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The MCI, Clinical Establishments (Registration and Regulation) Act (CEA) and National Commission for Human Rights (NCHR) Acts are silent on this issue. However, in a Supreme Court of India judgment (SCI: 3541 of 2002, Martin F. D’Souza vs Mohd. Ishfaq, dated 17.02.2009), Justice Markandey Katju and Justice G S Singhvi gave directions to all medical establishments and doctors and observed “54 (iii b): No prescription should ordinarily be given without actual examination. The tendency to give prescription over the telephone, except in an acute emergency, should be avoided.”
It is implied that a tele-consult is a full consult but should be used only in an emergent situation and not as a routine. Being a consultation, it can be billed.