PIL Filed in Bombay HC Challenging Guidelines Allowing Dental Surgeons to Perform Aesthetic and Hair Transplant Surgeries

PIL Filed in Bombay HC Challenging Guidelines Allowing Dental Surgeons to Perform Aesthetic and Hair Transplant Surgeries

A public interest litigation (PIL) has been submitted to the Bombay High Court, contesting the guidelines previously issued by the now-dissolved Dental Council of India, which allow Oral and Maxillofacial Surgeons, primarily dental professionals, to conduct aesthetic and hair transplant surgeries.

The petition filed by the Dynamic Dermatologist and Hair Transplant Association, challenging the December 2022 guidelines, was heard on Thursday by a Bench comprising Chief Justice DK Upadhyay and Justice Amit Borkar.

After observing that the Dental Council of India had been repealed by the National Dental Commission Act of 2023, the Court directed the petitioner to examine the composition of the National Dental Commission and include it as a party to the proceedings. The Bench then scheduled the next hearing for September 19.

The PIL, submitted by advocate Shrikrishna Ganbavale, contends that the guideline poses a risk to public health by permitting practitioners lacking specialized training to conduct complex surgeries, which are typically the domain of dermatologists and plastic surgeons.

“The procedure of Hair Transplant and Dermatology is a very meticulous one which can only be administered by a specialist who has undergone specific training. Any ignorance of the procedure or lack of knowledge could prove fatal and lead to severe facial injuries,” the petition asserted.

The plea raises numerous concerns from both professionals and the public regarding the practices of dental practitioners who are not adequately trained for these procedures. It points to issues such as misleading advertising and potential risks to patients, including severe facial injuries resulting from improper procedures.

The PIL emphasizes significant differences in the training and qualifications required for dental practitioners compared to those necessary for dermatology and hair transplant surgeries. It argues that permitting dental practitioners to perform these specialized procedures violates several laws, including the National Medical Commission Act, which prohibits unqualified individuals from practising medicine.

“The guidelines issued by the Dental Council of India on December 6, 2022, allowed dental practitioners to practice aesthetic and hair transplant surgery after ‘adequate training’ according to their curriculum. However, premier institutions like Rajiv Gandhi University of Health Sciences and Maharashtra University of Health Sciences do not include Aesthetic and Hair Transplant procedures in their dental curriculum, focusing instead on Oral and Maxillofacial Surgery,” the petition notes.

The petitioner has requested the withdrawal of the December 2022 guidelines and stricter enforcement against unqualified practitioners. The plea calls for directives ensuring that aesthetic and hair transplant procedures are performed exclusively by qualified specialists.

Additionally, the petitioner has urged the establishment of an oversight body to monitor and prevent unauthorized practices, along with a ban on misleading advertisements related to these procedures. The plea also seeks the creation of a dedicated online complaint portal and a public awareness campaign to educate the public about the risks posed by unqualified practitioners.

 

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