The Madras High Court recently ruled that in the absence of any recommendation from the Medical Council of India or from the AYUSH department, no medical practitioner is entitled to run a clinic anywhere in Tamil Nadu.
The bench of Justice M Dhandapani was dealing with a bunch of pleas filed by persons who had completed Diploma in Community Medical Service and Essential Drugs which is a two years’ course.
The petitioners had moved the high court alleging that the state authorities were interfering with the petitioners’ practice in the field of Community Medical Service and Essential Drugs.
The petitioners had said they were entitled to run Primary Health Care Clinics in rural areas. The petitioners had submitted that never pose themselves as doctors and were practicing only in the field of Community Medical Service and Essential Drugs, therefore, there was no impediment whatsoever in carrying out such practice.
The pleas were, however, opposed by the respondent authorities. The Additional Government Pleader appearing for the respondents submitted that if the petitioners are entitled to run a clinic, they must make an application under the Tamil Nadu Clinical Establishments (Regulation) Act, 1997 and obtain permission for establishing a clinic.
In the absence of any permission, the petitioners are not entitled to run a clinic either in the rural areas or anywhere in Tamil Nadu, the Additional Government Pleader contended.
The government counsel further asserted that unless the Medical Council of India or the AYUSH Department approve the qualification of the petitioners, they are not entitled to practice and run a clinic.
The court also took into consideration the relevant provisions of the Tamil Nadu Clinical Establishments (Regulations) Rules, 2018.
The court underscored that as per the Rules of 2018, Registered Medical Practitioner means a person who possesses any of the government recognised medical qualification and who has been enrolled in the register of the respective Council or any other statutory body recognised by the Tamil Nadu government.
And doctor means a Registered Medical Practitioner offering consultations or treatment under Allopathy or AYUSH, court highlighted.
Therefore, while dismissing the bunch of pleas, the court held that in the absence of any recommendation from the MCI or from the AYUSH Department, the petitioners were not entitled to run a clinic as they were claiming.
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