Important : Now Who can't Sign the Pathological Lab Reports ?

 Important : 
Who can Sign the Pathological Lab Reports ?


 The recent order -cum- answer dated 14/06/2017 of Medical Council of India (MCI) given to National Accreditation Board for Testing and Calibration Laboratories (NABL), a Constituent Board of Quality Council of India,  will have direct impact on the Pathological Labs across the India.



Background :

1. The NABL, vide its email dated 08/10/2014 asked few questions to MCI, which are as under .:
a) Whether the M. Sc with Ph D candidates who as a matter of fact are not registered with MCI are eligible to sign medical laboratory reports?
b) Can persons holding MBBS degree registered with MCI/State Medical Council sign the medical test reports?
c) Can PhD (Medical Microbiology, Medical Biochemistry, Life Sciences, Applied Biology, Cytogenetics, Biotechnology) in relevant discipline be allowed to sign medical test reports? If not, can the same be allowed if they are co-authorized with a person regis... ?


Almost after the period of 3 years, the MCI in its above referred letter dated 14/06/2017 replied to NABL that the said queries were put before the Ethics Committee of MCI and after several meetings and more particularly  the last meetings were  held on 06/02/2017 and 07/02/2017 and the decision of the Ethics Committee was placed before the Executive Committee for its approval on 11/04/2017. The said letter dated 14/06/2017 is attached herewith.


The MCI Executive Committee  decided that, " All the Lab reports to be signed/countersigned by the persons registered with MCI / State Medical Councils"



This decision, will have a direct impact on day to day functioning of number of Path. labs across the Country. Now from the date of this decision, the Labs report can be signed by qualified Doctors only and not by M.Sc. Ph.D. fellows. So if such other persons have signed the reports after the said date, will that make the reports illegal from the eyes of Law ?. The Copy of this letter has already been marked to Central Health Ministry.

 Unless this decision is challenged and stayed by the Competent Court, it has to be followed. No doubt it will certainly have a greater impact on Path-Labs, we have to see whether it will be positive or negative.. 

Somewhat similar judgments relating to qualifications :

A) On this background I recollect 2 decisions in respect of M.D. Medicine doctors. Whether M.D. MEdicine can call himself/herself as a Cardiologist and can he be called as negligent for giving neurological treatment in case of emergency. 

The links for ready reference  :


1. http://advrohiterande.blogspot.in/2017/04/md-medicine-doctor-fined-for-calling.html

2. http://advrohiterande.blogspot.in/2017/04/md-medicine-doctor-is-not-negligent.html

B) PCPNDT :

"It's not an offense under the PCPNDT Act, if the computer generated reports are signed by the owner of the Hospital and not by the concerned Sonologist/ Radiologist"" -  
The Hon. Bombay High Court ( Justice Smt. Anuja Prabhudesai) in its  judgment in the case of Dr. Rajender Sujanyal & Dr. Shripad Inamdar V/s. State of Maharashtra, (W.P. No.4310/2015, Criminal), has given huge relief to Doctors against the highanded action of AA, by observing as above.. However, this judgment has been challenegd before Hon. Apex Court by Pune Municipal Corporation.


Thanks and Regards

Adv. Rohit Erande

Pune. 

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