of disease.

 Amended by Third Amendment.
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Provided that with the object of financial or
otherwise simple disease shall not be made a grave one.
(e) Except in the following circumstances, not to deprive a
patient of his/her treatment.
(1) On refusal to provide remuneration,
(2) If he/she does not take the drug recommended by
him/her,
(3) If he/she pressurizes or compels the medical
practitioner to recommend unnecessary drugs,
(4) If he/she has given pressure to carry out illegal acts
by any means.
(f) After knowing that due to a grave disease patient needs
constant care, to advise member of the patient’s family or a
person looking after him to contact such type of medical
practitioner and to leave patient only after giving the
address of probable or place of his stay to them to contact
to him/her, if necessary,
(g) To show descent behavior to the patient and a person
looking after the patient and to treat disease according to
his/her fullest knowledge, intelligence, and experience and
nor to neglect and ignore the treatment of disease,
(h) Not to issue a false certificate of sickness or healthiness;
not to give false statement, evidence or speech for or
against somebody,
(i) Not to disclose, except according to law under the order
of a court of law, any secret matters concerning with
patient stated by the patient to him/her under his trust,
(j) Not to cause abortion except on health ground; to cause
abortion after consulting another medical practitioner and

Amended by Second Amendment.
Amended by Second Amendment.
22
if such medical practitioners too advises that non-abortion
would likely to jeopardize the life of the pregnant
woman or give birth to a disabled child or disturb mental
order of the pregnant woman; however, this shall not be
deemed to be the commission of any illegal act,
(k) If an accident is occurred in the course of treatment, to
treat as far as he/she can with his/her labor and
intelligence to save the life or an organ of the patient; if
the service of a specialist is available, to treat as far as
possible undertaking the responsibility of the patient, with
the assistance of such specialist,
(l) Not to treat patient taking narcotic drugs.
(2) A registered medical practitioner’s code of conduct toward his
colleague shall be as follows:
(a) Not to dominate or insult to the colleague by using word
or other any behavior.
(b) Not to mention in signboard or pad with the objective of
earning fame or money any other thing except his own
name, degree obtained and the post if any, he is holding.
Provided that, if he/she is an author of a book
written only for a medical practitioner or concerning
person but not for people in general, he may mention in
that book any other degrees obtained by him.
(c) Not to take any drug which would establish a habit and
not to cause as far as possible any colleague to so take a
drug as to establish a habit.
(d) Not to assist unqualified person to treat or do or cause to
be done work relating thereto.

 Amended by Third Amendment
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(e) Not to make directly or indirectly a person an agent to
bring patient before him, awarding such person a
remuneration or share.
23. Punishment and other action: s(1) The Council shall take action against a
medical practitioner who has violated the code of conduct set forth in Rule 22
and concealed a crime committed by him/her and may order the Registrar to
remove his/her name from register book.
(2) The Council shall provide an opportunity to medical practitioner to
present evidence of innocence by him/herself or through a lawyer; however, if
the medical practitioner against whom a charge is made does not appear in
person or sends a lawyer within the time specified, a decision shall made
exparte.
(3) No person shall be allowed to be present other than the concerned
medical practitioner, his lawyer, Council’s member and staff, counsel of the
Council in the proceeding initiated for punishment.
(4) The Registrar shall give notice to the concerned person, association,
and office of the decision to remove name.
(5) Prior to the removal of the name of any registered medical
practitioner from the register pursuant to Sub-section (1) of Section 17 and
Section 18 of the Act, the Council shall give him/her a reasonable opportunity
to present his /her clarification.
Provided that, such opportunity shall not be required to be provided to
the medical practitioner who is convicted by a final Court in an offense of
moral turpitude.
24. Appeal: (1) If an appellant filed an appeal against the decision or an act or
action of the Registrar to the Council under the Act and if the appellant is a
member of the Council, decision shall be made in the presence of both the
member and the Registrar in the meeting of the Council.
Provided that, the Chairperson of the Council shall have to give notice
of such meeting to the Registrar or appellant at least one month in advance.
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(2) If no body from among the Registrar and the appellant has not been
present on the day of meeting so notified by the Council under Sub-rule (1),
the Council may give its decision.
25. Provision concerning issuance of certificate: (1) While issuing a certificate
under section 29 of the Act by the registered medical practitioner, each
certificate shall be required to be registered in a register prescribed by the
Council.
(2) No person’s citizenship shall be ensured only on the basis of the
birth certificate issued under Sub-rule (1).