Define Requisite Standards of COVID testing by Online health Aggregators: HC tells ICMR, Govt
New Delhi: Observing that there is still no monitoring of the Covid-19 tests by the online health aggregators in Delhi, the High Court directed the GNCTD for publishing the requisite standards for sample collection and other details related to testing after due consultation with ICMR.
"Let the GNCTD in consultation with the Indian Council of Medical Research (ICMR) publish the requisite standards within one week," noted the Delhi High Court bench comprising of Justice Najmi Waziri.
"The ICMR will highlight, on its website, as to how much blood sample, etc. is permitted to be collected for conducting the Covid related tests," the bench further directed.
The High Court was considering a contempt plea by Dr. Rohit Jain against the authorities for not adhering to the Delhi High Court's earlier direction to take action against online health service aggregators which are operating illegally and collecting samples for COVID-19 tests.
Medical Dialogues had earlier reported that a division bench of the high court, on August 6, 2020, had directed the Delhi government to take action in accordance with law against online health service aggregators, who are operating illegally without any registration, after hearing all the stakeholders.
However, the petitioner claimed that no action has been taken against the online aggregators by the authorities.
During the latest hearing of the case on 14.02.2022, the counsel for the petitioner doctor submitted that in so far as the aggregators rendering service in Delhi apropos COVID related tests are concerned, there is no monitoring of it by the Delhi government and the service providers who may be located outside the national capital are operating without any supervision by any authority statutory agency or government.
Such unbridled commercial activity could have unfortunate consequences upon the health and safety of citizens, the doctor's counsel said.
It was further submitted by the doctor's counsel that there is no clarification apropos any standards as to the collection of such sample and requisite quantum of the blood that should be drawn for the tests to be conducted.
The court noted that there is no mechanism of oversight by the State government, relating to the collection of blood samples in Delhi for tests.
''It would be in the fitness of things that a re-assurance to the residents of Delhi if the Delhi government were to formulate and operationalise a regime for surprise checks, inspections, and audits as may be appropriate,'' it said.
The court said this should be done to ensure that the services are being rendered by persons qualified to collect the samples, they are properly stored, samples reach the laboratories within the stipulated time, and tests are also conducted in time.
It said it should be ensured that the test report is then promptly disseminated to the parties concerned.
''In view of the exigent circumstances, this timeline and methodology could well be formulated by the Delhi government under its executive powers including under the National Disaster Management Act, 2005,'' the judge said.
Responding to all of this, the ASC for the GNCTD sought time to obtain instructions. Meanwhile, the AAG for the state of Haryana submitted that the enquiry was done apropos the complaint/communication received from the GNCTD, regarding one entity, which is stated to have been rendering such services in Delhi, allegedly without due authority/ license.
He submitted that the matter was looked into and the response has been submitted to the GNCTD to the effect, that the said entity has all the requisite permissions and its testing laboratory is as per requisite parameters set and approved by National Accreditation Board for Testing and Calibration Laboratories (NABL).
The counsel for Haryana further assured the HC that the State of Haryana would ensure that entities rendering services to residents of Delhi or anywhere else will be duly monitored to ensure that they maintain the standards, as required.
However, the counsel for the petitioner doctor submitted that there is no clarification apropos any standards as to the collection of such sample and requisite quantum of the blood that should be drawn for the tests to be conducted.
Taking note of this submission, the High Court bench directed the GNCTD to publish the requisite standards within one week after due consultation with the Indian Council of Medical Research (ICMR).
"The ICMR will highlight, on its website, as to how much blood sample, etc. is permitted to be collected for conducting the Covid related tests," further noted the court as it listed the matter for further hearing on 09.05.2022.
A division bench of the high court, on August 6, 2020, had directed the AAP government to take action in accordance with law against online health service aggregators, who are operating illegally without any registration, after hearing all the stakeholders.
The petition claimed that this rampant illegal sample collection by online health service aggregators is leading to false-negative COVID-19 results thereby letting loose the coronavirus positive patients in the society and hence, unfortunately, allowing them to transmit or spread the virus.
It said there is an urgent need to restrain the online health aggregators from collecting the diagnostic samples illegally to save innocent people in the interest of the public at large and action may be initiated against them as directed by the court on August 6 last year.
It has sought initiation of contempt proceedings against the top government officials and others for alleged non-compliance with the high court's order asking to take action and regulate online pathological labs.
The ICMR, in its affidavit filed in response to the petition, had said that NABL certification is a must for enrollment of private labs for COVID-19 testing and NABL certifies the readiness of labs to undertake molecular testing of SARS-Cov-2 before the research body allows them for testing, adds PTI.
Regarding the online health service aggregators, the ICMR has said monitoring of their activities does not come under its purview.
The Supreme Court had on April 8, 2020, had directed that COVID-19 tests must be carried out in NABL-accredited labs or any agencies approved by the WHO or ICMR.
To read the court order, click on the link below.
