Supreme Court issued a request for responses from the Attorney General of India, as well as all States and Union Territories, in relation to a petition urging the enforcement of the National Commission for Allied and Healthcare Professions Act, 2021 (NCAHP Act).
A bench of Chief Justice of India DY Chandrachud with Justices JB Pardiwala and Manoj Misra issued notice returnable in three weeks.
The petition before the Court raises concern that due to the non-implementation of the NCAHP Act, substandard institutions are able to impart allied health and education services in India.
The plea further emphasized the lack of uniformity in the professional qualifications necessary for entry-level positions across various allied healthcare professions.
Additionally, the plea highlighted the absence of clear guidelines regarding the scope of practice in various allied health fields, posing a significant threat to healthcare services nationwide.
The NCAHP Act establishes a regulatory body and State-level councils to oversee all allied healthcare professions that were previously not governed by the National Medical Commission, Dental Council of India, Indian Nursing Council, or Pharmacy Council of India Acts.
These healthcare professions and professionals include:
- Medical laboratory and life sciences;
- Trauma, burn care, and surgical/ anesthesia-related technology;
- Physiotherapy;
- Nutrition science;
- Optometry;
- Occupational therapy;
- Community care, behavioural health sciences;
- Medical radiology, imaging and therapeutic technology;
- Medical technologists and physician associates; and
- Health information management and health informatic professionals.
"Even after acquiring the desired professional qualifications, their right and scope of practice has been snatched away due to absence of statute, while on the other side the similar health professionals like Doctors, Pharmacists, Dentists, Nurses, etc. enjoy the freedom of independent practice in profession due to existence of their respective councils," the plea stated.
The plea further emphasized that the subpar quality of allied health education, which encompasses life-saving skills, is directly impacting the overall quality of healthcare services.
"It should not be considered merely as an industry for job creation like other service sectors by introducing very short certificate programmes in healthcare," the plea urged.
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