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Can MBBS do Ultrasound- Supreme court reserves its interim order


Can MBBS do Ultrasound- Supreme court reserves its interim order
New Delhi:  The apex court is soon going to rest the case, albeit temporarily, on the issue of who can do ultrasounds in the country, as the Supreme Court recently reserved an interim order responding to a batch of pleas challenging a decision of the Delhi High Court setting aside the mandatory six-month training needed under the rules for performing ultrasonography.Medical Dialogues team had earlier reported in the year 2016, the Delhi High court had declared  Rule 3(3)(1)(b) of the PNDT Rules (as it stands after the amendment with effect from 9th January, 2014) as ultra vires to the extent it requires a person desirous of setting up a Genetic Clinic / Ultrasound Clinic / Imaging Centre to undergo six months training imparted in the manner prescribed in the Six Months Training Rules, observing the following

 For meeting the said objective/purpose ( of the PC-PNDT Act), we fail to understand what difference it makes, whether the sonologist or imaging specialist i.e. a person who can use and operate an ultrasound machine, is a mere MBBS or has a Post Graduate qualification in medicine or has experience of one year or has undergone six months training..

Read Also: Delhi High Court Judgement clarifies who can do an ultrasound

The judgement had a huge impact on the medical fraternity, by removing the restrictions on the legal rules of the performance of ultrasound, thereby allowing even MBBS doctors to make use of the modality. The judgement seemed to have become a bone of contention between the specialists and generalists in the medical community, with many radioloigsts opposing the decision. This finally culminated in IRIA  filing a review petition against the said judgement in the apex Court.

Read Also: IRIA challenges HC judgement on ultrasound practice in Supreme Court

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud heard arguments on behalf of the Centre and other bodies in favour and against the 2016 Delhi High Court verdict and reserved its interim order on the issue whether some specialist doctors can be allowed to continue doing ultrasonography.

Senior advocate Vikas Singh, appearing for one of the parties, said as an interim measure, cardiologists and gynaecologists may be allowed to continue doing ultrasonography test till the petitions against the High Court order are finally decided.

Additional Solicitor General Pinky Anand, appearing for the Centre, assailed the High Court decision, saying the government was well within its right to frame the rules.

Earlier, the apex court had issued notice on the Centre’s plea challenging the High Court decision setting aside the mandatory six-month training required to perform the ultrasonography.

Besides the Centre, Indian Radiological and Imaging Association, the association of radiologists in the country, had moved the apex court challenging the High Court’s decision on the issue.

The high court had declared the Rule 3(3)(1)(b) framed under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 as ultra vires.

It had also done away with the mandatory six-month training which was earlier required to be able to perform an ultrasound under the ambit of the law.

The PIL, filed by NGO Voluntary Health Association of Punjab, was disposed of in 2016 with the apex court passing a slew of directions to stop female foeticide in the country.

 




Source: with agency inputs
41 comment(s) on Can MBBS do Ultrasound- Supreme court reserves its interim order

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  1. user
    Rudra kumar Varma March 15, 2018, 1:09 pm

    As a general surgeon using USG for seeing liver kidney abdomen from the time USG became available. PNDT act forced me to take PNDT licence and tha harrsssment that followed, without even ever seeing a pregnant uterus. I hope the rules clarify that the USG machine is not under licence permit , PNDT clinic use requires the licence with or without training

  2. user
    Dr Debraj Saha March 14, 2018, 4:34 pm

    Sir please come to our remote district where no radiologist is present. We will be happy to welcome you radiologists.

  3. user
    Dr Nirmala Chudasama March 14, 2018, 1:04 pm

    Is MBBS doctor is allowed to do other post graduate doctor\’s specialized work? To become radiologist we hv worked hard, studied a lot, given minimum three to four yrs of life after becoming Mbbs…are we allowed to do orthopedic operation? Or gynec practice? If I do 6 month course and learn ortho operations and gynac operations, am I allowed to do that? Then why others are allowed to do our specialized work? Even after three yr post graduate study, a radiologist is required a lot of efforts, expierience n work to become a successful sonologist to diagnose on sonography. Then how any Mbbs doctor can do Sonography that is equivalent to a qualified radiologist ? It\’s just only and only a radiologist\’s right to do work related to x ray, USG, CT or MRI. We strongly oppose the Sonography done by gynaecologist or any Mbbs doctor. Specialized work is to be carried out by the specialized doctor only.

  4. Dear Dr,
    I have one thought in my mind on operating USG device. It has become a primary physicians\’s device worldwide. Why Indians will be deprived of this even in the remotest area?
    Second why in India, specialized doctors (not all) feel so in secured?

  5. user
    Dr Lakshay Goel May 20, 2018, 3:46 pm

    Dear mam it is nowhere written that a mbbs doctor can not perform Gynae or surgical procedures like delivery or hysterectomy/ appecdicentomy if he/she has the skill. It\’s the higher skill of a Gynaecologist / surgeon that a patient goes to a specialist for treatment. No mbbs doctor can compete any specialist of any field. Similarly mbbs doctor should should be allowed to do a usg if he/she has the skill. Radiologists will anyhow have more knowledge and skill. If you are threatened by a mbbs doctor doing usg you should look into yourself that it\’s probably you who is not skilled enough to attract patients. Radiologist will anyhow have all the mri and CT scan. Stop thinking about just yourself and think about the public too for there is such shortage of doctors.

  6. user
    dr p a k sahay March 6, 2018, 7:22 pm

    In modern medical world ultrasound is like a bedside clinical method .Its use should not be restricted by any Law in interest of patient.

  7. Very very true Dr. Sahay !

  8. user
    Dr Rudra kumar Varma using USG since sale March 15, 2018, 7:28 pm

    Yes Dr sahay , USG is a seeing stethoscope . It will be foolish to restrict the use of stethoscope to cardiologists only. Licensing the use of any gadget is foolish

  9. Ultrasound is going to be stethoscope of tomorrow, can someone restrict the use of stethoscope for a certain specialty only