Scrapping MSMER-2023 won’t lower standards for medical colleges, says NMC

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The National Medical Commission (NMC) has said the withdrawal of the Maintenance of Standards of Medical Education Regulations, 2023 (MSMER-2023) will not dilute medical education standards or reduce regulatory oversight of medical colleges. The Commission said the decision, notified earlier this month, was intended to remove overlapping procedures and align regulatory responsibilities with the National Medical Commission Act, 2019.The clarification comes after the withdrawal raised questions about the enforcement mechanism for medical colleges found violating prescribed standards. While the annual disclosure reports will remain mandatory, the MSMER-2023 framework also specified penalties for violations, including fines of up to Rs 1 crore per violation and personal fines of up to Rs 5 lakh for faculty members and administrators submitting false records.The NMC has said colleges will continue to be subject to inspections, minimum standards and regulatory action under the existing statutory framework.Why did the NMC withdraw the regulations?The NMC said the Undergraduate Medical Education Board (UGMEB) and Postgraduate Medical Education Board (PGMEB) are responsible for prescribing academic standards, minimum requirements and educational norms. The Medical Assessment and Rating Board (MARB), meanwhile, is empowered to assess and inspect medical institutions, verify compliance and initiate regulatory action against institutions found deficient.What Changes | NMC scraps rules on medical education standards, penalties for fake records, ghost faculty droppedAccording to the Commission, MSMER-2023 had introduced a parallel mechanism for institutional evaluation, annual renewal and enforcement through UGMEB and PGMEB, resulting in overlapping functions. Following judicial observations and a review of the statutory framework, the NMC decided to remove the duplication.The withdrawal does not mean that medical colleges are no longer required to meet prescribed standards.The NMC said requirements relating to faculty, infrastructure, clinical material, teaching facilities, attendance and academic standards remain applicable. MARB can also conduct inspections, including without prior notice where necessary, and take action against non-compliant institutions under the NMC Act and the Regulation of the Establishment of Medical Institutions, Assessment and Rating Regulations, 2023.Story continues below this adWhat changes for medical colleges?MSMER-2023 served as a framework for enforcement, specifying the consequences of violations and the process through which institutions could challenge penalties. Its withdrawal removes that specific framework, including its prescribed penalties and appeal timelines. However, it does not eliminate the NMC’s wider statutory powers to inspect institutions and take regulatory action under other applicable provisions.Fines and restrictions on collegesUnder MSMER-2023, violations could attract fines of up to Rs 1 crore per violation. The regulations also provided for withholding or withdrawing accreditation for up to five academic years, freezing applications for new courses or additional seats, reducing seats, stopping admissions to a course or recommending withdrawal of permission to operate. Applications could also be put on hold if a college attempted to influence the NMC or its boards through intermediaries.These penalties were part of the withdrawn regulations. The NMC has clarified that MARB retains its authority to take appropriate action against institutions that do not comply with applicable requirements. The withdrawal should therefore not be read as an exemption from other regulatory provisions.Personal penalties for false recordsMSMER-2023 also provided for fines of up to Rs 5 lakh against faculty members, department heads, deans, directors or doctors who submitted false declarations or records, including patient records. The provision sought to make individuals accountable for inaccurate information submitted by medical colleges.Story continues below this adWith the withdrawal, this specific penalty under MSMER-2023 no longer applies. However, the NMC has said the withdrawal does not grant immunity for past violations or prevent future regulatory action. Other applicable disciplinary and legal provisions remain in force.Appeals against penaltiesThe withdrawn regulations provided a prescribed appeal route for colleges. An institution could appeal to the NMC within 60 days of a penalty. If the Commission rejected the appeal, or did not decide it within 45 days, the college could approach the Central Government within 30 days, whose decision was final. These timelines formed part of MSMER-2023 and are no longer available under that withdrawn framework.What remains unchanged?Medical colleges will continue to submit Annual Disclosure Reports (ADRs), covering faculty, infrastructure, clinical facilities, patient load and other prescribed parameters. The NMC said these disclosures will remain available for scrutiny and verification through MARB’s assessment and inspection mechanisms.The Commission in its statement denied that annual disclosures would become unverified claims following the withdrawal. The requirement to submit these reports continues under the applicable statutory framework and has not been removed along with MSMER-2023.Story continues below this adIt added that colleges will still be required to continue to meet prescribed requirements for faculty, infrastructure, teaching facilities, clinical material, attendance and academic standards. MARB retains its powers to inspect institutions and initiate appropriate action under the NMC Act and other applicable regulations.The NMC also said the withdrawal safeguards actions already taken, liabilities incurred and proceedings initiated under MSMER-2023. It does not provide immunity for earlier violations or exempt institutions from future regulatory action.