eMediNews
(Incorporating eIMA News)
18th February 2016
Editorial (Dr S S Agarwal, Dr K K Aggarwal)
Another victory for IMA: Rule 3(3)(1)(b) of the PNDT Rules is ultra vires  and non-pelvic ultrasonologists  to be out of PCPNDT act with some riders
 
In a landmark judgement W.P.(C) 2721/2014: INDIAN MEDICAL ASSOCIATION  vs UNION OF INDIA, IMA has been able to get a relief for the doctors in the country. The six month training rules are out and non-pelvic ultrasonologists are out of PCPNDT act with some riders.
 
The excerpts of the judgment
" 98. We accordingly dispose of these petitions with the following declarations / directions:
(i) that Section 2(p) of the PNDT Act defining a Sonologist or Imaging Specialist, is bad to the extent it includes persons possessing a postgraduate qualification in ultrasonography or imaging techniques – because there is no such qualification recognised by MCI and the PNDT Act does not empower the statutory bodies constituted thereunder or the Central Government to devise and coin new qualification;
 
(ii) We hold that all places including vehicles where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or has the potential of detection of sex during pregnancy or selection of sex before conception, require registration under the Act;
 
(iii) However, if the person seeking registration
 (a) makes a declaration in the form to be prescribed by the Central W.P.(C) Nos.6968/2011, 2721/2014 & 3184/2014 Page 82 of 83 Supervisory Board to the effect that the said machine or equipment is not intended for conducting pre-natal diagnostic procedures;
 
(b) gives an undertaking to not use or allow the use of the same for pre-natal diagnostic procedures; and,
 
(c) has a “silent observer” or any other equipment installed on the ultrasound machines, as may be prescribed by the Central Supervisory Board, capable of storing images of each sonography tests done therewith, such person would be exempt from complying with the provisions of the Act and the Rules with respect to Genetic Clinics, Genetic Laboratory or Genetic Counselling Centre;
 
(iv) If however for any technical reasons, the Central Supervisory Board is of the view that such "silent observer” cannot be installed or would not serve the purpose, then the Central Supervisory Board would prescribe other conditions which such registrant would require to fulfil, to remain exempt as aforesaid;
 
(v) however such registrants would otherwise remain bound by the prohibitory and penal provisions of the Act and would further W.P.(C) Nos.6968/2011, 2721/2014 & 3184/2014 Page 83 of 83 remain liable to give inspection of the “silent observer” or other such equipment and their places, from the time to time and in such manner as may be prescribed by the Central Supervisory Board; and,
 
(vi) Rule 3(3)(1)(b) of the PNDT Rules (as it stands after the amendment with effect from 9th January, 2014) is ultra vires the PNDT Act to the extent it requires a person desirous of setting up a Genetic Clinic / Ultrasound Clinic / Imaging Centre to undergo six months training imparted in the manner prescribed in the Six Months Training Rules.”
 
Note
2 (p) “sonologist or imaging specialist” means a person who possesses any one of the medical qualifications recognized under the Indian Medical Council Act, 1956 or who possesses a postgraduate qualification in ultrasonography or imaging techniques or radiology;
2014 amending Rule 3(3)(1)(b) of the PNDT Rules as well as the amended Rule. The amended Rule 3(3)(1)(b) is as under:- 3.3.(1)  Any  person  having  adequate  space  and being or employing— (a) ..... (b) a Sonologist, Imaging Specialist, Radiologist or Registered Medical Practitioner having Post Graduate degree or diploma or six months training duly imparted in the manner prescribed in the “the Pre-conception and Pre-natal Diagnostic Techniques  (Prohibition  of  Sex  Selection)  (Six Months Training) Rules, 2014; (c)
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Press Release
IMA recommends adopting the Brazil Zika Model for fighting Dengue
 
 
 New Delhi, February 17, 2016: Dengue has emerged as a leading cause of death in India. Its incidence is drastically higher in countries with poor sanitation as compared to the developed nations. Last year, the highest number of disease cases were registered in Delhi a total of 97,740. The subsequent death toll being 200.
In light of this, IMA suggests that India considers the model adopted by Brazil to raise awareness on Zika virus, for its fight against dengue. As educating and raising awareness is an integral part of the Brazil model; with the help of the government and employment of armed forces, the society can be informed about the causes and  consequences of dengue and preventive measures which need to be adopted.
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IMA Updates
 
 
IMA Polio Dates
  • April 1st: tOPV would not be available after this date.
  • April 11th: bOPV would be available in private market but it is not to be opened or used before 25th April.
  • April 25: IMA Polio Switch Day, when tOPV would be completely withdrawn and replaced by bOPV in both routine immunization and polio campaigns.
  • 9th May: IMA National Validation Day when India would be declared free of tOPV. 

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