23/09/2023
Supreme Court asks AG, States to respond on PIL to enforce National Commission for Allied and Healthcare Professions Act
The plea highlighted that the Act has not been implemented despite having been enacted two years ago, leading to a proliferation of substandard allied health sciences institutes in the country.
The Supreme Court on Friday sought the response of the Attorney General for India and all States and Union Territories in a plea seeking the implementation 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 added that there is no uniformity in the professional qualifications required for entry-level positions for various allied healthcare professions.
Further, there is no clarity on the scope of practices in various allied health fields. This seriously jeopardizes healthcare services across the country, the plea said.
The NCAHP Act provides for a regulatory body and State-level councils for all allied healthcare professions that were earlier 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.
The plea has also alleged that there appears to be a discriminatory and biased approach on the part of the government with respect to such healthcare 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 poor quality of allied health education, which consists of life-saving skills, is directly affecting the quality of healthcare, the plea further stressed.
"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.
The petition was filed through advocate Joby P Varghese.
Senior Advocate Gopal Sankaranarayanan with advocates Varghese and Upamanyu Sharma appeared for the petitioner-association.
News Courtesy:
barandbench..com
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