AYUSH Doctors Can't Perform Ultrasound Techniques On Pregnant Women Without Specialised Qualification Under PC-PNDT Act: Madras High Court
Upasana Sajeev
29 May 2023 7:05 PM IST
The Madras High Court has emphasized that only a doctor having specialised qualifications as specified under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 can perform Ultra Sonogram and other Ultra sound techniques on pregnant women.Justice SM Subramaniam thus dismissed a petition filed by the Tamil Nadu Ayush Sonologist Association...
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The Madras High Court has emphasized that only a doctor having specialised qualifications as specified under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 can perform Ultra Sonogram and other Ultra sound techniques on pregnant women.
Justice SM Subramaniam thus dismissed a petition filed by the Tamil Nadu Ayush Sonologist Association seeking permission to conduct these techniques.
"Thus, the qualified Doctors, who possess the specialized qualifications under the provisions of the Central Act and the Rules framed thereunder i.e, the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 alone is eligible to carry out diagnostic procedure and Ultra Sonogram/Ultrasound techniques on pregnant women and all other Doctors, who do not possess the specialized qualification as contemplated under the Central Act and Rules are ineligible to practice and they cannot be allowed to carry out such diagnostic procedures, the court said."
The Association contended that the Ayush doctors who are part of the association have undergone a certificate course in Ultra Sonogram. It was also submitted that these techniques are also included in the syllabus prescribed for their main degree.
Relying on the Tamil Nadu Clinical Establishment (Regulation) Rules, the association submitted that AYUSH Doctors are qualified to practice and carry out various diagnostic procedures and Ultra Sonogram/Ultrasound techniques. Thus, it was submitted that they be permitted to perform these diagnostic techniques as long as they do not undertake sex selection before or after conception, which is prohibited under the Act.
The Central Council of Indian Medicine submitted that there was no impediment for the AYUSH doctors to practice diagnostic procedures and Ultra Sonogram/Ultrasound techniques since basic knowledge of ECG, USG, X-Ray, CT Scan, MRI were part of their syllabus.
The State, however, objected to the petition. It was submitted that though under the Tamil Nadu Clinical Establishment (Regulation) Rules, a qualified doctor can carry out diagnostic procedures on pregnant women and such doctor should possess the qualifications stipulated under the Pre-Conception and Pre-Natal Diagnostic Techniques Act.
The court agreed with the State's submission. It noted that for carrying out the diagnostic procedures and Ultra Sonogram/Ultrasound techniques, the Pre-Conception and Pre-Natal Diagnostic Techniques Act will prevail over the Tamil Nadu Clinical Establishments Act.
"The general definition of qualified Doctors cannot be followed, since the special qualifications are prescribed under the Central Act, which is a Special Act for carrying out various diagnostic procedures. When the Special Act is holding the field, then the general rules notified i.e., Tamil Nadu Clinical Establishments (Regulations) Rules 2018 cannot be adopted for the purpose of granting permission to carrying out various diagnostic procedures and Ultra Sonogram/Ultrasound techniques on pregnant women," the court said.
The court further noted that as per the Central Act, qualified Doctors, who possess the specialized qualifications are alone eligible to carry out diagnostic procedure and Ultra Sonogram/Ultrasound techniques on pregnant women. The court noted that the Rules under the Central Act also provid for specialised six-month 'level one course on Fundamentals in Abdomino Pelvic Ultrasonography' for all MBBS doctors.
The court thus noted that mere prescription of a general subject in the course is insufficient and cannot not be construed as satisfying the minimum requirements. Noting that the members of the association did not possess the qualification, the court thus dismissed the petition.
Case Title: Tamil Nadu Ayush Sonologist Association v. The Union of India and others
Citation: 2023 LiveLaw (Mad) 152
Counsel for the Petitioner: Senior Counsel Mrs.Nalini Chidambaram For Mrs.C.Uma
Counsel for the Respondents: Mr.S.S.Pajani Radja Senior Panel Counsel, Mr.T.Arunkumar Additional Government Pleader, Mr.K.Vellaya Raj For M/s.V.K. Raj Law Chambers
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