91+ Lawyers are online 
Does law prohibit doctor to perform sonography on pregnant woman
29-Jun-2023 (In Medical Negligence Law)
Is there any law forbidding a m.b.b.s doctor performing sonography on her own ( not referred ) pregnant patient for her/foetal well being and also in emergency situation?
The law which governs Sonography in India is the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 (http://www.ncpcr.gov.in/view_file.php?fid=434).
The short answer to your question is - No, the law would not prevent a m.b.b.s. doctor (duly registered as a sonologist as per the PC PNDT Act) from performing a sonography in an emergency situation or for foetal well being (provided the risks are those as given under Section 4 of the Act).
The act is very clear - it allows doctors to performs pre-natal diagnostic techniques (such as sonography) only under specific circumstances specified and outlined under Section 4 of the Act:
4. Regulation of pre-natal diagnostic techniques.- On and from the commencement of this Act,— 1. no place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic techniques except for the purposes specified in clause (2) and after satisfying any of the conditions specified in clause (3); 2. no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely:— (i) chromosomal abnormalities; (ii) genetic metabolic diseases; (iii) haemoglobinopathies; (iv) sex-linked genetic diseases; (v) congenital anomalies; (vi) any other abnormalities or diseases as may be specified by the Central Supervisory Board; 3. no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:— (i) age of the pregnant woman is above thirty-five years; (ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal loss; (iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals; (iv) the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease; (v) any other condition as may be specified by the Central Supervisory Board.
The short answer to your question is - No, the law would not prevent a m.b.b.s. doctor (duly registered as a sonologist as per the PC PNDT Act) from performing a sonography in an emergency situation or for foetal well being (provided the risks are those as given under Section 4 of the Act).
The act is very clear - it allows doctors to performs pre-natal diagnostic techniques (such as sonography) only under specific circumstances specified and outlined under Section 4 of the Act:
4. Regulation of pre-natal diagnostic techniques.- On and from the commencement of this Act,— 1. no place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic techniques except for the purposes specified in clause (2) and after satisfying any of the conditions specified in clause (3); 2. no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely:— (i) chromosomal abnormalities; (ii) genetic metabolic diseases; (iii) haemoglobinopathies; (iv) sex-linked genetic diseases; (v) congenital anomalies; (vi) any other abnormalities or diseases as may be specified by the Central Supervisory Board; 3. no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:— (i) age of the pregnant woman is above thirty-five years; (ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal loss; (iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals; (iv) the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease; (v) any other condition as may be specified by the Central Supervisory Board.
Helpful?
72+
72+
Adv. Siddhant Sharma
Delhi | 200+ Answers
Chat
Prohibition is for the purposes of finding sex of baby in womb and not for saving a patient from complications or in serious emergencies. It seems you are a doctor and has used sonography for well being of your patient in emergency. The motive should not be to acertain sex of baby in womb. You may also confirm the same from MCI if so desire.
Helpful?
14+
14+
Adv. S P Srivastava
Delhi | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Medical Negligence lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
