In India, with a number of medical systems prevalent, 'specialist' is a generic term used by many. but is it legal? Dr. MC Gupta clears the air.

Who can claim to be a specialist? Is it necessary as per law that only a person having an MCI recognised degree/diploma in the particular field can call himself a specialist? Can a person having adequate training in a speciality, maybe along with some certificate of proficiency, or even a qualification not recognised by the MCI, not hold out and practice as a specialist?

Dr. MC Gupta answers

1—In general, the courts would leave it to the medical council to define who is a specialist, but may step in when the decision of the medical council is against law.

2—What the medical council says in this regard is spelt out in Regulation 7.20, read with Regulation 1.4.2 of the Code of Ethics Regulations, 2002, reproduced below:

“7.20 A Physician shall not claim to be specialist unless he has a special qualification in that branch.”

“1.4.2 Physicians shall display as suffix to their names only recognized medical degrees or such certificates/diplomas and memberships/honours which confer professional knowledge or recognizes any exemplary qualification/achievements.”

3—The first question is—“Is it necessary that only those persons can call themselves as a specialist who have a post-graduate degree/diploma in the specialty recognised by the MCI”?

The correct answer is in the negative. In terms of the regulation 7.20, a physician can claim to be specialist if he has a special qualification in that branch. It is to be noted that the regulation does not say that the said special qualification must be a degree or diploma recognised by the MCI. Hence, as per this regulation, there does not appear to be a bar if a person having the following qualifications, by way of illustration, calls himself to be a specialist:

i)—Qualifications awarded by the College of Physicians and Surgeons, Mumbai.

ii)-- Qualifications awarded by NARCHI (National Association for Reproductive and Child Health of India).

iii)—Postgraduate qualifications awarded by foreign universities, such as a PhD (cardiac surgery) from Russia.

4—The second question is—“Can a person having the above qualifications display them as a suffix to his name”?

The correct answer is in the affirmative. In terms of the regulation 1.4.2, physicians can display as a suffix to their names those medical degrees or such certificates/diplomas/ memberships/honours which confer professional knowledge or recognize any exemplary qualification/achievements.”

It is to be noted that the Qualifications memberships/fellowships awarded by the College of Physicians and Surgeons, NARCHI or foreign universities etc. are in recognition of professional knowledge acquired by the physician.

5— Conclusive comments

a)—There is nothing in law to debar a person having a PG qualification not recognised by the MCI from calling himself a specialist.

b)—There is nothing in law to debar a person having a PG qualification not recognised by the MCI from suffixing it to his name.

c)—There was a time when the MCI had derecognized the MRCP / FRCP from England. This does not mean that doctors in India having such qualifications ceased to be specialists or were barred from adding such qualifications as suffix to their names.

d)—There are certain specialities where there are no MCI recognised qualifications. Examples are sonography and hair transplant surgery. There is nothing in law to prevent a person from calling himself a hair transplant surgeon if he is qualified and trained and experienced in this field just because the MCI has not prescribed any qualification in this subject.  

e)—The above discussion is based upon a legal interpretation of the MCI Code of Ethics itself. If a medical council punishes a physician from calling himself a specialist or suffixing a PG qualification to his name, the proper course is not to meekly accept the punishment but to challenge and argue the decision of the medical council in a court.

Disclaimer- The views and opinions expressed in this article are those of the author's and do not necessarily reflect the official policy or position of M3 India.

Content from the writer has been directly replicated on the website. No edits have been made.

The writer, Dr. MC Gupta is a practising lawyer specialising in medical negligence cases. He also has an MD Medicine from AIIMS, Delhi where he also worked as a faculty member for 18 years, later working another 10 years as a Professor and Dean at National Institute of Health and Family Welfare, New Delhi, before pursuing law.