Govt approval not required for Covid19 test of certain categories of patients; for others, approval in 24 hours: Gujarat High Court
May 31, 2020
Ahmedabad: The Gujarat High Court bench of Chief Justice Vikram Nath and Justice Pardiwala has ordered that Covid19 testing for certain categories of patients will not require approval from the government, and only intimation will be enough in such cases for Covid tests. For rest of the categories of patients, the approval for testing should be granted within 24 hours.
The High Court in its order said:
Certain categories of patients requiring urgent surgeries undergoing critical treatment relating to Hemodialysis, other emergency surgeries including delivery of pregnant women which cannot await the approval of the Superintendent of the GMERS, Ahmedabad or the DHO as it takes two to four days.
If the approval is awaited and only then, testing is conducted, it could result into disastrous situation for the patients as also the consulting doctor and paramedical staff.
In this respect, we have examined the guidelines of the ICMR regarding testing as also the report of the three members committee of the State Government.
According to the said report, certain categories of patients are enumerated where testing should be done. Those categories of patients,as referred to above, in our opinion, and for the reasons recorded above, would not be insisted for an approval from the concerned Superintendent of the GMERS, Ahmedabad or the DHO for other districts, but the COVID19 testing should be done forthwith without any delay and only intimation of such patients may be forwarded to the concerned authorities by the treating consultants.
For rest of the patients (not covered by the above specified categories), we direct that the COVID testing by the treating Physician or Surgeon would require an approval to be obtained, but, at the same time, we direct and make it very clear that such approval should be granted at the earliest and in any case, within 24 hours. This time line to be strictly adhered to.
DeshGujarat
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