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IMA should challenge govt rules allowing Ayush professionals practising allopathy: Dr M C Gupta
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Peethaambaran Kunnathoor, Chennai
February 27 , 2015
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The Indian Medical Association (IMA) should undertake some aggressive
programmes in the national level in order to cleanse the medical system
in the country and the prominent among them should be to challenge the
government rules that allow Ayush doctors to practise allopathic system,
commented Dr M C Gupta, Advocate and Medico-legal Consultant in New
Delhi.
In an email chat with Pharmabiz, he said the association
should not remain as a silent spectator to quackery, rather it should
challenge it. In the same way it should defy the running of pathology
labs by non-doctors/DMLT etc. The association can take stern and
deterrent action against doctors who appoint or allow persons not
registered with the medical council to work with or under them as
employees. This includes Ayush graduates and foreign graduates who have
failed to pass the eligibility test necessary for registration.
When
there arise cases against practicing doctors, the medical association
should brave the state medical councils that refuse to allow the accused
doctors to be defended through their lawyers. It should have the valor
to challenge the SC judgment that a doctor must give up medical practice
before joining the bar. He said this 1996 judgement needs to be
reviewed because there is no such bar in USA, UK, Canada, Australia etc.
Dr
Gupta said the doctors may not always be able to treat patients free of
cost. IMA should consider this point and challenge the various laws,
guidelines and policies and pronouncements that force doctors illegally
to treat patients free of cost. The concerned laws include the Clinical
Establishments Act, 2010, also, he said.
Further, the association
should file suit against the common practice of registering FIR against
doctors and arresting them in violation of the SC judgment. So also,
IMA should raise voice against the government policy / practice of
forcing doctors to treat HIV infected patients, including deliveries and
surgeries, without providing them proper infection barrier equipment
etc. and without arranging anti-HIV treatment for them if they get
infected and without providing them proper insurance cover through an
appropriate scheme for the purpose.
The association can take a
legal stand in support of striking doctors if the demands and the strike
are genuine. It can even advise various residents’ associations about
their rights and duties with special reference to strikes and how to
organise successful strikes without the strike being suddenly called off
under the threat of ESMA/orders from the HC/SC in some PIL filed
against the strike.
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