MD Anaesthesiology doctors need no separate training to prescribe essential narcotic drugs: HC
Karnataka High Court
Bengaluru: The Karnataka High Court recently observed that a person possessing an MD degree in Anaesthesiology requires no separate training to possess, prescribe, and dispense essential narcotic drugs for medical purposes of pain relief, palliative care, or opioid-based treatment.
It was observed by the HC bench comprising Justice Suraj Govindaraj, that a postgraduate degree in Anaesthesiology, which is a recognised PG medical qualification under the National Medical Commission (NMC), would satisfy the training requirements under the Narcotic Drugs and Psychotropic Substances (NDPS) Rules, to designate a registered medical practitioner under the NDPS rules for prescribing narcotics drugs for medical purposes.
These observations were made by the HC bench while allowing a plea filed by the Indian Society of Anaesthesiologists, Mangaluru branch, and others. Filing the plea, the petitioners had questioned the communication of the State's Assistant Drugs Controller (ADC), who had refused to renew the Registered Medical Institution (RMI) certification under the NDPS Act of certain hospitals, which had nominated persons with an MD in Anaesthesiology as designated medical practitioners under the NDPS Rules.
In the communication, ADC had said that a person with an MD in Anaesthesiology is required to have a separate certificate of training in pain relief and palliative care for opioid dependence treatment for designation as a medical practitioner under Rule 52 of the NDPS Rules. Without the certificate training, the hospitals cannot be granted RMI certification for procurement, possession, and prescription of narcotic drugs for medical treatment.
The petitioners argued that the curriculum of postgraduate studies in Anaesthesiology comprises necessary training prescribed under NDPS Rule and no separate training was essential.
Taking note of the arguments, the court had asked for clarification from the Deputy Solicitor-General of India Shanti Bhushan M., from the Narcotics Commissioner, Atul Ambekar, Professor, National Drug Dependence Treatment Centre and Department of Psychiatry, All India Institute of Medical Sciences, New Delhi, and from the Narcotics wing of the Ministry of Finance, New Delhi.
In response, the Narcotic Commissioner and the Ministry categorically stated that the curriculum ensure that the MD Anaesthesiology graduates were equipped to handle essential narcotic drugs, responsibly aligning directly with the objectives of Rule 52-N of the NDPS Rules. The Commissioner and Ministry had also specified that there was no requirement for a separate certificate beyond the postgraduate degree, The Hindu has reported.
The Court also observed that Dr. Ambedkar had clarified that by virtue of the training in Anaesthesiology for pain relief or psychiatry for opiod dependence, such medical practitioners were legally empowered to prescribe narcotic drugs and thus met the legal requirement under the NDPS Rules.
Further, the bench noted that imposing the requirement of separate training would ultimately result in imposing an undue regulatory burden, potentially hindering access to essential pain relief contrary to the intent of the NDPS Act, which prioritised medical availability of opioids.
The bench also directed the ADC to grant the necessary RMI certificate under the NDPS Rules to the hospitals, which had designated MD in Anesthesiology as "designated" medical practitioner for treating patients as per the NDPS Rules.
