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Directives for Prescribing Generic Medicines

The duties and responsibilities of the physicians as prescribed under the Code of Medical Ethics in the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 contain the provision that every physician should, as far as possible, prescribe drugs with generic names and he / she shall ensure that there is a rational prescription and use of drugs. These regulations prescribe for removal of registration of the errant medical professional for violation of the provisions altogether or for a specified period. To deal with the unethical behaviour of some medical professionals in promoting / endorsing the (costly branded) products of pharmaceutical companies in lieu of unethical gratifications / inducements, the Medical Council of India had amended the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 bringing the conduct of medical professionals in their relationship with pharmaceutical industry under the purview of these regulations by inserting a new Clause 6.8 which states that a medical practitioner shall not endorse any drug or product of the industry publically. In addition to these rules, the Government has from time to time been issuing repeated circulars / instructions to all Central Government hospitals, CGHS dispensaries and the State Governments for encouraging / motivating doctors to prescribe generic medicines to the maximum extent possible.

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eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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