Practo, Healthians, 1mg blatantly violating IMC Ethics Code, alleges plea of 288 pathologists, Delhi HC issues notice

New Delhi: The Delhi High Court on Tuesday sought the stand of the Centre and the Delhi government on a petition by the Association of Practising Pathologists seeking action against health service aggregators over allegedly misleading advertisements, ridiculous discounts and unsolicited messages.

Justice Prathiba M Singh issued notices on the petition by the association and also made certain online platforms, including Healthians, Tata 1mg and Practo, parties to the proceedings. The court asked these platforms as well as the governments, GST Council and the National Medical Commission to file their response within six weeks.

"All respondents are directed to file their counter affidavits within six weeks. Contentions of all parties are left open," said the court.

Advocate Neeraj Grover, appearing for the petitioner, said while the members of the petitioner association are regulated, the aggregators are permitted to advertise their services, including diagnostic solutions, which causes prejudice to their professional interests. "What is happening is that over a period of time, especially the last two years, there are some online aggregators …these entities are advertising, soliciting and indulging in paid advertisement, calls are received. There are full page newspaper advertisements. Not only advertisements, they say they are giving 90 per cent discount and all those things," he said.

The petitioner said it was an association of over 288 "qualified and quality conscious practising pathologists with standalone medical laboratories" and claimed the conduct of online aggregators was a blatant violation of several regulations destroying the dignity of the medical profession.

"The Petitioner seeking directions against the respondents for blatant violation of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 to take appropriate action against misleading and bait advertisements, offering ridiculous discounts, sending unsolicited bulk SMSs, misusing social media .. print media, electronic media," the petition said.

It said these aggregators were "enticing, making unsolicited calls for medical laboratory tests by corporate entities/Offline & Online Health service aggregators in blatant violation of prescribed Rules, Regulations & guidelines".

Insisting that the petitioner should be treated at par with offline and online health service aggregators in terms of restrictive regulations for registered medical practitioners, it said, differential treatment of two entities offering similar services is a glaring violation of Article 14 (equality before law) of the Constitution of India.

The petition asserted the aggregators were causing unwarranted and irreparable harm on a daily basis to innocent patients by unwarranted soliciting in violation of Article 21 (protection of life and personal liberty) of the Constitution of India. "Advertisers/ entities as above are blatantly soliciting business by aggressive advertising and misleading the innocent public in violation of applicable law. Further such advertisements show the individual set ups in a bad light," the petition said. "The corporate entities /Offline & Online health service aggregators are offering tests by incessant advertisements offering huge discounts/concessions/ offers/health checkups without any medical prescription by a Registered Medical Practitioner in blatant violation of column 2 point 2 of the Clinical Establishment Amendment Rules 2020," it added. It alleged online health service aggregators are also violating Section 34 (1) (c) of The National Medical Commission Act, 2019 as the lab reports provided by such entities are not being actually authenticated by duly qualified medical practitioners.

The petition also alleged inaction by the authorities was "encouraging quackery" and the noble profession of medical science was being tarnished.

The plea argued the aggregators were blatantly avoiding the restrictions placed on registered medical practitioners while at the same time taking the benefit of exemption from GST for being in medical services causing huge revenue loss of hundreds of crores of rupees to the exchequer.

The matter will be heard next on July 31.

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