How can dentists perform Hair Transplant Surgeries? Dermatologists reach High Court, seek action
Bombay High Court
Mumbai: Claiming that Oral and Maxillofacial Surgeons are not 'qualified' to perform Aesthetic and Hair Transplant Surgery, an association of dermatologists has filed a Public Interest Litigation (PIL) in this regard before the Bombay High Court.
Filing the plea, the petitioners- Dynamic Dermatologist and Hair Transplant Association challenged the guidelines issued by the Dental Council of India (DCI) on December 6. 2022.
As per the impugned guidelines, Oral and Maxillofacial Surgeons, who are dental practitioners, across India are permitted to practice Aesthetic and Hair Transplant surgery.
The petitioner prayed for a direction from the Court to the concerned authorities asking them to withdraw the December 6, 2022 guidelines. Further, the petitioner association also sought action against dental practitioners, who are advertising to perform hair transplant procedures.
Apart from this, the plea also sought a ban on such advertisements by dental practitioners and also urged the Court to set up a committee to monitor the fact that dental practitioners do not perform such surgeries.
Taking note of the plea, the HC Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar sought to know if the National Dental Commission of India (NDCI) is in place as provided under the newly introduced National Dental Commission Act, 2023. Further, the bench indicated that it might implead the NDCI as a respondent in the instant plea.
As per the latest media report by Live Law, during the hearing of the case, Advocate Shrikrishna Ganbavale informed the Court that Dental Practitioners have been performing hair transplant surgeries under the guidelines. He submitted, "These surgeons are basically dentists, who don't study hair transplants...They do not study or are not trained to perform hair transplant surgeries, thus the petitioner association has filed this PIL."
However, at this outset, Chief Justice Upadhyaya highlighted before the Court that the erstwhile Medical Council of India (MCI) had also approved the guidelines.
"The Medical Council of India is a statutory body comprising of professionals. If in their view an oral and maxillofacial surgeon is competent to do hair transplant then what's the issue? They are experts. We cannot comment on this. They know better than us," observed the Chief Justice. Therefore, the bench decided to make NDCI a party to the plea and adjourned the matter till September 19 for further hearing.
As per the Daily, the petitioner association comprises dermatologists and hair transplant surgeons. In their plea, they claimed that they had been receiving several complaints from their fellow surgeons as well as the public regarding the hair transplant and dermatology practices being conducted by dental practitioners known as Oral and Maxillofacial Surgeons.
They claimed that such dental practitioners have been advertising themselves as Dermatology and Hair Transplant Surgeons and by this, they are creating a wrong impression in the minds of the general public through tricky, misleading and ambiguous advertisements.
"The procedure of Hair Transplant and Dermatology is a very meticulous one which can only be administered by a specialist & who has gone through the specific training. Any ignorance to the procedure or lack of knowledge could prove fatal and lead to facial injuries of the patient. It is relevant to mention that the Supreme Court in Poonam Verma vs Ashwin Patel held that 'any person who does not know any particular system of medicine but then also practices in that concerned system then he will be held guilty of medical negligence'," the plea stated.
Further, it highlighted that with the rise of social media platforms, the outreach of such Dental Practitioners who are unqualified as Dermatologists or Hair Transplant Surgeons has become far and wide and has adversely affected the professions of Dermatologists and Hair Transplant Surgeons since there is no check on illegal advertisements.
"The Petitioner is a registered organization of registered medical practitioners and off lately has been receiving several complaints and has also been observing by themselves regarding several illegal advertisements on Social Media platforms and in person at several locations. These advertisements in turn lure general public towards the unqualified Dermatologists and Hair Transplant Surgeons which would in turn pose a threat to the life of such innocent persons as they could suffer severe facial injuries due to the lack of knowledge and training. There were also several complaints made to the government authorities, Indian Dental Council and health officers to take appropriate actions. However, led to mere suspension of such unqualified practitioners and did not amount to the authorities taking any action which would prevent such transgression," mentioned the plea.
