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The Madras High Court has held that degree-holders in Indian systems of medicine such as ayurveda, unani, homeopathy, siddha and naturopathy are not entitled to carry out ultrasonogram or ultrasound techniques and related diagnostic procedures on pregnant women.
Justice S.M. Subramaniam rejected the National Commission for Indian System of Medicine’s stand that the syllabus of BAMS, BUMS and BSMS courses covers the basics of ECG, USG, X-ray, CT scan, and MRI, and therefore, those graduates could practice ultrasonogram techniques.
Holding that only those authorised under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, could perform ultrasonograms and ultrasound techniques, the judge said that graduates in Indian systems of medicine do not figure on the list. “Basic knowledge of ECG, USG, X-ray, CT scan, and MRI taught in the (AYUSH) colleges would be insufficient and cannot be construed as a prescribed qualification within the meaning of the 1994 special central enactment and the rules framed under it in 1996,” he observed.
The court gave the ruling while dismissing three writ petitions of the Tamil Nadu Ayush Sonologist Association, pending since 2017.
The association claimed that all its members had undergone a certificate course in ultrasonography after completing their degrees.
It sought to restrain the authorities from suspending the registration of any genetic counselling centre, genetic laboratory, genetic clinic or hospital that permits its members to perform ultrasonogram techniques on pregnant women without violating the sex determination law.
The association also sought a declaration that degree-holders in Indian systems of medicine were fully qualified to carry out the technique if they had completed the certificate course in ultrasonogram. However, the judge rejected their plea by citing the provisions of the 1994 Act.
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