The Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) has outlined an appellate mechanism for Registered Medical Practitioners (RMPs) facing disciplinary action for violations of ethical advertising and public communication guidelines. The framework provides doctors with an opportunity to challenge decisions of State Medical Councils (SMCs) while specifying graded penalties for non-compliance.
The provisions form part of the Guidelines on Ethical Advertising and Public Communication by Hospitals/Medical Institutions and Registered Medical Practitioners, released by the NMC on October 6, 2026. The guidelines aim to ensure that advertisements and digital communications relating to medical practice and healthcare services remain ethical, truthful, transparent and responsible.
Appeal Mechanism for Registered Medical Practitioners
Under Section 30(3) of the National Medical Commission Act, 2019, any RMP dissatisfied with the findings or decision of a State Medical Council may file an appeal before the EMRB, NMC, within 60 days.
The appellate authority will independently examine the appeal and may call for relevant records, direct a fresh assessment, seek additional opinions or undertake further examination wherever necessary.
Following the review, the authority must issue a reasoned order clearly explaining whether the State Medical Council’s findings are upheld, modified or set aside.
Doctors dissatisfied with the first appellate decision may file a second appeal under Section 30(4) of the NMC Act, 2019, within 60 days of receiving communication of that decision.
NMC Prescribes Graded Penalties for Violations
The guidelines establish a graded disciplinary framework based on the frequency and seriousness of violations.
- First violation: Warning from the concerned State Medical Council along with mandatory ethics training.
- Second violation: Censure and a monetary penalty.
- Third violation: Suspension of medical registration for three to six months.
- Serious violations: Suspension of registration for up to 12 months in cases involving misleading cure claims, patient inducements, digital mass solicitation or similar misconduct.
- Repeated violations: Removal of the doctor’s name from the medical register for a period of one to three years.
Separate Provisions for Hospitals and Medical Institutions
For violations committed by hospitals or medical institutions, the applicable penalties and appellate procedures will be governed by the Clinical Establishments Act and its associated rules or other relevant state legislation.
However, where an individual doctor has personally authorised, participated in, endorsed or otherwise been responsible for prohibited advertising or communication, their professional conduct may be examined separately.
Such cases may be reviewed by the concerned State Medical Council, the Ethics and Medical Registration Board or the National Medical Commission, as applicable.
Focus on Ethical Healthcare Communication
The guidelines cover advertising and public communication by hospitals, medical institutions and registered medical practitioners, including communication through digital platforms.
By establishing disciplinary measures alongside a formal appeal process, the NMC has set out a framework for addressing misleading or unethical healthcare promotion while allowing doctors to seek review of disciplinary decisions.
The provisions also distinguish between institutional violations and the individual professional responsibility of medical practitioners involved in prohibited communication.
Source: Medical Dialogues