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Radiologists allegedly not allowing sonologists to clear PNDT Exam: Health Ministry directs Impartiality


Radiologists allegedly not allowing sonologists to clear PNDT Exam: Health Ministry directs Impartiality

New Delhi: Taking note of many medical practitioners failing the competency based test required to be allowed to conduct ultrasounds in the country, as well as responding to the allegations that Radiologists not allowing the sonologist to clear the Exam/Test, the Ministry of Health Has written to all the health departments in all the states and UTs directing them to ensure Impartial Implementation of Six Months Training  Rules. 2014.

Moreover, In a letter written to the Health Secretaries of all the States/UTs, the Director PNDT, Ministry of Health and Family Welfare has also stated that Pending the completion of the process of competency Based Test/Six Months Training Rules, 2014 the states/UTs may ensure through their Appropriate Authorities to renew registration of existing practitioners with the condition incorporated that the renewal of registration is conditional subject to the outcome of the Competency Based Test/Six Months Training Rules for the concerned Medical Practitioners

Impartial Implementation of Six Months Training  Rules. 2014

Medical Dialogues team had earlier reported the Supreme Court in the month of March 2018 through an interim order upheld the validity of the The Training Rules 2014 stating that were made by the Central Government on the directions of the parliament hence also upholding the Competency Based Tests.

Read Also: Mere MBBS CANNOT perform Ultrasound: SC stays Delhi HC Order

The Ministry, through the recent letter observed the following

A few States have reported in discussion that practicing doctors with such experience are being failed in the CET examination. This is allegedly due to Radiologist not allowing the sonologist to clear the Exam/Test, 

The letter then called for impartial implementation of the rules

With regard to the implementation of the Six Month Training Rules. 2014, the undersigned is directed to request  that all the States/UTs to ensure impartial conducting of the Competency Based Test (CBT1) as prescribed under the Six Months training  Rules, 2014 under the PC & PNDT Act for “the existing Registered Medical Practitioners, who are performing ultrasound procedures in the Genetic Clinics or Ultrasound clinics or Imaging Centers on the basis of one year experience or Six Months Training (Qualification prescribed prior to 2014 under the PC & PNDT Rules, 1996)”.

As the result, the ministry has now directed the following

  • The States/UTs shall involve the Department of Medical Education in conducting the Competency Based Test and the same department should develop the questionnaire for the said exam /Test m consultation with the faculty of all three fields i.e. Obstetrics Gynaecology and Radiology.
  • It should also be ensured that the certificate issued for qualifying Competency Based Test to the successful candidates should be co-signed by Head of the Department of Medical Education Department and the Chairperson of State Appropriate Authority.
  • Govt. of India in view of the recent Supreme Court Order dated March 14, 2018 is seeking extension for the time emit provided in the Rules, 2014. Meanwhile the States/UTs should assess the number of such registered Medical Practitioners, Who are perform, ultrasound procedures in the registered Genetic Clinics or Ultrasound Clinics or Imaging Centres on the basis of qualifications pervious to the Six Months Training Rubes, 2014 and make necessary arrangements to complete the competency Based Test of all the existing practitioners in a time frame on an urgent basis.
  • Similarly, arrangements should be made for timely completion of Six Months Training for all those MBBS graduates who have not been registered so far and intend to perform ultrasound/other procedures coming in the purview or PC & PNDT Act/Rules.

The Ministry also directed that a conditional renewal of registration of existing practitioners

Pending the completion of the process of competency Based Test/Six Months Training Rules, 2014 the states/UTs may ensure through their Appropriate Authorities to renew registration of existing practitioners with the condition incorporated that the renewal of registration is conditional subject to the outcome of the Competency Based Test/Six Months Training Rules for the concerned Medical Practitioner.

