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Regulations
In exercise of the powers conferred by clause (l) of section 33
read with section 24 of the Homoeopathy Central Council Act,
1973 (59 of 1973), the Central Council of Homoeopathy, with the
previous sanction of the Central Government, hereby makes the
following regulations, namely :-
1. These regulations may be called the Homoeopathic
Practitioners (Professional Conduct, Etiquette and Code of
Ethics) Regulations, 1982.
DECLARATION AND OATH
2. (a) At the time of registration, each applicant shall submit
the following declaration and oath read and signed by him to the
Registrar concerned attested by the Registrar himself or by a
registered practitioner of Homoeopathy
(1) I solemnly pledge myself to consecrate my life to the
service of humanity
(2) Even under threat, I will not use my medical knowledge
contrary to the laws of humanity
(3) I will maintain the utmost respect for human life.
(4) I will not permit considerations of religion, nationality,
race, political beliefs or social standing to intervene between
my duty and my patient.
(5) I will practise my profession with conscience and dignity in
accordance with the principles of Homoeopathy and/or in
accordance with the principles of biochemic system of medicine
(tissue remedies).
(6) The health of my patient shall be my first consideration.
(7) I will respect the secrets which are confided to me.
(8) I will give to my teachers the respect and gratitude which
is their due.
(9) I will maintain by all means in my power the honour and
noble traditions of medical profession.
(10) My colleagues will be my brothers and sisters.
(11) I make these promises solemnly, freely and upon my honour.
(b) Hahnemannian Oath
"On my honour I swear that I shall practise the teachings of
Homoeopathy, perform my duty, render justice to my patients and
help the sick whosoever comes to me for treatment. May the
teachings of master Hahnemann inspire me and may I have the
strength for fulfilment of my mission."
GENERAL PRINCIPLES
3. Character of Medical Practitioner
The primary object of the medical profession is to render
service to humanity with full respect for the dignity of man;
financial reward is a subordinate consideration. Whosoever
chooses this profession assumes the obligation to conduct
himself in accordance with its ideals. A practitioner of
Homoeopathy shall be an upright man, instructed in the art of
healing. He shall keep himself pure in character and be diligent
in caring for the sick. He shall be modest, sober, patient and
prompt and do his duty without anxiety, and shall be pious and
conduct himself with propriety in his profession and in all the
actions of his life.
4. Standards of Character and
Morals
The medical profession expects from its members the highest
level of character and morals, and every practitioner of
Homoeopathy owes to the profession and to the public alike a
duty to attain such a level. It shall be incumbent on a
practitioner of Homoeopathy to be temperate in all matters, for
the practice of medicine requires unremitting exercise of a
clear and vigorous mind.
5. Practitioner's
Responsibility
A practitioner of Homoeopathy shall merit the confidence of
patients entrusted to his care, rendering to each full measure
of service and devotion. The honoured ideals of the medical
profession imply that the responsibilities of a practitioner of
Homoeopathy extend not only to individuals but also to the
entire society.
6. Advertising
(1) Solicitation of patients directly or indirectly by a
practitioner of Homoeopathy either personally or by
advertisement in the newspapers, by placards or by the
distribution of circular cards or handbills is unethical. A
practitioner of Homoeopathy shall not make use of, or permit
others to make use of, him or his name as a subject of any form
or manner of advertising or publicity through lay channels which
shall be of such a character as to invite attention to him or to
his professional position or skill or as would ordinarily result
in his self-aggrandisement provided that a practitioner of
Homoeopathy is permitted formal announcement in press about the
following matters, namely :
(i) the starting of his practice;
(ii) change of the type of practice;
(iii) change of address;
(iv) temporary absence from duty;
(v) resumption of practice;
(vi) succeeding to another's practice.
(2) He shall further not advertise himself directly or
indirectly through price lists or publicity materials of
manufacturing firms or traders with whom he may be connected in
any capacity, nor shall he publish cases, operations or letters
of thanks from patients in non-professional newspapers or
journals provided it shall be permissible for him to publish his
name in connection with a prospectus or a director's or a
technical expert's report.
7. Payment of Professional
Service
(1) A practitioner of Homoeopathy engaged in the practice of
medicine shall limit the sources of his income to fees received
from professional activities for services rendered to the
patient. Remuneration received for such services shall be in the
form and amount specifically announced to the patient at the
time the service is rendered; in all other cases he shall deem
it a point of honour to adhere to the compensation for
professional services prevailing in the community in which he
practices.
