Has any action been taken against ‘many’ doctors doing private practice in cities other than place of posting?

G.O. No 612, G.O of 610, G.O 611-JK(HME) of 2022 put working of H&ME Deptt. itself under question

Daya Sagar

G.O. No 612-JK(HME) of 2022 Dated 12.08.2022 was issued by H&ME Department TU of J&K Government signed by Manoj Kumar Dwivedi) IAS, Principal Secretary asking Government Doctors to restrain themselves from private practice during official hours-duty hours in Health Institutions and other mal-practices because (i) it has been observed that certain Doctors of H&ME Depart . are indulging into private practice during office hours and also while they are on duty rosters (ii). It has been noticed that certain doctors are recommending medical intervention in their private clinics instead of attending the same in government institutions of their posting (iii) it has come to the notice of government that many doctors are indulging into private practice in cities and towns other than their place of posting which against the service norms due to which they are not available in case of emergencies . The order asked the HoDs / DDOs for not allowing doctors to indulge in such mal practices, reporting such cases to Regulatory Authority for action against such doctors and also submit monthly reports in that regard. The contents of the Order itself speak of the bad state of affairs in the H&ME Deptt of J&K government and raises question on the Administrative department itself like what action the government has taken against those doctors who have been observed doing private practice during duty hours / official hours ? ii. What action government has taken against those doctors who have been asking patients to come to their private clinics and not treating them in government hospitals ? what action has been taken against ‘many’ doctors who have indulging in private practice in towns / cities other than their place of posting.? More so there must be many case of violation of public servant conduct rules which must have forced the government to issue such an order. So will government make public the particulars of ‘many’ doctors who have been found defaulting and action taken against them?
Similarly vide H&ME Deptt. J&K vide G.O No: 611-JK(HME) of 2022 Dated: /-11-08.2022 s/d by Manoj Kumar Dwivedi)IAS, PS to Govt. H&ME Deptt working in Kashmir Valley were banned from doing private practice in reference to vide G.O No: 610-JK(HME) of 2022 Dated: /-11-08.2022 sd/Manoj Kumar Dwivedi IAS, PS to Govt.H&ME Dept. where under a Committee headed by Choudhary Mohammad Yasin, IAS Mission Director National Health Mission, J&K had been constituted to conduct an in-depth enquiry into the issue related to referral of patients by the ‘accused doctors’, from Public Hospitals to Private Hospitals for availing treatment/benefits under AB-PMJAY, & SEHAT Schemes in view of the communication SHA-SAFU/2/2022-05 received by government from State Health Agency. Here also questions could be raised on the working of the department. The G.O 611 from PS says doctors are banned from doing private practice. One would ask is private practice allowed to doctors as a regular feature, answer would be surely not. Instead Private Practice is allowed to some doctors ( who are also civil servants like other government employees) as relaxation of conduct rules in greater social interest as a very special case. So it would have appropriate toward the order something like ” the relaxation in conduct rules to ‘said’ government doctors is withdrawn instead saying that they are banned from doing private practice.
Not only that it appears that even the welfare schemes are being mercilessly which could be well sensed from the G.O No: 608 JK(HME) of 2022 Dated: 11-08-2022 also issued H&ME Department had constituting a committee for review of claims of revenue utilization guidelines for the implementation of AB-PMJAY and SEHAT Schemes in the public hospitals giving 15 days time for submitting report. The Administrative posts at the highest levels are held by the officers from central services cadres still the position is not that good is surely frustrating for atleast for the civilian ‘beneficiaries’ of the H&ME Dept. of the UT of J&K.
It is worth taking note of the fact even when the Government Doctors are civil servants / government servants who too are under obligation of the conduct rules for the government public servants that apply from a class-IV employee to Secretary to Government they have been at places given permission by some governments to do private practice outside regular duty hours and accept fee ( better to call it honorarium) keeping in view that they could for official duty even before or after routine duty hours. Surely it was for the reasons of health related emergencies and social cause that the government doctors were allowed to render consultancy services before/after their official working hours and also accept some ‘honorarium’ / fee from the beneficiary .
The permission for private practice was given to Government doctors not to increase the income but was simply to make available emergency attention / consultation in the near vicinity at odd hours wherever possible. Otherwise in case someone argues that it has been for increasing income then even engineers / finance personnel can render services and should be allowed. Even a clerk may like to work outside duty hours for increasing his/ her income which one may need for being a low paid employee, but is not allowed. For such clinical consultations a doctor could at the maximum put a 10cm x 40cm name plate at his/her house but these days one could easily find large boards like a kariyana shop on the house / private clinic of a government doctor. But the way commercialization of relaxations given for private practice has grown in UT like J&K the quality of services being rendered by government hospitals has ‘fallen’ to the extent that what to talk of remote villages even MLAs/ MPs/ Senior Government Servants prefer visiting private hospitals.
Some government doctors have made even indirect investments in installation of equipment / laboratories with fully commercial intentions. Government doctors are these days doing nearly a ‘full time’ private enterprise under the garb of permission for private practice. The interaction between the sellers of medicines & utilities and the practicing doctors have at places almost shaped into trade relations which also reflects from back ground of the reference orders here in above. In a way the social cause behind allowing government doctors private practice has been overshadowed by the commercial enterprising interests of doctors.
In the earlier times the provision for private practice was drafted for the benefit of the common man keeping in view the level/ quantum of available professional health services but now it is being alleged that it has started harming the common cause. Moreover Health services in Private sector have also grown, private practitioners’ number has also grown, number of retired doctors is also reasonably high now , people do appreciate that services of doctors in institutions like AIIMS and PGI are much more dedicated to medical ethics since there doctors are not allowed private practice.
So, need has emerged for withdrawing the relaxation given for private practice by doctors in J&K more so no such relaxations have been allowed to other professionals in government service like engineers, accountants who too can increase their income by working off time.
Additionally since primarily the private practice had been allowed to government doctors not for increasing their income and there is not any justification in giving non practicing allowance to government doctors where private practice relaxation is not there , so strangely even doctors in defence services are given non practicing allowance. !!! Not only that a close look will reveal that in Medical College Jammu / Srinagar some doctors are given non practicing allowance who belong to a stream where in general no patient would like to go for private treatment to them.
So, in case the greater public cause is not being served with the relaxation given to doctors, rather some damage too is being alleged and permission to government doctors for private practice is not to increase their income then in case it has to be still allowed why not allow private practice to all other employees with the government and if not pay them also NPA?

(The author is a Sr Journalist and a social activist [email protected]).