The section about doctors and health practitioners in the new General Criminal Code has been amended as demanded by the doctors.
The Legislative Management Committee of the National Assembly on Sunday has amended the section and an expert assigned by the Nepal Medical Council (NMC) will now be included in the committee to investigate the complaints against the doctors.
The earlier provision allowed the police to arrest the offending doctor, conduct investigation and prosecute the doctor. The expert assigned by the NMC will be coordinator of the committee that will also include an 11th-level officer of health service, a first-class officer of Nepal Police (SSP or DIG), and a person active in consumer activism selected by the Health Ministry, according to the amendment passed by the legislative committee .
The probe committee will write to the public prosecutors to lodge a case if it finds the doctor guilty, according to the new provision. Such committee will now investigate complaints like malicious treatment, surgery of an organ instead of another, making organs dysfunctional or death due to a prescribed medicine. The committee will also investigate cases of negligence or willful negligence in treatment including prescribing medicines and surgery.
The committee will also investigate complaints about fake or incorrect reports issued after laboratory tests of blood, urine, mucus and other samples.
The punitive provisions for such offenses, however, have not been changed.