The Karnataka High Court has ruled that doctors holding an MD in Anesthesiology do not need additional separate training to prescribe, possess, and dispense essential narcotic drugs for legitimate medical purposes, including pain relief and palliative care, under the Narcotic Drugs and Psychotropic Substances (NDPS) Rules, 1985, as reported by The Hindu.
The petition was filed by the Mangaluru branch of the Indian Society of Anesthesiologists along with other stakeholders, including hospitals, after a communication from the Assistant Drugs Controller (ADC), Mangaluru, refused to renew Registered Medical Institution (RMI) certification for certain hospitals who had nominated MD Anesthesiologists as their designated medical practitioner under NDPS rules.
In the communication, the ADC stated that a person with an MD in Anesthesiology must have a separate certificate for pain relief and palliative care training, including opioid dependence treatment, to be designated as a medical practitioner under Rule 52 of the NDPS Rules. Without this certificate, the hospitals were denied RMI certification, which authorizes them to legally procure, possess, and prescribe essential narcotic drugs for medical use.
A division bench of the Karnataka High Court comprising Justice Suraj Govindaraj allowed the petition, holding that an MD degree in Anesthesiology is a recognised postgraduate medical qualification under the National Medical Commission (NMC) and inherently satisfies the training requirements of the NDPS Rules for prescribing essential narcotic drugs.
The Court also observed that requiring an additional certificate or training beyond the postgraduate qualification would impose an undue regulatory burden and could hinder access to essential pain relief, which would be contrary to the intent of the NDPS Act, emphasizing the prioritisation of medically necessary opioid accessibility.
During the proceedings, the High Court sought clarifications from several authorities:
Deputy Solicitor General of India, Shanti Bhushan M.
Narcotics Commissioner, Atul Ambekar (Professor, National Drug Dependence Treatment Centre, Department of Psychiatry, All India Institute of Medical Sciences, New Delhi)
Officials from the narcotics wing of the Ministry of Finance, New Delhi
In their written responses, the Narcotics Commissioner and the Ministry of Finance stated that the MD Anesthesiology curriculum includes training that equips graduates to handle essential narcotic drugs responsibly, aligning with the purposes of Rule 52-N of the NDPS Rules. They confirmed no requirement for a separate certificate beyond the MD qualification.
The High Court’s clarification aligns professional training standards with regulatory definitions, easing procedural hurdles for hospitals and anesthesiologists involved in pain relief and palliative treatment.
(Rh)