Can MBBS legally do Ultrasound ?
As per section 2 (p) of the PCPNDT Act every MBBS doctor is a sonologist as MBBS is one of the recognized medical qualification under the IMC Act and as per the rule 3(1)1b does not require any training.
This was reiterated by the Delhi High Court in 2010,in the case no. W.P.(C) 6654/2007 wherein it gave its interpretation that as per section 2(p) of the act every MBBS doctor is a Sonologist as MBBS is one of the recognised medical qualification under the IMC Act and hence as per the rule 3 (1)1b did not require any training.
This judgement was given after three and a half years of arguments and was announced after being kept reserved for two months so full deliberation was done on it by the learned judges. The final arguments in the case were done by our CEO Dr.J.S.Randhawa himself before the honourable court and he brought it to winning conclusion .IRIA was also a party in opposition in this case along with government of India and Government of NCT of Delhi. MCI was also called to testify in the case.
Again in the case no.w.p.(c)3184/2014 in Delhi High Court against a notification from government of India which had made six months training essential for MBBS doctors. The final judgement was pronounced on 17-02-2016 after being reserved for 10 months. In this case our CEO Dr.J.S.Randhawa was petitioner in person and this time argued the whole case by himself winning it again against Union of India, Government of NCT of Delhi and IRIA.MCI was a party in this case too.
The court gave its conclusion :
- That as per the act MBBS is qualified to do ultrasound by virtue of definition of sinologist.
- The PCPNDT Act is meant for checking on the falling female sex ratio.
- It has no authority to coin new qualifications , which are the domain of MCI.
- MCI had not barred MBBS from doing ultrasound before the act and neither after the act.
- Issue of illegal practice of sex determination is based on morality and it is not that a better trained MBBS will not do while a poorly trained one will do.
Thus the notification which makes 6 months training essential was made ultra vires (INVALID) by the honourable court.
POST DELHI HIGH COURT JUDGEDENT…..
- Many states including HP, Punjab and haryana, Bihar , Maharashtra, MP ,Madras, Jharkhand , Assam, Chattisgarh made same Judgements.
- In HP case the MCI reiterated that only it has power to certify any qualification and only the qualifications in the schedule of MCI are recognized.
- It be noted thet Qualifications included in MCI schedule are MBBS and post graduate diploma (2yes) and PG degree (3 yrs).
The Government of India has put a case in supreme court appealing for reconsideration of Delhi High Court decision but has been denied stay twice. Since many states are involved in the case. It will remain pending for sometime.
HOWEVER, Chennai high court and Bihar High court have clearly stated in their judgements that Delhi High Court judgement shell remain applicable till DONE TILL DATE.
SO AS OF NEW EVERY MBBS IS A SONOLOGIST AND DULY RECOGNISED TO BE REGISTERED UNDER THE PCPNDT ACT AND CONDUCT ULTRASOUND.
Will I Get Registered under PCPNDT?
Please go through the answer above. It should resolve all your doubts.
What about the pending case in Supreme Court?
In view of the above observations being strongly made by so many courts and specially Delhi High Court twice. It is nearly impossible that supreme Court will overturn the decision. It has already denied stay to the Government twice.
What is the role of MCI?
MCI stand has already been cleared by the court in Delhi high court case and HP high Court case. Please refer to the answer of question no 1.
How will training and certification help me?
As a medico you are well aware that doing any kind of procedure without proper training and experience can land you into major problems.
Secondly certification is a documentary evidence which will help you to prove your experience or training in the field if unfortunately you get stuck in any case in the court anytime during your practice.
And then knowledge never goes waste. Ultrasound is an important tool now for all clinicians– A visual stethoscope which will improve your diagnosis million times.
Why should I train at your Institute ?
Our Institute is the only one in India which is solely dedicated to teaching and training in Diagnostic Ultrasound since 17 years.
The faculty is highly experienced and has trained more than 6000 students till date from all party of the world Their way of teaching and the course material provided has been appreciated world wide. In fact the course material book is highly sought after even by the non students but the Institute does not sell it commercially. It is exclusively for the students only .Continuous Iearning and full support is giver to all students throughout their career.
No one gives out their taleir talent for free. Books and free training modules and videos on net can never teach you what a practically experienced teacher can. On The important hands on tips and tricks , unique handson protocols, hands on practical knowledge on preventing mistakes can only be given by an experienced teacher .
Even our online training modules have been similarly designed and give you full chance to interact with the faculty to salve your queries . One can never learn until the things are taught systematically else we would have not needed any schools or colleges We get many students who have been doing ultrasound since years but have realised on coming here that what blunders they were committing as they had never been taught properly . They were just learning by hit and trial which can prove to be dangerous. Many of them have testified this in their testimonials too.