Professional Misconduct - homeopathy360

Professional Misconduct

Dr Vidya Sanjay Pendse                                 
Professor & H.O.D.of F.M.&T.                                  
C.D.Pachchigar college of Homoeopathy Medicine, Surat

Professional Misconduct (Infamous conduct in professional respect.)


Medicine and Law have always been related to each other .Bonds that united them from ancient times. In order to attract the act of Professional Misconduct,  awareness  is necessary.


It is any conduct of doctor which might reasonably be regarded as disgraceful or dishonourable.

The conduct of the doctor is judged by professional men of good repute and competence . It involves an abuse of professional position.

A registered Homoeopathic practitioner is required to observe certain prescribed rules of conduct contained Code of Medical Ethics, published by the Central Council of Homoeopathy Regulations (Professional conduct , Etiquette, & Code of Ethics)1982 .(As amended as per notification published in the Official Gazette dated July 12, 2014.) & by State  Homoeopathic Medical Councils.

The Central council of Homoeopathy gives examples of offence which constitute serious professional misconduct.

Each case has to be decided on its specific facts and merits.

If any one is found guilty of any of following acts of commission or omission by a practitioner shall constitute Professional Misconduct & he shall liable for disciplinary action ,namely:-

a) if the practitioner contravenes any of the provisions of these regulations;

b) if the practitioner fails to display the registration number accorded to him by the State Homoeopathic council or Board or the Central Council of Homoeopathy, as the case may be, in his clinic;

c) if fails to maintain the records of prescription & issued by him ;

d) if commits the offence of adultery or misbehaves with a patient , or maintaining an improper association with a patient;

e) if convicted by a court of law for offences involving moral turpitude;

f) if sign or gives under his name and authority any certificate , report or document of kindred character which is untrue , mislead or improper;

g) if contravenes the provisions of law relating to the Drugs & Cosmetics Act, 1940(23 of 1940) & the rules made thereunder;

h) if sells a drug or poison prohibited by the Drugs & Cosmetics Act,1940 (23 of 1940).

i) if performs or encourages un-qualified person to perform abortion or any operation;

j) if issues certificates in Homoeopathy to un-qualified or non-medical person:

Provided that nothing contained in these regulations shall prevent or restrict the proper training & instruction of legitimate employees of doctors , midwives , dispensers, attendants or skilled mechanical & technical assistants under the personal Supervision of practitioners of Homoeopathy.

k) if affixes a signboard in the shop of chemist or in a place where he does not reside or work;

l) if discloses the secrets of a patient that have been learnt in the exercise of profession , except in a court of law under order of the presiding judge;

m) if contravenes the guidelines issued by the concerned Council:

Provided that nothing contained in these regulations shall apply if he conducts the Clinical Drug Trials or other Research involving patients or Volunteers as per the guidelines of Council constituted for Homoeopathy by the Central Government or State Government:

Provided further that in all cases regard shall be had to the ethical consideration.

n) if publishes photographs or case-reports of patient  in any medical or other journal:

Provided nothing contained in these regulations shall apply if the same is published with the consent of the patient or without disclosing his identity.

o) if exhibits in public the scale of fees;

Provided that nothing contained in these regulations shall apply if he displays the same in the physician’s consulting or waiting room;

p) if he uses touts or agents for procuring patients;

q) if he claims to be a specialist without possessing a special qualification in the branch concerned;

r) if he  contravenes the provisions of sub-regulation (4) of regulations 12 which is

A practitioner of Homoeopathy shall use any drug prepared according to Homoeopathic principles & adopt other necessary measures as required.

s) if he advertises or notifies the name of institution or Clinic in which no facility is offered , names of the diseases not treated;

t) if he publishes the names or photographs of doctor running or attending the clinic or institution in the advertisement;

u) if he affixes a signboard unusually large in size & having on it anything other than the name of the practitioner & his qualification with the name of the awarding authority;

v) if he refuses to treat the patients on the grounds of religion or caste;

Provided that nothing contained in these regulations shall apply if he writes for laying in the press under his own name in matters of public health, hygiene or occasionally delivers a public lecture,gives talk on television or radio relating to health or hygiene without suggesting specific treatment or prescription;

w) if he issues any certificate referred to Appendix -2

 {List of certificates

1) Certificates  of birth or death or disposal of the dead  under various Central Acts or States Acts;

2) Certificates of Lunacy & mental illness

under the Mental Health Act , 1987 (14 of 1987) & the rules made thereunder.

3) Certificates under the Education  Acts.

4) Certificates under the Public Health Acts & the orders made thereunder.

5) Certificates under the Acts & orders relating to the notification of infectious diseases.

6) Certificates under the Employee’s State Insurance Act, 1948 (34 of 1948).

7) Certificates in connection with sick benefit insurance & friendly societies.

8) Certificates for procuring or issuing of passports.

9) Certificates of illness for seeking exemption from attending Court of Justice , in public services,in public offices or in ordinary employment.

10) Certificates in connection with matters under the control of Department of Pensions.

11) Certificates for procuring driving license.}

which is false , untrue , misleading or improper , his name shall be removed from the Register of Homoeopathic Practitioners.

~~Disciplinary Action~~

1) If a Homoeopathic practitioner commits any act if misconduct , the State Board may;

a) take such disciplinary action as it thinks fit;

b) remove his name from the Register of state Homoeopathic Practitioners permanently or for specified period if convicted of any offence;

Provided that no action under this sub-regulation shall be taken without giving the practitioner a reasonable opportunity of being heard:

Provided further that no complaint of misconduct under this regulation shall be maintained unless the complaint has been made to the State Board or State Council in the form of an affidavit on a non-judicial stamp paper of rupees one hundred, duly attested by a Notary Public or Oath Commissioner.

2) The state Board shall forward it’s decision referred to in sub-regulation(1) to the Central Council.

3) The aggrieved Homoeopathic practitioner may prefer sn appeal to the Central Council against the decision of the Central Council may decide the case after giving the practitioner & the State Board an opportunity of being heard.

4) The Council may direct the State Board to restore the name of the practitioner in the State Register after the expiry of the period for which the name of the practitioner was removed.

5) The Council may restrain the practitioner from practice homoeopathy during the pendency of the complaint.

6) While deciding the complaint of professional incompetency , the Central Council shall take the opinion of peer group of practitioners as specified by Central Council if Homoeopathy.

7) No complaint against a practitioner for misconduct shall be allowed unless it is made within a period of six months from the date of alleged misconduct.

8) Amendment Regulations 2018

The Central Council of Homoeopathy vide notification dated June 01, 2018 has issued, vide this amendment Regulations ,new Regulation 5B has been inserted which read as follows

” A practitioner of Homoeopathy shall provide the prescription to a patient or authorized attendant or legal authority within the period of 72 hours as requested or required by such person.”

 I wish inclusion of Information Technology will enhance physician knowledge and betterment of patient.


1) Homoeopathic practitioner (Professional conduct, Etiquette & Code of Ethics ) Regulations 1982 (As amended as per notification published in the Official Gazette dated July 12,2014  & June 01, 3018 .From C.C.H.

2) The Essential of Forensic Medicine & Toxicology. Dr.K.S.N.Reddy & Dr. O.P.Murty.

3) Medical Ethics & Professional Misconduct by Dr.Maj Gen Singh (Retd) M.B.B.S., D.C.P.,  M.D.(Patho), M.D.(For Med.), FIAFM.

Dr Vidya Sanjay Pendse.
M.D. (HOM)                                                         
H.O.D  of Forensic Medicine & Toxicology

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