Uttarakhand high court asks govt to seal all unregistered clinics

The Uttarakhand high court ordered all doctors in the state, including government doctors and those serving at clinical establishments, to prescribe only generic medicines which are readily available.

Published on: Aug 25, 2018, 01:46:05 IST

Hindustan Times, Nainital | By Neeraj Santoshi, Nainital

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Terming surgeries being performed by doctors without any prescribed medical degree in the state as “shocking”, the Uttarakhand high court has directed the state government to immediately seal all clinical establishments not registered under the Clinical Establishments (Registration and Regulation) Act, 2010.

The Uttarakhand high court also directed all the clinical establishments not to subject patients to unnecessary diagnostic tests. (HT/Picture for representation)

The court also ordered all doctors in the state, including government doctors and those serving at clinical establishments, to prescribe only generic medicines which are readily available. “No patient should be forced to buy branded medicines,” the order said.

The HC also directed the state government to ensure that all clinical establishments registered under the 2010 Act follow the operational guidelines under both the clinical establishments Act and Clinical Establishment Act Standard for Hospital (Level 1A & 1B). It also directed all the clinical establishments not to subject patients to unnecessary diagnostic tests.

A division bench of acting chief justice Rajiv Sharma and Justice Manoj Kumar Tiwari gave these directions while disposing of a public interest litigation (PIL) filed by Ahmad Nabi in 2016. The order was issued on August 14 but its copy was released on Friday.

The PIL had alleged that the BD Hospital Doraha Bazpur and Public Hospital Sarkari Road Kela Khera in Udham Singh Nagar district were being run by persons without any medical degree and were not registered under the Clinical Establishments (Registration and Regulations) Act, 2010.

The PIL also alleged that surgeries were being conducted by those with no medical degree. “It is shocking that the operations are performed by the doctors without a prescribed medical degree. Surgeries can only be performed by a duly qualified surgeon,” the order said.

The court has also directed the state government to prescribe the rates for various diagnostic tests, procedures, surgeries and treatments within one month.

“The outer wall of the intensive care unit (one of its side) shall be fitted with transparent glass, closed with cloth curtains to enable attendants of the patient to see the patient. The attendants of the patient shall be informed about the health/condition of the patient every 12 hours and the same is ordered to be videographed”, the order said.

The HC said that chief medical officer, US Nagar, had issued two notices to BD Hospital, Doraha Bazpur, and Public Hospital, Sarkari Road, in 2016.

“The chief medical officer had ordered an inquiry. The medical officer of government hospital, Bazpur, sent the inquiry report to the chief medical officer. It is mentioned in the report that 10 patients were admitted for surgery at BD Hospital, Doraha Bazpur. No doctor having MBBS degree was found to be practising there,” the order said.

HC said it is unbelievable that surgeries at the two hospitals are being performed by doctors with homoeopathic and Unani degrees. “Surgery is a very serious procedure and it can be performed only by a duly qualified surgeon. In a hospital, in which, there were no surgeons, 10 patients were found to be admitted for surgery,” the order said.

ABOUT THE AUTHOR
Neeraj Santoshi
Neeraj Santoshi is the Chief of Bureau for Hindustan Times in Uttarakhand, where he leads the state reporting team while covering government, politics, environment, wildlife, Uttarakhand High Court, and issues shaping the Himalayan region. With more than two decades in journalism across conflict zones, he has covered politically sensitive regions and environmentally fragile landscapes, and focused on stories that combine public interest with in-depth storytelling. An alumnus of Pune University with a Master’s in Communication Studies, he has reported extensively from Jammu & Kashmir (2003-2010), Madhya Pradesh (2010 to 2018 ) and Uttarakhand (Since 2018), covering subjects ranging from insurgency, elections and governance to wildlife conservation, mining, climate change, agriculture, human rights and social justice. He has covered politics and legislative assemblies of both Jammu & Kashmir and Madhya Pradesh over more than a decade. Before taking over as Chief of Bureau in Uttarakhand, he served as Special Correspondent with Hindustan Times in Madhya Pradesh and earlier reported for both Hindustan Times and The Indian Express in Jammu & Kashmir, where he covered state politics, environment and insurgency-related developments. Over the years, his stories have focused on environmental degradation, wildlife, illegal mining, governance and the changing social fabric of Himalayan states and Central India. He is particularly interested in long-form explanatory journalism, and stories that explore the intersection of ecology, conservation, governance and society. Outside the newsroom, Neeraj enjoys reading widely on neuroscience, consciousness studies, Artificial Intelligence and quantum physics, with a special interest in Kashmiri Tantric Shaivist traditions. He is also passionate about wildlife, mountaineering and the Himalayas, interests that continue to inform his reporting and deepen his understanding of the region he covers.Read More

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