Woman Arrested for Illegal Medical Practice

Kathmandu. Chetana A.M. (Poudel) was arrested by the Police Headquarters Central Investigation Bureau for engaging in illegal medical practice. The main reason for Poudel's arrest is the use of a medical degree for which she did not have the qualification, according to a police statement.

Poudel was arrested by CIB from Chandragiri Municipality-8 on Asar 10, drawing objections from concerned organizations. Poudel is accused of being involved in modern medical diagnosis and treatment of patients without a Nepal Medical Council registration certificate and being found with prescriptions recommending medication to patients.

The police arrested her following a complaint with a investigation report from the Nepal Medical Council, Bansbari, stating that Dr. Poudel was found with prescriptions recommending medication to patients at Spark International Health Resort, which is regularly monitored by the Nepal Medical Council, Bansbari, and requesting necessary action according to prevailing laws.

What is Poudel's educational qualification?

Poudel completed her Bachelor of Naturopathy and Yogic Sciences degree from SDM College of Naturopathy and Yogic Sciences, an institution affiliated with Rajiv Gandhi University of Health Sciences in Bengaluru, India.

Is Poudel's educational qualification registered?

According to the Nepal Health Professionals Council, Poudel is registered in BNYS (Bachelor of Naturopathy and Yogic Science) and Master of Public Health (MPH). Council Information Officer Shital Basnet stated that although discussions were held with the Ministry of Health and Population regarding granting the title of 'doctor' to BNYS, no conclusion has been reached.

Basnet said, 'The Council Act 2053 does not have a clear provision for granting the title of doctor to those who have studied Bachelor of Naturopathy and Yogic Science. However, discussions are ongoing in the ministry.' Currently, medical degrees are being awarded according to the Nepal Medical Council Act and the Ayurveda Medical Council Act. Poudel's educational qualification certificate is not registered with the Nepal Medical Council.

What do stakeholders say?

The Indian Naturopathy and Yoga Graduates Medical Association has drawn attention to the arrest of Dr. Chetana Poudel, a graduate of Bachelor of Naturopathy and Yogic Sciences, on charges of using a 'fake certificate' and the professional title 'Dr.'.

A statement signed by the association's executive director, Dr. Rajesh Kumar Singh, said, 'Dr. Chetana Poudel is a qualified naturopathy practitioner. The Bachelor of Naturopathy and Yogic Sciences program is a full-time professional degree that includes extensive academic study, clinical training, and mandatory internship. Her qualifications are recognized in Nepal. According to available records, her degree has obtained the necessary educational equivalence from Tribhuvan University in Kathmandu, and she is formally registered with the Nepal Health Professionals Council. Therefore, she is practicing within the existing regulatory framework applicable to naturopathy practitioners in Nepal.'

According to the association, the title 'Dr.' is an academic title associated with the BNYS qualification. This title is awarded by the university upon successful completion of the prescribed professional curriculum.

The statement said, 'Currently, there is no separate statutory council for practitioners related to naturopathy in Nepal. Consequently, naturopathy practitioners are regulated through the existing health professional registration mechanisms. Our request is that any allegations related to educational qualifications or professional certificates should be evaluated based on authentic educational records, university documents, accreditation status, and applicable legal provisions. Qualified health professionals should be given the opportunity for due legal process and fair consideration before reaching any adverse conclusions.'

Similarly, the Nepal Ayurveda Medical Association has stated that a separate council should be formed for naturopaths to grant them the title of 'Dr.'. The association's president, Dr. Shankar Gautam, said, 'They treat based on the five elements. Just as Ayurveda has its own council, they should also have their own council. The association believes that homeopathy, Sowa-Rigpa, and naturopathy practitioners should be allowed to use the title of doctor.'

According to the Nepal Health Professionals Council, in the current developed state, health workers with doctorates on their certificates from various universities under different disciplines are being registered with the council. The council clarified that while disciplines such as Doctor of Optometry, Doctor of Physiotherapy, Doctor of Homeopathy, and Doctor of Naturopathy and Yogic Sciences are being registered, it is not permissible according to council regulations for individuals other than those with doctorates mentioned on their university certificates to use the title themselves.

What does the Criminal Code say?

The police stated that further investigation is being conducted against Poudel under the offense related to treatment in the Muluki Criminal Code 2074.

Chapter 19 of the Muluki Criminal Code 2074 mentions offenses related to treatment.

It states, 'No person shall provide medical services, perform surgery on any part of a human body, prescribe or recommend any type of medicine, or perform any other type of treatment, unless they have obtained permission to practice from an authorized officer according to the law after acquiring the prescribed educational qualifications in the medical field.'

Those who commit or cause such offenses are subject to imprisonment for up to three years and a fine of up to thirty thousand rupees.

There is a clear legal provision that no one should attempt to kill or disfigure someone by treating them, perform one type of treatment when another is required, or knowingly or having reasonable cause to know that such medication or prescription could lead to death or disfigurement, administer or prescribe such medication or perform surgery, or perform surgery on one part of the human body when another part is to be operated on, or render that part useless or separate it from the body, or cause it to be done. If such an offense results in death, there is a clear legal provision for life imprisonment.