In recent developments in India, dermatologists have filed a Public Interest Litigation (PIL) against dentists performing hair transplant and aesthetic surgeries. The crux of the issue lies in the fact that, according to medical regulations, oral and maxillofacial surgeons are not qualified to conduct such procedures. Despite this, many dentists across the country have been illegally performing hair transplants, raising concerns about patient safety and ethical medical practices.
On December 6, 2022, the Dynamic Dermatologist and Hair Transplant Association filed the PIL, contesting the guidelines issued by the Dental Council of India (DCI) that allowed dentists nationwide to perform aesthetic and hair transplant surgeries. The case was presented before Chief Justice Devendra Kumar Upadhya and Justice Amit Borkar, who requested clarification from the National Dental Commission of India (NDCI), the regulatory body formed under the National Dental Commission Act of 2023. The court has asked for justifications from the NDCI regarding the legality of these guidelines.
Advocate Shrikrishna Banbavale, representing the dermatologists, argued that dentists are carrying out hair transplants without proper training, as they do not study these procedures during their formal education. He emphasized that hair transplantation is a specialized field requiring expertise in dermatology or plastic surgery, which dentists lack. Chief Justice Upadhya acknowledged that these guidelines were initially approved by the Medical Council of India (MCI), a panel of experts in the field, and remarked that the judiciary should refrain from interfering in such expert decisions. However, after considering the implications, the court decided that the NDCI should be included in the case and adjourned the hearing until September 19 for further clarification.
The Medical Council of India is a statutory body comprising of professionals. If in their view an oral and maxillofacial surgeon is competent to do hair transplant then what's the issue? They are experts. We cannot comment on this. They know better than us,
Chief Justice Upadhyaya
The dermatologists' association expressed grave concerns over dentists falsely advertising themselves as qualified dermatologists and hair transplant surgeons. They pointed out that such advertisements, particularly on social media and in public spaces, mislead unsuspecting patients, drawing them toward unqualified practitioners who may not be capable of performing these complex surgeries. This raises serious safety concerns, as improperly performed hair transplants can lead to severe complications such as infection, scarring, and even life-threatening injuries.
These surgeons are basically dentists, who don't study hair transplants... They do not study or are not trained to perform hair transplant surgeries, thus the petitioner association has filed this PIL
Counsel
The plea highlighted the fact that dermatological and hair transplant procedures are intricate and should only be performed by doctors who are extensively trained and have practical experience in the field. In contrast, dentists are neither trained in dermatology nor do they undergo the rigorous surgical training required for such procedures. The petition also referred to the landmark Supreme Court ruling in Poonam Verma vs. Ashwin Patel, which established that practicing a system of medicine without proper knowledge constitutes medical negligence. This ruling strengthens the case that dentists performing hair transplants and aesthetic surgeries without qualifications could be held legally accountable for malpractice.
The petitioners urged the court to withdraw the December 6, 2022 guidelines that permit dentists to conduct these procedures, asserting that they jeopardize patient safety. Additionally, the dermatologists called for a ban on advertisements by dentists promoting hair transplants and dermatological procedures, as these are misleading and violate medical ethics. The association stressed the need for strict oversight to ensure that only qualified professionals are allowed to perform such surgeries, thereby protecting the public from potential harm.
The dermatologists' association is seeking urgent action from the court, asking for the removal of the controversial guidelines, a crackdown on false advertising, and stricter regulations to prevent unqualified dentists from performing procedures that fall outside their scope of expertise. The next hearing, scheduled for September 19, is expected to provide further clarity on the issue, as the court will seek input from the National Dental Commission of India.
(Input from various sources)
(Rehash//Yash Kamble/MSM)
