Homepaths prescribing allopathy medicines: Doctors question Maha FDA move, point out court case pendency

Considering that the issue is pending before the Bombay HC, doctors have questioned why the Maharashtra FDA was in such a hurry to allow homeopathy practitioners prescribe modern medicine 

Mumbai: Amid the ongoing controversies over the recent directive by the Maharashtra Food and Drugs Control Department, which allowed Homeopaths to practice allopathic medicine in the State, doctors have questioned the FDA Directive when the eligibility of homeopaths to prescribe modern medicine is subject to the final order of a pending case before the Bombay High Court.

The recent FDA directive issued to the state's chemist retailers and wholesalers specified that Homeopathic practitioners are eligible to prescribe allopathic medicines provided they have completed a certificate course in modern pharmacology.

However, Health Activist Dr. Babu KV highlighted in a recent X (formerly Twitter) post that the amendment allowing homeopaths who passed the certificate course in modern pharmacology approved by the State is subject to the final order of a petition filed by the Indian Medical Association (IMA) Pune.

When asked about the recent FDA order, Dr. Babu told Medical Dialogues that the "FDA decision is not in accordance with the court order based on the WP by Pune IMA and hope it will be withdrawn."

Also Read: Homeopaths can now prescribe Allopathy Medicines in Maharashtra

Previously, amendments were introduced to both the Homeopathic Practitioners Act and the Maharashtra Medical Council Act. Through these amendments, registered Homeopaths, who completed a State-approved certificate course in modern pharmacology, were permitted to practice allopathy.

However, IMA Pune challenged these amendments before the Bombay High Court. Even though the HC bench dismissed the interim application seeking a stay, it clarified that admissions of homeopaths to the modern pharmacology course and further actions would be the final order of the main petition filed by the IMA.

"At this stage, there is no necessity for granting the interim relief, as prayed for in the civil application. The modern pharmacology certificate course is to commence in June 2016 and will extend for over one year. Until then, there is no possibility to the candidates undertaking this course, actually practising modern pharmacology (allopathic)," the HC bench comprising Chief Justice D H Waghela and Justice M. S. Sonak had mentioned in its order dated 14.03.2016.

"However, it is clarified that admissions to the said course as well as all further actions shall be subject to final orders that shall be made in Writ Petition No. 7847 of 2014. None of the candidates or for that matter the State Government shall claim any equities in the matter. Further, the State Government is directed to make it clear to the aspirants that their admissions and continuance in this course will be subject to final orders that shall be made in Writ Petition No. 7847 of 2014," the bench had further mentioned.

The main petition filed by IMA Pune, which also challenged the constitutional validity of Homeopathic Practitioners under the Maharashtra Homeopathic Practitioners Act, 1961, is still pending and no final order has been passed in this regard.

Amid all this, issuing a directive in this regard to the chemist retailers and wholesalers in the State, Maha FDA on Thursday mentioned that all the drug dealers (retailer/wholesaler) can sell allopathic medicines to registered homeopaths, who have completed the modern pharmacology course. Further, the FDA clarified that there is no bar on the retail drug dealers to sell allopathic medicines prescribed by such homeopathic practitioners.

"All retail and wholesale drug dealers can sell allopathic medicines to homeopathic registered doctors who completed the course, and retail drug dealers can sell drugs on prescription issued by these doctors," stated the order issued by Maha FDA.

Commenting on the matter, the former President of IMA Pune and currently a Senior Vice President of IMA Maharashtra, Dr. Raju Varyani told Medical Dialogues, "We are waiting for the Court's decision. Every doctor belonging to a particular 'pathy' should concentrate on their own field. What we do not want is mixopathy. If someone has done BAMS, let him concentrate on Ayurveda, if someone has done a BHMS, let him concentrate on that particular stream."

When asked about the FDA directive, he added, "FDA is also aware of the pending court case, still they have sent this. Right now, we are waiting for the Court's order."

Medical Dialogues had earlier reported that previously the Bombay High Court bench had stayed the notification issued by Maharashtra Medical Education and Drugs Department back in 2017, allowing Homeopathy practitioners across the State to practice modern medicine. As per the special notification issued on 27th September 2017, doctors who obtained the Licentiate of Court of Examiners of Homeopathy (LCEH) degree from 1951-1982, could register with the Maharashtra Medical Council (MMC). 

Also Read: Homeopaths can now prescribe Allopathy Medicines in Maharashtra