Time to stop unqualified persons from practicing medicine: Karnataka High Court

Unqualified persons should be restrained from rendering medical services and hoodwinking poor people in rural areas, the Karnataka High Court recently observed [Dr Annaiah N v State of Karnataka & Ors]..Justice M Nagaprasanna made the observation while dismissing a plea by a paramedical practitioner (petitioner) who sought the registration of medical clinic run by him.The Court was surprised to note that the petitioner had been calling himself a practicing "doctor" for years, even though he only held a Community Medical Service and Essential Drugs (CMS-ED) diploma.The Court proceeded to dismiss the petition, while commenting that time has come to put an end to the trend of unqualified persons rendering medical services. "It is rather strange as to how the petitioner addresses himself as a practicing doctor for all these years. Time has come to pull the curtain down on such people who are practicing medicine without qualification and hoodwinking poor people in rural areas," the Court said. .The plea before the Court was filed after the State authorities in Karnataka refused to grant registration to the petitioner for running a medical clinic. The petitioner, therefore, moved the High Court for relief since he was aggrieved by such a denial of a registration certificate under the Karnataka Private Medical Establishments Act, 2007.The petitioner told the High Court that he had pursued para-medical studies and had been "practicing as a doctor" at his clinic for several years. .The petitioner informed that he had completed a CMS-ED paramedical course in Delhi. This course was certified by the Central Board of Paramedical Education, Mumbai, which operated under World Health Organization guidelines, the Court was told. Using this certification, the petitioner said that he had established a clinic in Bangarapet and had been delivering medical services for several years..Meanwhile, the Karnataka Private Medical Institutions Act, 2007 was enforced by the State government from January 23, 2008. As per the Act, the provision of medical services could be continued only after applying for and obtaining registration for running private medical establishments. The petitioner, however, was denied such registration. This rejection was contested by the petitioner before the High Court..Upon reviewing the records, the Court observed the para medical qualification held by the petitioner would not entitle him to claim that he is a "private medical practitioner" or a "doctor" under the 2007 Act. As such, he was not entitled to registration under the said Act, the Court concluded. "He is a paramedical practitioner. Being a paramedical practitioner, he is not entitled to any registration under the Act, which is sine qua non for continuation of practice as a medical practitioner. He is not a doctor as defined under the Act. He is also not one of those practitioners as defined under the Act," the Court said..The Court further expressed concern that even without any such qualification, the petitioner was said to have "practiced for ages" and may have also prescribed medicines. Having made these observations, the Court proceeded to dismiss the petition as devoid of merit. .Advocate Prakasha M appeared for the petitioner. Additional Government Advocate Navya Shekhar appeared for the respondent-authorities. .[Read Order]