A division judge bench of Justice Prateek Jalan and Chief Justice DN Patel of Delhi High Court today issued notice on a plea against recent Rules notified under the Clinical Establishment Act, 2010, which allegedly allow Masters of Science or Ph.D. degree holders working at diagnostic laboratories as technicians, to sign and authenticate medical reports without the countersignature of a...
A division judge bench of Justice Prateek Jalan and Chief Justice DN Patel of Delhi High Court today issued notice on a plea against recent Rules notified under the Clinical Establishment Act, 2010, which allegedly allow Masters of Science or Ph.D. degree holders working at diagnostic laboratories as technicians, to sign and authenticate medical reports without the countersignature of a qualified MBBS or MD in Pathology.
Filed by one Dr.Rohit Jain the writ petition seeks a direction to declare the Clinical Establishment (Central Government) Amendment Rules, 2020, which allegedly allow such authentication of medical reports, ultra-vires of the Clinical Establishment Act, 2010 and sought response from the Ministry of Health and Family Welfare and the National Medical Commission.
Argued by Adv. K Parameshwar, the plea relies on a 2017 Supreme Court judgment to state that according to Section 15(2) of the Indian Medical Council Act, 1956, only a registered medical practitioner can practice modern medicine, and that a medical laboratory report can only be countersigned by a registered medical practitioner with a post graduate qualification in pathology.
The plea further argues that the qualifications of MSc or PhD are unregulated and cannot be equated with MBBS or MD in Pathology, and those possessing the former cannot be allowed to sign reports, as "every test report is a medical report" requiring "application of mind/interpretation/diagnosis at the first instance."
The petition has been filed through Adv. Mrinmoi Chatterjee and was argued by Adv. K. Parameshwar.