Maha Paramedical Council Directs Local Bodies Not To Act Against Labs Run By Non-Pathologists

Mumbai, 17 Aug 2018: Thousands of technicians facing action from local bodies for running clinical laboratories independently in the state in violation of the Supreme Court order have found solace in Maharashtra Paramedical Council order directing stoppage of action against them.

The Council in a letter on August 6, 2018 has directed district collectors, municipal commissioners and district heath officers in Maharashtra not to take any action against technicians operating labs in absence of pathologists and withdraw the notices given to such labs as Supreme Court order is not applicable in the state.

It said that the apex court order is for the confirmation of Gujarat High Court order dated September 17, 2010. It doesn't apply to labs run by technicians in Maharashtra. Maharashtra Paramedical Council Act 2011 came into existence in the state before the apex court order. The Act was implemented after the assent of the Union government and President. 

The Paramedical Council was constituted by the state government to implement Maharashtra Paramedical Council Act which aims to regulate the profession and practice of clinical laboratory science and technology in the state.

The apex court in its order on December 12, 2017 upheld the Gujarat High Court judgment barring technicians from running labs and certifying reports. Gujarat High Court in September 2010 held that no report can be issued without the signature or counter signature of the practicing pathologist recognised by the Medical Council of India. Laboratory technicians being not pathologists, cannot run any laboratory independently, it said. 

Close on the heels of Supreme Court and Maharashtra State Human Rights Commission (MSHRC) orders, the local bodies in the state have initiated action against pathology labs run by non-pathologists such as people having diploma in medical laboratory technology (DMLT) or other equivalent qualifications. 

Health departments of Thane, Nanded-Waghala, Amravati, Solapur, Sangli, Akola, Chandrapur city, Panvel city municipal corporations have written to all the private hospitals/pathology labs in their respective jurisdictions instructing them to submit pathologist details. If any lab/hospital conducting clinical tests without having a pathologist in its panel, strict action will be taken against such hospital/lab, the letter stated.

This has created a flutter among thousands of pathlab owners in the state as they hardly have a pathologist in their panel.Pharmabiz