PIL in Bombay High Court challenges guidelines allowing dentists to perform hair transplants

A public interest litigation (PIL) has been filed before the Bombay High Court challenging the guidelines issued by the now-defunct Dental Council of India that permits Oral and Maxillofacial Surgeons—primarily dental practitioners—to perform aesthetic and hair transplant surgeries [The Dynamic Dermatologist and Hair Transplant Association vs Union of India Thr Secretary Dept. Of Helath and Family]..The petition filed by Dynamic Dermatologist and Hair Transplant Association challegning the December 2022 guidelines was heard on Thursday by a Bench of Chief Justice DK Upadhyay and Justice Amit Borkar.The Court afer noting that the Dental Council of India was repealed by the National Dental Commission Act of 2023, instructed the petitioner to assess the constitution of the National Dental Commission and include it as a party in the proceedings. The bench then scheduled the matter for hearing on September 19..The PIL, filed through advocate Shrikrishna Ganbavale has argued that the guideline in question endangers public health by allowing practitioners without the necessary specialized training to perform complex surgeries traditionally reserved for 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..As per the plea, there are numerous concerns from professionals and the public regarding the practices of dental practitioners who are not properly trained in these procedures. Issues include misleading advertising and potential risks to patients such as severe facial injuries due to inadequate procedures..The PIL highlights significant discrepancies between the training and qualifications of dental practitioners and those required for dermatology and hair transplant surgeries. Hence, allowing dental practitioners to perform these specialised procedures violates several statutes including the National Medical Commission Act which restricts unqualified individuals from practising medicine, it has been claimed.“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 sought withdrawal of the December 2022 guidelines, stricter enforcement against unqualified practitioners Directions should be issued to ensure that aesthetic and hair transplant procedures are done only by qualified specialists, the petitioner has further requested.Additionally, the petitioner has sought the creation of an oversight body to monitor and prevent unauthorized practices and a ban on misleading advertisements related to these procedures. It has also barred for the establishment of a dedicated online complaint portal and a public awareness campaign about the risks posed by unqualified practitioners.