NMC issues advisory on digital signatures for medical records, sets rules for doctors

Doctors have been advised to authenticate medical records digitally only after they have reviewed all relevant clinical information, records, and other material necessary for giving an opinion. (Source: Pexels)

With the increasing prevalence of telemedicine, the National Medical Commission (NMC) on Tuesday issued an advisory regarding the use of digital signatures for remote authentication of medical records. Doctors have been advised to authenticate medical records digitally only after they have reviewed all relevant clinical information, records, and other material necessary for giving an opinion. It adds that signing digitally does not dispense with or diminish the professional, ethical, and legal responsibility of doctors.

Only records from associated healthcare facilities can be authenticated

The advisory also warns that a registered doctor can digitally authenticate only the medical reports and records generated by a healthcare facility where the doctor is appointed, empanelled, contracted, or professionally associated.

Digital authentication credentials must remain under the doctor’s control

Importantly, it says that all digital signatures, electronic signatures, signature creation data, authentication credentials, access tokens or other authentication mechanisms used should remain under the control of the doctor alone and not be shared, delegated or transferred to others knowingly.

Foreign medical experts and remote consultations

“Where a foreign medical expert provides a remote consultation or second opinion to an Indian healthcare establishment, such opinion may be considered by the treating team in accordance with applicable law. The identity, professional qualifications, professional registration/licensure, date and nature of the consultation and the professional opinion provided by the foreign medical expert shall, to the extent applicable, be appropriately documented as part of the patient’s medical record.”

Advisory does not recognise foreign medical registration

It adds that the advisory should neither be construed as permitting practice by persons who are not authorised to practise medicine under the National Medical Commission Act, nor should it be construed as recognising foreign medical registration, the advisory states.

Need for uniform implementation

“Rapid advancement of digital healthcare technologies has significantly transformed the manner in which healthcare services are delivered across the country. It is noted that divergent practices have evolved across healthcare establishments resulting in uncertainty regarding the remote review and authentication of medical records. Therefore, in order to promote uniform implementation of the existing legal framework, remove ambiguity, ensure patient safety, preserve professional accountability and facilitate responsible adoption of digital healthcare technologies,” the advisory said.

Anonna Dutt is a Principal Correspondent who writes primarily on health at the Indian Express. She reports on myriad topics ranging from the growing burden of non-communicable diseases such as diabetes and hypertension to the problems with pervasive infectious conditions. She reported on the government’s management of the Covid-19 pandemic and closely followed the vaccination programme. Her stories have resulted in the city government investing in high-end tests for the poor and acknowledging errors in their official reports. Dutt also takes a keen interest in the country’s space programme and has written on key missions like Chandrayaan 2 and 3, Aditya L1, and Gaganyaan. She was among the first batch of eleven media fellows with RBM Partnership to End Malaria. She was also selected to participate in the short-term programme on early childhood reporting at Columbia University’s Dart Centre. Dutt has a Bachelor’s Degree from the Symbiosis Institute of Media and Communication, Pune and a PG Diploma from the Asian College of Journalism, Chennai. She started her reporting career with the Hindustan Times. When not at work, she tries to appease the Duolingo owl with her French skills and sometimes takes to the dance floor. ... Read More