(2) Fees are reducible at the discretion of the practitioner of
Homoeopathy and he shall always recognise poverty as presenting
valid claims for gratuitous services.
(3) It shall be unethical to enter into a contract of "no cure
no payment"
8. Rebates and Commission
A practitioner of Homoeopathy shall not give, solicit or
receive, nor shall he offer to give, solicit or receive, any
gift, gratuity, commission or bonus in consideration for the
referring, recommending or procuring of any patient for medical,
surgical or other treatment nor shall he receive any commission
or other benefit from a professional colleague, trader of
appliances, dentist or an occulist.
DUTIES
OF HOMOEOPATHIC PRACTITIONERS TO THEIR PATIENTS
9. Obligations to the Sick
Though a practitioner of Homoeopathy is not bound to treat each
and every one asking for his services except in emergencies, he
shall, for the sake of humanity and the noble traditions of the
profession, not only be ever ready to respond to the calls of
the sick and the injured, but shall be mindful of the high
character of his mission and the responsibility he incurs in the
discharge of his professional duties.
10. Practitioner's
Responsibility
(1) A practitioner of Homoeopathy is free to choose whom he will
serve provided be shall respond to any request for his
assistance in an emergency or whenever temperate public opinion
expects the service.
(2) Once having undertaken a case, a practitioner of Homoeopathy
shall not neglect the patient nor shall he withdraw from the
case without giving notice to the patient, his relatives or his
responsible friends sufficiently long in advance of his
withdrawal to allow them time to secure another practitioner.
11. Termination of Service
(a) The following shall be valid reasons for his withdrawal :
(1) where he finds another practitioner in attendance;
(2) where remedies other than those prescribed by him are being
used;
(3) where his remedies and instructions are refused;
(4) where he is convinced that illness is an imposture and that
he is being made a party to a false pretence;
(5) where the patient persists in the use of opium, alcohol,
chloral or similar intoxicating drugs against medical advice;
(6) where complete information concerning the facts and
circumstances of the case are not supplied by the patient or his
relatives.
(b) The discovery that the malady is incurable is no excuse to
discontinue attendance so long as the patient desired his
services.
12. Acts of Negligence
(1) No practitioner of Homoeopathy shall wilfully commit an act
of negligence that may deprive his patient of necessary medical
care.
(2) A practitioner of Homoeopathy is expected to render that
diligence and skill in services as would be expected of another
pracitioner of Homoeopathy with similar qualifications,
experience and attainments.
(3) His acts of commission or omission shall not be judged by
any non-homoeopathic standards of professional service expected
of him but by those standards as are expected from a Homoeopath
of his training, standing and experience.
(4) A practitioner of Homoeopathy shall use any drug prepared
according to Homoeopathic principles and adopt other necessary
measures as required.
13. Behaviour towards Patients
The demeanour of a practitioner of Homoeopathy towards his
patients shall always be courteous, sympathetic, friendly and
helpful. Every patient shall be treated with attention and
consideration.
14. Visits
A practitioner of Homoeopathy shall endeavour to add to the
comfort of the sick by making his visits at the hour indicated
to the patients.
15. Prognosis
(1) The practitioner of Homoeopathy shall neither exaggerate nor
minimize the gravity of a patient's condition. He shall ensure
that the patient, his relatives or responsible friends have such
knowledge of the patient's condition as will serve the best
interest of the patient and his family.
(2) In cases of dangerous manifestations, he shall not fail to
give timely notice to the family or friends of the patient and
also to the patient when necessary.
16. Patience, Delicacy &
Secrecy
Patience and delicacy shall characterize the attitude of a
practitioner of Homoeopathy. Confidences concerning individual
or domestic life entrusted by patients to a practitioner and
defects in the disposition or character of patients observed
during the medical attendance shall not be revealed by him, to
anyone unless their revelation is required by the laws of the
State.
DUTIES
OF PRACTITIONERS TO THE PROFESSION
17. Upholding honour of Profession
A practitioner of Homoeopathy shall, at all times, uphold the
dignity and honour of this profession.
18. Membership of Medical
Society
For the advancement of his profession a practitioner of
Homoeopathy may affiliate himself with Medical Societies and
contribute his time, energy and means to their progress so that
they may better represent and promote the ideals of the
profession.
19. Exposure of Unethical
Conduct
A practitioner of Homoeopathy shall expose, without fear or
favour, the incompetent, corrupt, dishonest or unethical conduct
on the part of any member of the profession.
