The National Medical Commission (NMC) has set out how a doctor can appeal if a State Medical Council penalises them under the ethical advertising and public communication guidelines released on 6 October 2026. The appeal route was reported by Medical Dialogues on 14 October 2026, so treat this as a recent development rather than breaking news.
What was reported
According to the report, the Ethics and Medical Registration Board (EMRB) of the NMC acts as the Appellate Authority. Any registered medical practitioner unhappy with a State Medical Council’s finding or decision can appeal. The first appeal must be filed within 60 days under Section 30(3) of the NMC Act, 2019. If the first appeal is decided against the doctor, a second appeal can be filed within 60 days of that decision being communicated, under Section 30(4).
The appellate authority is described as reviewing the matter independently. It may call for records, order a fresh assessment or seek an additional opinion, and it must issue a reasoned order that affirms, modifies or sets aside the Council’s decision.
The report also notes that hospitals and institutions are handled differently: penalties and appeals for establishments fall under the Clinical Establishments Act or the applicable state law, not this doctor-level route.
What this means for your clinic
An appeal is a safety net, not a plan. The better use of your time is to review what you already have live before a complaint arrives. One concrete check this week: open your website, Google Business Profile and social pages and list every claim about results, superlatives or patient stories. Have each item checked against the NMC guidelines text itself, and remove anything you cannot support. Also keep a dated record of who approved each piece of content, because a Council will ask what was published and when.
If you run a hospital or multi-doctor clinic, check separately which state law applies to the establishment, since the appeal route above is for individual practitioners.
This is a news summary for information only. It is not legal or medical advice. Read the NMC guidelines and speak to a qualified lawyer for your own situation.
Sources: Medical Dialogues, 14 Oct 2026; Medical Dialogues, 10 Oct 2026. More briefs on our MedDaily page.