 




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26 comment(s) on Radiologists allegedly not allowing sonologists to clear PNDT Exam: Health Ministry directs Impartiality

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  1. It ia the duty of the concerned party to bring all the legal grievance, relevant and similar facts , citations(applicable judgment) to the notice of Hon’ble Court so as to assist the court to pass suitable orders
    Scan training notification
    The matter is pending before Hon’ble Apex court (Interim order passed)
    The following points may be brought to the attention of the Hon’ble Court
    1.Any notification –to be prospective not retrospective-
    2.It is for people with one year experience –no stretch of imagination it can apply to 25 years experience
    3.Govt shall not bring the profession and practice of decade of experience to grinding halt affecting fundamental rights
    4.Amenment is patent act- Advocates who practice as patent agent is protected at all times
    i. first amendment –Advocates with science background only act as patent agent – Advocates who already practice as agent can continue and renew without writing exam
    ii.second amendment –Only those who pass patent exam can act as patent agent- Advocates who already practice as agent can continue and renew without writing exam
    Afterwards that amendment is also declared as invalid by Hon’ble High Court of Madras
    Nowadays one interpretation is given that doctors with 25 year or more experience also has to appear for exam .If that interpretation is acceptable ,
    Only people with higher/special qualification can monopolize their pracitise
    1.No undergraduate doctors can do scanning .only people with PG qualification can do
    2. No undergraduate doctors can put any stitching . only people with PG qualification can do
    3. No undergraduate doctors can conduct delivery cases . only people with PG qualification can do
    4. No undergraduate doctors can see any skin problems . only people with PG qualification can do
    5. No undergraduate doctors can do anything connected with bones . only people with PG qualification can do
    6. No undergraduate doctors can practice in cancer . only people with PG qualification can do
    7. No undergraduate doctors can practice medicine . only people with PG qualification can do
    If such interpretation is correct, all those people who are already having decades of experience in any field have to appear for competency based evaluation otherwise not entitled to practice .

    If such interpretation is correct in the field of legal practice , al those people who are already having decades of experience in any field (for example DRT tribunal MACT Tribunal or Court)have to appear for competency based evaluation otherwise not entitled to practice or can be considered for elevation
    The Hon’ble Apex court in its judgment held as follows
    6. Prima facie, these provisions indicate that Parliament has conferred upon the Central government rule making authority to specify minimum qualification for persons to be employed at genetic counselling centres, laboratories and clinics. Specification of qualifications, in our view, should be read in a purposive sense which will fulfil the object of the law. Even on a plain and natural construction of the words used by Parliament, specification of qualifications must necessarily comprehend the power to prescribe training. The rationale for this is that the training would sensitize the person concerned to the salutary object and purpose of the legislation which has been enacted by Parliament to deal with a serious social evil and be conscious of the misuse of sex-selection tests. Pre-natal diagnostic procedures are susceptible to grave misuse.
    Now let us see the facts
    As far as the legislative competence to enact rules
    The senior counsel for the petitioner in W.P.(C) No.2721/2014 contended
    (i) that prior to coming into force of the PNDT Act, even a person having a decree of MBBS, not necessarily of M.D. (Radiology) could own and operate a ultrasound machine;
    (ii) that Section 2(p) of the Act also includes in the definition of sonologist or imaging specialist, every such person who holds a medical qualification recognised by the MCI, again recognising persons holding the MBBS qualification as sonologist and imaging specialist;
    (iii) that there is no post-graduate qualification in ultrasonography or in imaging techniques;
    (iv) that under Section 32 of the Act the power of the Central Government to make Rules extends only to make rules for minimum qualifications of persons employed at the registered genetic counselling centre, genetic laboratory or genetic clinic and not to make rules for persons employed at ultrasound clinics;
    (v) that the technique of ultrasound is used for diagnostic purpose qua various organs and not only for sex determination and thus all clinics using ultrasound machines would not qualify as genetic clinics;
    (vi) instance is given of specialist hospitals / clinics dealing with specific organs, say heart, lung or liver and it was contended that they also use ultrasound machine but can by no stretch of imagination be called a genetic clinic;
    (vii) that the requirement, in Rule 3(3)(1)(b) as amended with effect from 9th January, 2014, of six months training can only be qua registered medical practitioners as defined in Rule 2(ee) of the Drugs and Cosmetics Rules, 1945 and cannot possibly be qua those who qualify as sonologist within the meaning of Section 2(p) of the Act;
    (viii) alternatively, Rule 3(3)(1)(b) has to be confined to the genetic clinics only and cannot be extended to ultrasound clinics; all ultrasound clinics are not genetic clinics; those who have been practising as a radiologist or have been using ultrasound for tens of years cannot be asked to undergo six months training or take any test, as the same cannot take the place of their experience of decades;
    (ix) that the amendment of Rule 3(3)(1)(b) w.e.f. 9th January, 2014 takes away the one year experience in sonography or image scanning as existed earlier and thus Rule 6(2) of the Six Months Training Rules is bad; and,
    (x) that under Rule 8 there was/is a right of renewal of registration; the amendment w.e.f. 9th January, 2014 takes away the said right; reliance is placed on G.P. Singh\’s Interpretation of Statues to urge that interpretation rendering certain words otiose, cannot be adopted and on Dr. Indramani Pyarelal Gupta Vs. W.R. Nathu AIR 1963 SC 274 laying down that the Central Government as a delegate of the legislature, without being specifically empowered can only make Rules having prospective operation and not with retrospective effect.
    Xi The central govt as a delegated authority can amend or make rules prospectively . Such power is also upheld by court . In the recent order also the Hon’ble Apex court upheld the power of govt to make rules or amendments . But it was not highlighted before the court that the central govt has power to make rules having prospective operation and but does not have the power to make rules with retrospective effect making it mandatory for doctors with decades of experience to undergo exam and taken away their vested rights
    XII. Judgment by the constitution bench
    1.Dr. Indramani Pyarelal Gupta Vs. W.R. Nathu AIR 1963 SC 274
    Dr. Indramani Pyarelal Gupta Vs. W.R. Nathu AIR 1963 SC 274 laying down that the Central Government as a delegate of the legislature, without being specifically empowered can only make Rules having prospective operation and not with retrospective effect.
    2. Supreme Court of India
    Lohia Machines Ltd. & Anr vs Union Of India & Ors on 25 January, 1985
    Bench: Y.V. Chandrachud Cj, P.N. Bhagwati, A.N. Sen, D.P. Madon, M.P. Thakkar
    CASE NO.:
    Writ Petition (civil) 4509 of 1980

