Supreme Court says “Everybody can’t be allowed to prescribe medicines”

Supreme court said on Thursday that Everybody can’t be allowed to prescribe medicines while hearing an appeal against the Kerala High Court order which stated that AYUSH medical practitioners can prescribe government-approved mixtures and tablets only as an immunity booster for COVID-19.

Solicitor General Tushar Mehta has been asked by Justice Ashok Bhushan headed bench to file counter affidavit within a week on the plea against the August 21 order of the high court.

Whether there are any guidelines in this regard by the Ministry of AYUSH (Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy), court asked Tushar Mehta.

He would place the guidelines on record on this aspect answered the solicitor general.

Bench said “as prayed, one week time is granted. List after a week”.

“Everybody can’t be allowed to prescribe medicines” and “It may be used as immunity booster but not for treatment” said Justices R S Reddy & M R Shah during the hearing.

The high court had passed the order on a plea which had sought a direction to the state authority to ensure that homeopathic practitioners are immediately allowed to perform in accordance with the March 6 notification of the Ministry of AYUSH, which had notify that state government shall take steps to adopt homoeopathic system among other systems of medicines in the fight against COVID-19.

High court also notified in its earlier order that “Advisory of the Ministry of AYUSH is being followed by the government and tablets are given free of cost to those persons as immunity boosters. As per the state medical protocol, COVID-19 affected persons should not be treated by anybody other than the government and those authorised by the government”.

The high court had further noted that as per the medical protocol of the government, doctors practising under AYUSH medicines cannot prescribe any medicine stating it as the cure  for COVID-19.

 “However, as per the advisory, there is nothing prohibiting the qualified medical AYUSH practitioners to prescribe immunity booster mixture or tablets, as suggested by the Ministry of AYUSH, Government of India, New Delhi,” it had noted.

“When the Central, as well as State Governments, have approved prescription of certain mixtures and tablets, as immunity boosters, qualified medical practitioners in AYUSH can also prescribe the same, but only as immunity boosters,” the high court had noted in its order.