Islamabad
Taking a direly needed step, President Mamnoon Hussain Thursday resorted to promulgation of an ordinance, which will pave the way for constitution of Interim Council that will hold elections for re-composition of the Pakistan Medical and Dental Council (PMDC).
Titled ‘Pakistan Medical and Dental Council (Amendment) Ordinance, 2014,’ the ordinance comes into force with immediate effect, and is expected to turn the regulatory body, which has been under negative public focus for quite some time now, into a vibrant organisation that will honestly serve the needs of the medical and dental profession.
With commencement of the amended Ordinance, the members notified by the federal government and acting as the Council and Executive Committee of PMDC now stand de-notified, and have been replaced by a seven-member management committee.
The management committee, which has professionals from the fields of medicine, law and finance, took charge of the affairs of PMDC on Thursday.
According to the amended Ordinance, a copy of which is available with this scribe, the committee will: a) hold free and fair elections of the Council within 120 days from the commencement of the Ordinance; (b) examine, investigate and fix responsibility for mismanagement, mal-administration and wrongdoing, if any, in the affairs of the Council in the last regime and report the same to the government for appropriate action under the law; and (c) resolve issues relating to deficiencies regarding teaching faculties of medical and dental colleges.
The management committee will also have the power to review any decision already taken by the council or its executive committee. It will stand dissolved as soon as the new council gets elected and is notified.
It may be recalled that the PMDC Ordinance 1962, which was amended from time to time, underwent major amendments in the year 2012; these amendments led to significant changes that altered its character from a professionally-led regulator to a profession-led regulator. The powers of the federal government were mitigated to virtual non-existence. The balance of membership envisaged in the original law was tilted in such a way that those who were being regulated were ensured a place within the said body to make them the regulators. The new ordinance, which was the only available option to pull PMDC out from its current problems, is expected to remove the blemish of regulatory capture brought in due to amendments made in 2012.
The affairs of the PMDC had been under adverse public focus for quite some time. Stakeholders had persistently been expressing concerns with regard to conflict of interest, unauthorized operations of medical educational institutions, mushroom growth of private medical colleges, and non-compliance with minimum standards of education. Complaints of irregular and illegal degree certifications, gross irregularities in the college recognition process, and corruption were also well-documented.
A report of the auditor general had pointed out gross financial mismanagement. Moreover, a commission headed by a retired high court judge revealed that out of 19 medical or dental colleges, many were given clearance despite observed deficiencies.
The medical fraternity and related organisations did not accept the impugned set up of PMDC on account of alleged irregularities and violation of prescribed rules in choosing due representatives through a non-transparent electoral process. Administrative efforts made to find an amicable solution to resolve the crisis did not fructify; no material change was noticed in PMDC affairs under the incumbent management. No action was taken against PMDC, fearing that this might have a negative impact on the profession and the working of doctors, within or outside the country.
In view of the foregoing, the Standing Committee of the National Assembly summoned the incumbent doctors at the PMDC in order to provide an opportunity to them to explain their standpoint. After hearing them, the committee recommended that the whole election process be declared as void and the PMDC law itself be amended.
The ground conditions justified legislative measures for restructuring of PMDC for restoration of public confidence in enforcement of uniform standards of medical services and education.
Meanwhile, addressing a press conference after promulgation of the ordinance, Minister of state for NHSRC Saira Afzal Tarar said, her ministry had been looking into the effectiveness of PMDC since July 2012. “The outgoing government had amended the law in February 2013, whereby a government officer was deputed as the administrator. In September, complaints started pouring in from all over the country against the manner in which the said elections were conducted. A committee was constituted to look into the complaints. Despite commitment, the representatives of the PMDC failed to attend the proceedings; they also did not file replies to the said complaints,” she said.
On the other hand, Saira recollected, it also transpired that there were stay orders from the Lahore High Court, whereby PMDC had been directed to conduct the elections and not to announce the results. “The Ministry inquired from PMDC about this particular issue but no response has been submitted till date,” she said.
PMDC, Saira alleged, “had become a state within the state. It defied the Ministry and the Standing Committee of the National Assembly. They were giving ample opportunities set their house in order but they adopted a misleading attitude. They took one stance before the honourable courts and another on the same issue before the Standing Committee.” Saira said, the policing power of the State had to be used for the purposes of serving larger public interests through proper regulation of the medical and dental profession. “Our mission is to make this regulator a true, vibrant and a public spirited regulator,” she said in conclusion.
