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| Cash, freebies to cost J&K Doctors heavily; Govt initiates inquiry | | Pharma companies must maintain distance: HC | | Early Times Report
SRINAGAR, Apr 8: An enquiry has been initiated against doctors who have been found allegedly receiving cash and gifts from pharmaceutical companies for prescribing their medicine.
This was stated by Secretary Health and Medical Education Department in a written reply to the Division bench of Jammu and Kashmir High Court. As the PIL, seeking action against doctors indulging in such malpractice came up for hearing before the division bench of the court comprising Justice Hasnain Masoodi and Justice DS Thakur, Senior AAG Javed Kawoosa said that 'statement of facts' has been filed in compliance to previous directions.
"Perusal of statement of facts reveal that the respondents have already instituted an enquiry against doctors alleged to be receiving cash and freebies from pharmaceutical companies identified in the petition," Division bench said. The statement also revealed that Secretary Health and Medical Education Department has issued circular (No.14-HME of 2014) whereby doctors practicing in the field of medicine, have been prohibited from receiving freebies and gifts from the pharmaceutical companies.
Likewise pharmaceutical companies have been asked not to make any arrangements for tours of doctors within or outside the country. "The circular, however, does not indicate any statutory provision under which the circular has been issued. Kawoosa, insisted that the circular has been issued in compliance of order dated 23.12.2013," the division bench said in the order.
A closer look on the order, the division bench said, would reveal that no direction has been issued to the respondents requiring them to issue a circular. "In the said background, it would be appropriate to direct Secretary Health and Medical Education to locate statutory provisions under which circular has been issued, so that the circular has a binding effect and any violation constitutes misconduct and disciplinary proceedings are initiated against the erring doctors," the Division bench said.
"We find it necessary to observe that blanket ban on doctors to participate in conferences, workshops, seminars would be counterproductive adversely affecting the doctors who are keen to participate in such conferences and workshops to enhance their knowledge and profession skills," the Division Bench said, directing respondents to file statement, indicating participation of the doctors from the state in conferences workshops and seminars within or outside country after direction on 23.12.2013.
"This will enable the Bench to pass further directions in the matter," the court said in the order. The respondents in the PIL include state through Chief Secretary, Commissioner Health and Medical Education, Director SKIMS, Director Health, Principals of GMC Srinagar and Jammu, Medical Council of India, DGP, IGP crime, Micro Labs Ltd.
The PIL filed by three persons from Srinagar through advocate Qazi Ayaz demand action against doctors who are involved in the commission and omission of offenses involving receiving of kickbacks and freebies to prescribe the medicine. The petitioners also demand ascertaining assets of such doctors and cancellation of their licenses. |
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