Section 38 in Homoeopathic Practitioners (Professional Conduct, Etiquette and Code of Ethics) Regulations, 1982
38.
(1)The following acts of commission or omission by a practitioner shall constitute professional misconduct and he shall be 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 and certificates 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 signs or gives under his name and authority any certificate, report or document of kindred character which is untrue, misleading or improper;(g)if contravenes the provisions of law relating to the Drugs and Cosmetics Act, 1940 (23 of 1940) and the rules made thereunder;(h)if sells a drug or poison prohibited by the Drugs and 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 unqualified or non-medical persons:Provided that nothing contained in these regulations shall prevent or restrict the proper training and instruction of legitimate employees of doctors, midwives, dispensers, attendants or skilled mechanical and technical assistants under the personal supervision of practitioners of Homoeopathy.(k)if affixes a signboard in the shop of a 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 Homeopathy 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 patients 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 regulation 12;(s)if he advertises or notifies the name of the 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 sign board unusually large in size and having on it anything other than the name of the practitioner and 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 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 talks on television or radio relating to health or hygiene without suggesting specific treatment or prescription;(w)if he issues any certificate referred to in Appendix- 2 which is false, untrue, misleading or improper, his name shall be removed from the Register of Homoeopathic Practitioners.
