No separate training is needed for person with MD in Anesthesiology to prescribe narcotic drugs for medical treatment purpose: Karnataka High Court

A person possessing an MD degree in Anesthesiology, which is a recognised postgraduate qualification under the National Medical Commission, requires no separate training to possess, prescribe and dispense essential narcotic drugs for medical purposes of pain relief, palliative care or opioid-based treatment, said the High Court of Karnataka.

The court also clarified that a postgraduate degree in Anesthesiology would satisfy the training requirements under the Narcotic Drugs and Psychotropic Substances (NDPS) Rules, for designating a registered medical practitioners under NDPS Rules for prescribing narcotics drugs for medical purposes.

Justice Suraj Govindaraj made this declaration while allowing a petition filed by the Indian Society of Anaesthesiologists, Mangaluru branch, and others.

The petitioners had questioned the communication of the State’s Assistant Drugs Controller (ADC), who had refused to renew the Registered Medical Institution (RMI) certification under the NDPS Act of certain hospitals, which had nominated persons with MD in Anesthesiology as “designated” medical practitioner under the NDPS Rules.

The ADC had said that a person with MD in Anesthesiology should have separate certificate of training in pain relief and palliative care for opioid dependence treatment for designation as medical practitioner under Rule 52 of NDPS Rules without which the hospitals cannot be granted RMI certification for procurement, possession and prescription of narcotic drugs for medical treatment.

The petitioners contended that curriculum of postgraduate in Anaesthesiology comprises necessary training prescribed under NDPS Rule and no separate training was essential

Clarifications

The court, based on the claim and counter-claims, had sought clarification, through Deputy Solicitor-General of India Shanti Bhushan M., from the Narcotics Commissioner, Atul Ambekar, Professor, National Drug Dependence Treatment Centre and Department of Psychiatry, All India Institute of Medical Sciences, New Delhi, and from the Narcotics wing of the Ministry of Finance, New Delhi.

The Narcotic Commissioner and the Ministry had categorically stated that the curriculum ensured that MD in Anesthesiology graduates were equipped to handle essential narcotic drugs, responsibly aligning directly with the objectives of Rule 52-N of the NDPS Rules, and there was no requirement for a separate certificate beyond the postgraduate degree.

Dr. Ambekar, the court noted, had clarified that by virtue of the training in Anesthesiology for pain relief or psychiatry for opioid dependence, such medical practitioners were legally empowered to prescribe essential narcotic drugs and thus met the legal requirement under the NDPS Rule.

The court also pointed out that if the requirement of separate training was imposed, as was done by the State’s ADC, it would result in imposing an undue regulatory burden, potentially hindering access to essential pain relief contrary to the intent of the NDPS Act, which prioritised medical availability of opioids.

Also, the court directed the ADC to grant necessary RMI certificate under the NDPS Rules to the hospitals, which had designated MD in Anesthesiology as “designated” medical practitioner for treating patients as per the NDPS Rules.