20. Association with
Unregistered Persons
A practitioner of Homoeopathy shall not associate himself
professionally with any body or society of unregistered
practitioners of Homoeopathy.
21. Appointment of Substitutes
Whenever a practitioner of Homoeopathy requests another to
attend to his patients during his temporary absence from
practice, professional courtesy requires the acceptance of such
appointment by the latter, if it is consistent with his other
duties. 'The practitioner of Homoeopathy acting under such an
appointment shall give the utmost consideration to the interests
and reputation of the absent practitioner. He shall not charge
either the patient or the absent practitioner of Homoeopathy for
his services, except in the case of a special arrangement
between them. All such patients shall be restored to the care of
the absent practitioner of Homoeopathy upon his return.
22. Charges for service to
Practitioners of Homoeopathy
(1) There is no rule that a practitioner of Homoeopathy shall
not charge another practitioner of Homoeopathy for his services,
but a practitioner of Homoeopathy shall consider it a pleasure
and privilege to render gratuitous service to his professional
brother and his dependents, if they are in his vicinity or to a
medical student.
(2) There is no rule that a practitioner of Homoeopathy shall
not charge another practitioner of Homoeopathy for his services,
but a practitioner of Homoeopathy shall consider it a pleasure
and privilege to render gratuitous service to his professional
brother and his dependents, if they are in his vicinity or to a
medical student.
23. (1) The practitioner of Homoeopathy called in an emergency
to visit a patient under the care of another practitioner of
Homoeopathy shall, when the emergency is over, retire in favour
of the latter; but he shall be entitled to charge the patient
for his services.
(2) When a practitioner of Homoeopathy is consulted at his own
residence, it is not necessary for him to enquire of the patient
if he is under the care of another practitioner of Homoeopathy.
(3) When a consulting practitioner of Homoeopathy sees a patient
at the request of another practitioner of Homoeopathy, it shall
be his duty to write a letter stating his opinion of the case
with the mode of treatment he thinks is required to be adopted.
24. Engagement for an
Obstetrics Case
(1) If a practitioner of Homoeopathy is engaged to attend to a
woman during her confinement, he shall do so. Refusal to do so
on an excuse of any other engagement shall not be considered
ethical except when he is already engaged on a similar or other
serious case.
(2) When a practitioner of Homoeopathy who has been engaged to
attend on an obstetrics case is absent and another is sent for
and delivery is accomplished, the acting practitioner of
Homoeopathy shall be entitled to his professional fees; provided
he shall secure the patient's consent to withdraw on the arrival
of the practitioner of Homoeopathy already engaged.
25. When it becomes the duty of a practitioner of Homoeopathy
occupying an official position to see and report upon an illness
or injury, he shall communicate to the practitioner of
Homoeopathy in attendance so as to give him an option of being
present. The medical officer shall avoid remarks upon the
diagnosis or the treatment that has been adopted.
DUTIES
OF PRACTITIONERS IN CONSULTATION
26. Consultation shall be Encouraged
In cases of serious illness, especially in doubtful or
difficult conditions the practitioner of Homoeopathy shall
request consultation. He shall also do so in perplexing illness,
in therapeutic abortions, in the treatment of a woman who had
procured criminal abortion, in suspected cases of poisoning, or
when desired by the patient or his representative.
27. Punctuality in
Consultation
Utmost punctuality shall be observed by a practitioner of
Homoeopathy in meeting for consultation. If the consultant
practitioner of Homoeopathy does not arrive within a reasonable
time such as a quarter of an hour after the appointed time, the
first practitioner of Homoeopathy shall be at liberty to see the
patient alone provided he shall leave his conclusion in writing
in a closed envelope.
28. Patient referred to
another Physician
When a patient is referred to another practitioner of
Homoeopathy by the attending practitioner of Homoeopathy, a
statement of the case shall be given to the latter practitioner
of Homoeopathy. The latter practitioner of Homoeopathy shall
communicate his opinion in writing in a closed cover direct to
the attending practitioner of Homoeopathy.
29. Consultation for Patient's
Benefit
In every consultation, the benefit to the patient shall be of
first importance. All practitioners of Homoeopathy interested in
the case shall be candid with a member of the patient's family
or responsible friends.
30. Conduct in Consultation
(1) In consultations, there shall be no place for insincerity,
rivalry or envy. All due respect shall be shown to the
practitioner of Homoeopathy in charge of case and no statement
or remarks shall be made which would impair the confidence
reposed in him by the patient. For this purpose, no discussion
shall be carried on in the presence of the patient or his
representatives.
