High Court orders an independent commission to make guideline for doctors

The High Court has ordered the government to form an independent commission to make a “complete guideline” for doctors.

The court issued the orders along with a set of rules on Tuesday after hearing a writ petition seeking a ban on private practice of government hospital doctors.

It asked the government to keep experienced doctors and competent people in the commission.

The guideline will need to address issues such as doctors’ roles, work hours, and duty beyond work hour, according to the orders.

The guideline is essential because the commercial aspects of the service-oriented profession should not become the core, the court observed.

The bench of Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader issued the orders after hearing the petition filed by lawyers Abdus Sattar Palwan, Salah Uddin Reagan, Sujad Miah, Aminul Hoque, and Kowser Uddin Mondol on Feb 4. 

Besides seeking a ban on private practice of government physicians, the petitioners also sought the guideline by a commission of specialists and experienced people.

In the rules, the High Court asked why Section 4 of the Medical Practice and Private Clinic and Laboratories (Regulation) Ordinance of 1982 should not be declared contradictory to the constitution, unconstitutional, illegitimate and invalid. 

Section 4 of the ordinance bars registered medical practitioner in government service from running private practice during office hours.

But nothing is said about private practice of doctors after office hours, which allows them to practice privately.

The health secretary, director general of the Directorate General of Health Services, and the chiefs of Bangladesh Medical and Dental Council and Bangladesh Medical Association have been told to respond to the rules and implement the orders.

Sattar Palwan argued for the petitioner while Deputy Attorney General Abdullah Al Mahmud Bashar represented the state.