Only Registered Doctors with MD Pathology can Counter-sign Lab Reports: Rajasthan HC
Rajasthan High Court
Jaipur: While considering a plea seeking to restrict non-MBBS practitioners from signing medical laboratory reports, the Rajasthan High Court bench reiterated the Supreme Court's observation specifying that "Laboratory Report can be countersigned only by a registered medical practitioner with a post-graduate qualification in pathology".
Taking note of the Supreme Court's ruling on the matter, the High Court held that the concerns raised in the plea were no longer valid. Accordingly, disposing of the petition, the HC bench comprising Justice Avneesh Jhingan mentioned in the order, "In view of the order passed by the Supreme Court, the grievance raised in the present writ petition no longer survives. The petition is disposed of."
The plea before the High Court was filed by the Practicing Pathologists Society seeking directions to the authorities to comply with the decision dated 14.06.2017 issued by the erstwhile Medical Council of India stating that all lab reports be signed/counter-signed by persons registered with the Medical Council of India/State Medical Council. The plea has been pending since 2017.
Meanwhile, the Court noted that the Supreme Court in the case of North Gujarat Unit of Association of Self Employed Owners (Paramedical) of Private Pathology Laboratories of Gujarat VS. North Gujarat Pathologists Association & Ors., ordered on 12.12.2017 specifying that "We dispose of all these special leave petitions and other pending applications, if any, by taking a view that the stand of the Medical Council of India that Laboratory Report can be counter signed only by a registered medical practitioner with a post graduate qualification in pathology is correct."
Taking note of this, the HC bench opined that the plea before the High Court no longer survived. Accordingly, the bench disposed of the plea. However, it specified, "Needless to say that the petitioner shall be at liberty to avail remedies in accordance with law, in case of non compliance of the order of the Supreme Court and for redressal of surviving grievance if any."
What did the Petition Say?
The Practicing Pathologists Society filed the plea before the Rajasthan High Court seeking to restrict non-MBBS practitioners to sign laboratory reports. Filing the plea, the society challenged the proposed non-MBBS authorized signatories in medical laboratories all over India as per National Accreditation Board for Testing and Calibration Laboratories' (NABL) document.
NABL issued 'Specific Criteria for Accreditation of Medical Laboratories' on 16.10.2012 specifying the technical requirement and further the qualification norms for authorized signatories for lab reports in its Table 1, which disclosed that even non-MBBS persons were eligible and authorized to sign the medical (clinical) laboratory reports.
Thereafter, when the society filed an RTI application seeking clarification in this regard, it was clarified that provision under Section 15(2)(b) of the Indian Medical Council Act, 1956 along with Clause 5.5 in the Clinical Establishments Act Standards for Medical (Clinical) Laboratory provides that 'no person other than a doctor having qualification recognized by Medical Council of India and registered with MCI/State Medical Council (s) was allowed to practice modern system of medicine or surgery or sign a Clinical Laboratory Report.
NABL issued another 'Specific Criteria for Accreditation of Medical Laboratories' on 09.05.2016 specifying the same technical requirement and further the same qualification norms for authorized signatories for lab reports. However, this time, it mentioned a note that the qualification norms were pending review and decision by MCI and the proposed list of signatories was submitted to MCI. The same version was mentioned by NABL in its reply to letter dated 26.12.2016 which was received by the petitioner under the Right to Information Act, 2005.
MCI Executive Committee on 14.06.2017 announced its decision stating that "All lab reports to be signed/countersigned by persons registered with MCI/State Medical Council."
Complying with the MCI decision, NABL sent emails to all concerned labs asking them to comply with the MCI letter. Shockingly, thereafter, ignoring the MCI decision, NABL sent emails to all concerned laboratories dated 10.07.2017 regarding 'Clarification on NABL email dated 30.06.2017' clarified that qualifications norms for authorized signatory for test reports for Medical Laboratories and again relief on the same Table1 of NABL 112. amended on 16.10.2012, which was already discarded by MCI.
As per the petitioner society, in Rajasthan also, NABL provides laboratory accreditation services to 28 laboratories which are running as per the guidelines issued by NABL violating the norms laid down by MCI vide decision dated 14.06.2017.
The society relied on section 15(2) (c) and Section 15 (3) of The Indian Medical Council Act, 1956 stating that
(2) Save as provided in section 25, no person other than a medical practitioner enrolled on a State Medical Register:-
(c) Shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner:
(3) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both;
"Because, the Hon’ble Supreme Court of India has already held in its judgment rendered in Medical Council of India and another vs. The State of Rajasthan and another, reported in AIR 1996 SC 2073 that the basic qualification of M.B.B.S. as primary qualification is a pre-condition for a candidate for being registered in the State Medical Register maintained by the State Board," mentioned the plea.
Further, the plea added, "Because, by the action of the respondents, non-M.B.B.S. authorized signatories in medical (Clinical) laboratories all over India including the State of Rajasthan are signing the medical (Clinical) lab reports which ultimately jeopardizes the health of the citizens and is an act of quackery endangering the life of citizens."
The petitioner society argued that it was not open to persons of other system of medicine to claim right to sign the medical (Clinical) lab reports in modern medicine without qualification in the said system, adding that "the Degree/Diploma holders in other system of medicine and not M.B.B.S. cannot be treated as authorized signing authority and cannot be allowed to sign medical (Clinical) lab reports in the Allopathic System of Medicine."
"Because, the qualified Laboratory Technicians and any other staff with B.Sc./M.Sc./Ph.D. degrees etc. in Medical Lab Technology/LifeSciences/Microbiology/Biochemistry/Human Anatomy/Genetics/ Applied Biology/Nuclear Medicine, M.Sc. (Medical Microbiology/Medical Biochemistry), are only allowed to conduct lab tests/processing of samples/operation of equipment as per their qualification which are also mentioned under NABL 112," the plea further mentioned.
To view the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/rajasthan-hc-practicing-pathologists-269366.pdf
Also Read: Can Medical Msc sign Lab Reports? MCI BOG gives its decision
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