(2) All statements of the case to the patient or his
representatives shall take place in the presence of all the
practitioners consulting, except as otherwise agreed; the
announcement of the opinion to the patient or his relations or
friends shall rest with the attending practitioner of
Homoeopathy.
(3) Differences of opinion shall not be divulged unnecessarily;
provided when there is an irreconcilable difference of opinion,
the circumstances shall be frankly and impartially explained to
the patient or his friends.
(4) It shall be open to them to seek further advice if they so
desire.
31. Cessation of Consultation
Attendance of the consulting practitioner of Homoeopathy shall
cease when the consultation is concluded, unless another
appointment is arranged by the attending practitioner of
Homoeopathy.
32. Treatment after
Consultation
(1) No decision shall restrain the attending practitioner of
Homoeopathy from making such subsequent variations in the
treatment as any unexpected change may require; provided at the
next consultation, reasons for variation are stated.
(2) The same privilege, with its obligations, belongs to the
consultant when sent for in an emergency during the absence of
the attending practitioner of Homoeopathy. The attending
practitioner of Homoeopathy may prescribe at any time for the
patient, but the consultant, only in case of emergency.
33. Consultant not to take
Charge of the Case
(1) When a practitioner of Romoeopathy has been called as a
Consultant 10 none but the rarest and most exceptional
circumstances shall justify the consultant taking charge of the
case.
(2) He must not do so merely on the solicitation of the patient
or his friends.
34. Bar against Consulting
Non-registered Practitioner
No practitioner of Homeopathy shall have consultation with any
practitioner of Homoeopathy who is not registered.
DUTIES OF PRACTITIONERS TO THE PUBLIC
35. Practitioners as Citizens
Practitioners of Homoeopathy as good citizens, possessed of
special training, shall advise concerning the health of the
community wherein they dwell. They shall play their part in
enforcing the laws of the community and in sustaining the
institutions that advance the interest of humanity. They shall
cooperate with the authorities in the observance and enforcement
of sanitary laws and regulations and shall observe the
provisions of all laws relating to Drugs, Poisons and Pharmacy
made for the protection and promotion of public health.
36. Public Health
Practitioners of Homoeopathy engaged in public health work,
shall enlighten the public concerning quarantine regulations and
measures for the prevention of epidemic and communicable
diseases. At all times the practitioners shall notify the
constituted public health authorities of every case of
communicable disease under their care, in accordance with the
laws, rules and regulations of the health authorities. When an
epidemic prevails, the practitioner of Homoeopathy shall
continue his labours without regard to the risk to his own
health.
37. Dispensing
A practitioner of Homoeopathy has a right to prepare and
dispense his own prescription.
PROFESSIONAL MISCONDUCT
38. The following actions shall constitute professional
misconduct
(1) Committing adultery or improper conduct with a patient, or
maintaining an improper association with a patient;
(2) Conviction by a Court of Law for offences involving moral
turpitude;
(3) Signing of or giving by any practitioner of Homoeopathy
under his name and authority any certificate, report or document
of kindred character which is untrue, misleading or improper;
(4) Contravention of the provisions of laws relating to Drugs
and regulations made there under;
(5) Selling a drug or poison regulated by law to the public or
his patients save as provided by that law.
(6) Performing or enabling an unqualified person to perform an
abortion or any illegal operation for which there is no medical,
surgical or psychological indication;
(7) Issue of certificates in Homoeopathy to unqualified or
non-medical persons provided that this shall not apply so as to
restrict the proper training and instruction of legitimate
employees of doctors, midwives, dispensers, surgical attendants
or skilled mechanical and technical assistants under the
personal supervision of practitioners of Homoeopathy.
(8) Affixing a signboard on a chemist's shop or in places where
the practitioner of Homoeopathy does not reside or work;
(9) Disclosing the secrets of a patient that have been learnt in
the exercise of profession, except in a Court of law under
orders of the presiding judge.
(10) Publishing photographs or case-reports of patients in any
medical or other journal in a manner by which their identity
could be made out without their permission, provided that if the
identity of patients is not disclosed, their consent is not
necessary;
(11) Public exhibition of the scale of fees provided that the
same may be displayed in the physician's consulting or waiting
room;
(12) Using of touts or agents for procuring patients;
(13) Claiming to be a specialist without having put on
substantial number of years of study and experience in the
subject concerned or without possessing a special qualification
in the branch concerned.
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