Nagpur: In a first of its kind case, the Maharashtra medical council (MMC) has suspended the registration of a senior MD physician for two months for running an in-house pathology laboratory operated by technicians (DMLT) and not by qualified pathologists (MD in pathology).
According to the Maharashtra association of practicing pathologists and microbiologists (MAPPM), this is the first case in India in which a doctor has been punished for professional misconduct.
The order states that Dr Ashok Bawaskar, who owns a hospital in Khamgaon (Buldhana district), was also running a lab without qualified practitioners. He was referring patients to this lab and treating them on the basis of reports issued by non-qualified technicians.
“This conduct is highly objectionable for the medical fraternity. The doctor has been negligent and indulged in gross professional misconduct,” says the order.
The MMC acted on a complaint filed by Dr Gopal Soni, secretary of Buldhana district pathology association (BDPA). The case was under scrutiny since two years. Finally, the order was issued.
Dr Sandeep Yadav, president of Maharashtra association of practicing pathologists and microbiologists (MAPPM) told TOI that laboratory reports can only be countersigned by a registered medical practitioner with post graduate (MD) qualification in pathology.
“Running a laboratory without pathologists is an illegal and punishable offence under section 33 of the Maharashtra Medical Practitioners Act 1961 while referring patient to illegal labs run by technicians is illegal and unethical as per the code of medical ethics regulation 2002,” said Yadav.
MMC vce-president Dr Vinky Rughwani said that the doctor accepted his fault and so, the council ordered only 2 months of suspension of his registration. “Many such labs are operating across the state. We don’t want our members to promote such illegal activities. The suspension order was issued after we received an official complaint against the doctor. Henceforth, the MMC can take suo motu action in such cases,” he said.
Dr Bawaskar said he will file an appeal with the national medical council (NMC). “Thousands of hospitals across the country are running in-house labs. Suspension of registration is harsh action for a long time practitioner like me. I have the right to appeal to the ethics and medical registration board as per the NMC Act,” he said.
According to figures issued by MAPPM, there are 8,000 laboratories operating illegally in Maharashtra with 70% of them in urban areas. Many doctors are either running illegal laboratories in hospitals or referring patients to such laboratories for tests.
CAN’T RELY ON TECHNICIANS
* Doctor from Khamgaon (Buldhana) was running in-house pathology lab
* Lab operated by DMLT technicians and not MDs in pathology
* Doctor referring patients to laboratory run by DMLT
* He was treating patients on the basis of reports by DMLT technicians
* His registration has been suspended for 2 months
* Doctors should stop patronizing illegal laboratories
* Patients must choose lab with qualified pathologists