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Only MCI registered PG Pathology can sign Laboratory Reports: Supreme Court


Only MCI registered PG Pathology can sign Laboratory Reports: Supreme Court

New Delhi: Resting the case on the issue of who can sign laboratory reports, a recent supreme court judgement has clearly enunciated that a Laboratory Report can be counter signed only by a registered medical practitioner with a post graduate qualification in pathology.

The decision was pronounced on the 12th December, 2017 in the matter of North Gujarat Unit of Association of Self Employed Owners (Paramedical) of Private Pathology Laboratories of Gujarat versus North Gujarat Pathologists Association. The main contention of the petition was concerning the qualifications required for signing the pathology reports and running of path-labs, an issue much debated through various court cases in the country.

The petitioners, in this case included members of the Association who are paramedics possessing qualification of Bachelorette of Science or Bachelorette or Diploma in Medical Laboratory Technician (Pathology). The petitioners, through the said association, challenged the judgement given by Gujrat High court in the year 2010, whereby the court held that technicians, those not possessing the MCI recognised pathology degree cannot run independent pathology unit. The Gujarat High court had clearly stated

We accordingly hold that the Laboratory Technicians being not Pathologists, cannot run any laboratory independently. They cannot directly give any report to any patient or any other individual, or to any institution or practicing doctor, without the authentication of the same by the pathologist registered with the Medical Council. Though it is open to any person or institute to run a pathology laboratory, but no report can be issued without the signature or counter signature of the practicing pathologist recognized by the Medical Council of India. The respondents are directed to ensure that no pathology laboratory is run by any unqualified person or institute having no recognised pathologists registered with the Medical Council. However, if such pathological laboratory is run by a pathologist registered with the Medical Council, or if such pathological laboratory engages a pathologist registered with the Medical Council, the respondents may allow such laboratory to run. Individual Laboratory Technician cannot be allowed to run pathological laboratory independently without engaging a pathologist registered with the Medical Council.

Challenging the said decision, the petitioners filed an SLP in the Supreme court. The court, however, after going through the case held the stand of the Medical Council Of India which stated that laboratory Report can be counter signed only by a registered medical practitioner with a post graduate qualification in pathology is correct.

The supreme court, disposing off the petitions held

We dispose of all these special leave petitions and other pending applications, if any, by taking a view that the stand of the Medical Council of India that Laboratory Report can be counter signed only by a registered medical practitioner with a post graduate qualification in pathology is correct.

The decision follows the dictum of the Medical council of india, that was issued to the NABL, which stated, all lab reports to be signed/countersigned by persons registered with MCI/State Medical Council.

Medical Dialogues team had earlier reported that in a similar matter, where the question on who can sign lab reports was raised by Medical Mscs, the Delhi High Court had pointed out that Medical MScs, PhDs can only sign Technical Reports, not Medical Reports, against upholding the MCI stand that laboratory reports being a form of medical certificate, can only be authenticated by persons registered with the Medical Council of India

Read Also : Medical MScs, PhDs can only sign Technical Reports, not Medical Reports: Delhi HC

To read the Judgement of the Supreme Court, click on the following Link:-

SC Judgement

To read the Judgement of the Gujarat High Court, click on the following Link

Gujarat HC Judgement




Source: self
28 comment(s) on Only MCI registered PG Pathology can sign Laboratory Reports: Supreme Court

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  1. Sir I have qestion …..can you standard people are working to under pathology work too.??…this is working not standard people…not working to dmlt,bmlt,dcp, unqulified people are working to pathology leboratary….in under md pathology

  2. user
    Dr Ramesh Krishna Vyas March 2, 2018, 1:23 pm

    A B.D.S. with M.D.S.in oral and maxillofacial pathology and microbiology can also open a lab and do the normal laboratory work

  3. Sir, does a m.d.s in oral pathology needs further qualifications or courses to open a lab? Can you please provide details about it.

  4. user
    Shyam K Kulshrestha January 15, 2018, 10:53 am

    SC decision is good . It will prevent unauthorised pathology reports . However non availability of qualified
    Pathology postgraduates is a great practical problem. Lacs of young graduates completed their education
    in the related field will face immense trouble. Can some responsible positions may be provided to them?

  5. user
    lakhmi chand yadav January 11, 2018, 2:43 pm

    Bmlt ke sath m. Sc ,p hd and mbbs ko bhi lab report karna ki authority hogi ya nhi pl. Rply

  6. what about small labs run by lab technicians, is it effect this order for only gujarath or all over india.,is it any other review petiion by north private lab association in sc.please give responce