SC sets a two-month deadline to implement the Allied and Healthcare Professions Act, of 2021: What is this Act about?

About the Act

The National Commission for Allied and Healthcare Professions (NCAHP) Act of 2021 was enacted in India on March 28, 2021, to regulate the country’s allied and healthcare sector. This NCAHP Act was introduced to enhance the quality of education, ensure patient safety, and elevate the status of allied healthcare practices by establishing regulatory bodies and setting standards for education and services within the field. Still waiting to be implemented.  Under the Act, an “allied and healthcare institution” refers to an educational or research institution that grants diplomas, undergraduate, postgraduate, or doctoral degrees, or any other post-degree certification in allied and healthcare professions. These institutions are now subject to regulations that aim to maintain and improve the quality of education and professional practice.

One of the key aspects of the Act is the requirement for professionals to register with central and state registers. Practicing without registration is prohibited, ensuring that only qualified individuals provide healthcare services. Registration with a state commission is considered equivalent to registration with the national commission, streamlining the process for professionals across the country.

The Act also focuses on regulating education standards, including the standardization of curricula and the implementation of common entrance exams. It recognizes degrees obtained abroad, allowing those qualifications to be used for practice as an allied health professional (AHP) in India, thus broadening the scope of professional opportunities.

Who is covered?

In terms of services, the Act covers a wide range of allied healthcare professionals, including physiotherapists, occupational therapists, and medical laboratory technicians. It not only regulates the services provided by these professionals but also establishes codes of ethics and disciplinary mechanisms to ensure high standards of practice are maintained throughout the sector. The schedule of the Act provides the list of the professionals covered.

Commission under the Act

The National Commission for Allied and Healthcare  professional (NCAHP) is composed of the following members:

1. Chairperson:
   • A person with outstanding ability, proven administrative capacity, and integrity.
   • Must hold a postgraduate degree in a recognized allied and healthcare science profession.
   • Requires at least 25 years of experience in the field, with 10 years in a leadership role.
   • Appointed by the Central Government.
2. Vice-Chairperson:
   • A person with similar qualifications to the Chairperson.
   • Requires at least 20 years of experience in the field, with 10 years in a leadership role.
3. Ex Officio Members:
   • Senior officials from various government departments, including:
     • Joint Secretaries from the Ministries of Legal Affairs, Health and Family Welfare, Higher Education, Social Justice and Empowerment, and Skill Development.
     • Representatives from the Directorate General of Health Services and the Indian Council of Medical Research.
     • Rotating representatives from bodies such as the Atomic Energy Regulatory Board, National Medical Commission, and Rehabilitation Council of India.
     • Representatives from various medical institutions across India on a biennial rotation.

4. Part-time Members:
   • Two representatives from each of six zones, selected from State Councils on a biennial rotation.
   • The President of the Professional Council and other representatives of Professional Councils, selected by a committee.
   • Two representatives from charitable institutions engaged in education or services related to recognized categories, nominated by the Central Government.
5. Terms of Office:
   • The Chairperson, Vice-Chairperson, and Part-time Members serve a term of up to two years, with eligibility for re-nomination for a maximum of two terms.

New Development

Highlighting the urgency of establishing the statutory and regulatory framework by October 15, the Supreme Court bench, led by Chief Justice of India Dhananjaya Y Chandrachud, voiced serious concerns over the sluggish implementation of the 2021 law, despite a court notice on the matter issued in September 2023.

“The NCAHP Act of 2021 came into effect on May 25, 2021. According to the plea, most of its provisions have yet to be implemented. Notice was issued by this court on September 23, 2023. Among all states and Union Territories, only 14 have established state councils, and even these councils are reportedly not functional,” observed the bench, which also included Justices JB Pardiwala and Manoj Misra.

 Reference:

 Gazette notification of the law