Can Dentists Perform Hair Transplant Surgeries? After dermatologists, now Oral Maxillofacial Surgeons move HC

Published On 2024-12-10 04:00 GMT   |   Update On 2024-12-10 15:54 GMT

Bombay High Court

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Mumbai: After the dermatologists approached the Bombay High Court challenging the qualification of Oral and Maxillofacial Surgeons to perform Aesthetic and Hair Transplant Surgeries, now the latter have approached the HC bench for a hearing of their side.

Filing an intervention application, the Association of Oral and Maxillofacial Surgeons of India (AOMSI) has submitted that they perform surgeries, operations and surgical procedures, which are far more tedious and complicated when compared to Hair Transplant Surgeries, which is a "very superficial, surface-oriented (scalp oriented) surgery, peripheral in nature."

They also pointed out that the privileges to do procedures like Hair Transplant, which has been challenged in the PIL, are given only to Oral & Maxillofacial surgeons and not to the general dentists or other MDS specialists as per the guidelines issued in the notification dated 06.12.2012 issued by the Dental Council of India (DCI).

Issuing the guidelines for the practice of Aesthetic & Hair Transplant procedures for Oral & Maxillofacial Surgeons, DCI back in 2022 mentioned that these procedures can be undertaken by Oral & Maxillofacial surgeons registered with any State Dental Council in India.

DCI had mentioned that Aesthetic Procedures "can be performed by Oral & Maxillofacial surgeons after adequate training as per the curriculum". Further, the guidelines specified that "Oral & Maxillofacial surgeon should have an aesthetic back up with requisite resuscitate equipment and drugs. Preoperative clearances from a medical specialist as required must be obtained. There should be availability of adequate and well-equipped post-operative recovery room for patient monitoring and adequate record keeping."

Also Read: Dermatologists move High Court, seek action against dentists performing hair transplant surgeries

However, these DCI guidelines were challenged by a group of dermatologists under the Dynamic Dermatologist and Hair Transplant Association, who claimed that Oral and Maxillofacial Surgeons are not 'qualified' to perform Aesthetic and Hair Transplant Surgery.

Medical Dialogues had earlier reported that filing the PIL before the HC bench, the petitioner association prayed for a direction from the court to the concerned authorities asking them to withdraw the December 6, 2022 guidelines. Further, the association had also sought an action against the dental practitioners, who are advertising to perform hair transplant procedures.

Apart from this, the plea also sought a ban on such advertisements by dental practitioners and also urged the Court to set up a committee to monitor the fact that dental practitioners do not perform such surgeries.

Advocate Shrikrishna Ganbavale informed the Court that Dental Practitioners have been performing hair transplant surgeries under the guidelines. He submitted, "These surgeons are basically dentists, who don't study hair transplants...They do not study or are not trained to perform hair transplant surgeries, thus the petitioner association has filed this PIL."

Previously, Chief Justice Upadhyaya had highlighted that the erstwhile Medical Council of India (MCI) had also approved these guidelines. The Chief Justice had observed, "The Medical Council of India is a statutory body comprising of professionals. If in their view an oral and maxillofacial surgeon is competent to do hair transplant then what's the issue? They are experts. We cannot comment on this. They know better than us."

Intervention Application: 

Now, the Association of Oral and Maxillofacial Surgeons of India, which advocates for the professional rights of Oral and Maxillofacial surgeons, has filed an intervention application before the High Court bench.

In their Intervention Application, a copy of which is with Medical Dialogues team, they submitted that the association of the dermatologists filed the PIL with the mala fide intent of restricting the Oral and Maxillofacial Surgeons to enter in the area of Hair transplantation.

As per AOMSI, the syllabus and curriculum of the 'Oral and Maxillofacial Surgeons', encompasses surgeries which are far more strenuous, difficult, compound, complicated, intricate, laborious that "when compared to the 'Hair Transplant' which is merely an superficial one which has got to do everything only and only with scalp".

They claimed that beyond the scalp, there is no other part of the body with which the Hair Transplant surgery has to deal with. "Bare perusal of the syllabus/ curriculum of the ‘Oral and Maxillofacial surgeons’ indicate that these ‘Oral and Maxillofacial surgeons’ perform surgery, operations, surgical procedures which are far more tedious and complicated as in comparison to that of the process which is involved in any Hair Transplant surgery. That the Hair Transplant surgeon only and only deals with the scalp of the body and that it’s comparatively lesser and extremely easier for Maxillofacial surgeons’," submitted the association.

Reliance was also placed on MDS course regulation notification dated 5th November 2017, which states that the speciality of Oral and Maxillofacial surgery deals with the diagnosis and management of the diseases stomatognathic system, jaw bones, cranio-maxillofacial region, salivary glands and temporomandibular joints etc. "This itself states and supports the extent of curriculum and training that an Oral & Maxillofacial Surgeon has to go through," submitted the Association.

Accordingly, the association urged the Court to accept its intervention application, stating that "The Applicant/ intervener organization begs to approach this Hon’ble Court seeking to intervene in the present PIL as a is necessary party who is required to be heard and that proposes to bring some comprehensive data and statistics before this Hon’ble court by virtue of which he seeks to intervene and shall put his case."

Speaking to Medical Dialogues, the counsels in this case, Advocate Arun Mishra and Hare Krishna Mishra informed that the matter has been tagged along with the main petition and will be heard on 11th December 2024 i.e. on Wednesday. 

Also Read: How can dentists perform Hair Transplant Surgeries? Dermatologists reach High Court, seek action

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