    PETITIONER:
    LOHIA MACHINES LTD. & ANR.

    RESPONDENT:
    UNION OF INDIA & ORS.
    Held : Accordingly, I allow the writ petitions challenging the validity of the amendment only to the extent of its retrospective operation and I dismiss the writ petitions in so far as the amendment in its entirety is sought to be challenged. I propose to make no order as to costs ORDER In view of the majority decision, all the writ petitions are dismissed and both the parties to bear their own costs

  2. user
    Dr.Shivanandan July 27, 2018, 11:53 am

    In the whole of nilgiris district, tamilnadu, there has not been a single radiologist.As on date come and see ,there is absolutely no radiologist in the whole of Nilgiris district tamilnadu.The nearest radiologist is 72 to 125 kms away.Who are the persons responsible for this? If we MBBS are not supposed to do Ultrasound then ,I welcome all radiologists to come and immediately relieve the sufferrings of our people in Nilgiris District Tamilnadu.

  3. user
    Dr.Shivanandan July 27, 2018, 11:33 am

    I am a tamilnadu govt. servant. the tn govt, is giving training in anesthesia , LSCS ,all for 6 mnths. From August 1/2018, a batch is going for anesthesia training.trained anesthestists are all over govt set up.Then why only ultrasound course is being questioned?

  4. If a ultrasound technician can do USG, why not an MBBS ? It is a skill that can be acquired through training.
    We must train more MBBS graduates in this. It\’s the new stethoscope!!.

    Let\’s advance and not regress by cheap tactics of holding people back.

  5. Seems governments is making mockery of e erythi g.If you don\’t understand basics of any subject .than you must not interfete with rules. After six months traini g gove is goi g to breed a new crop of quakes in fild pf radiology. Ruining everything and playing with life of innocent people