SC Warns Govt: Implement Healthcare Professions Act by Oct or Face Consequences

Despite the court's involvement since September 2023, only 14 states and UTs have established state councils as mandated by the law.

The Supreme Court has issued a stern warning to the Center, States, and Union Territories (UTs) to enforce the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021, or face coercive measures.

In a recent case, the Apex Court responded to a petitioner who sought action against the proliferation of illegal allied healthcare educational institutions and bodies.

On the matter, a three-judge bench, led by Chief Justice of India DY Chandrachud, expressed frustration over the non-implementation of the Act, which has been in effect since May 25, 2021.

Despite the court's involvement since September 2023, only 14 states and UTs have established state councils as mandated by the law.

"The parliamentary legislation was intended to provide a legislative framework to protect the public interest against the proliferation of illegal institutional bodies. Despite the passage of three years since the enactment of the law, both the Union Government and the state governments have completely failed to discharge their statutory responsibilities," stated the bench.

What is NCAHP?

The NCAHP Act aims to regulate and maintain the standards of education and services provided by allied and healthcare professionals, assess institutions, and maintain central and state registers of these professions.

The Act covers a wide range of professions, including medical laboratory and life sciences, trauma and burn care, surgical and anesthesia-related technology, and physiotherapy, among others.

The Supreme Court has directed the Union and state governments to take necessary steps to implement the Act within two months.

"We direct the Union and states to take necessary steps to implement the Act within two months," ordered the SC bench.

The Health Ministry is required to convene an online meeting with all state health secretaries within two weeks to develop a roadmap for implementation.

The court warned that failure to comply with the Act could lead to coercive measures, emphasizing that infrastructure must be established and the provisions made functional in both letter and spirit.

"We direct the Union and the states shall, on or before October 12, 2024, take steps to implement the provisions...the secretary of the MoHFW shall within two weeks convene on-line meeting of all the state secretaries in health ministries and devise a roadmap consistent with the Act, the bench said.

The bench has also instructed all states and UTs to submit compliance reports to the Union Ministry of Health and Family Welfare (MoHFW) in a tabular format before the next hearing.

Additional Solicitor General Vikramjit Banerjee, representing the central ministry, has been asked to file a reply to the Public Interest Litigation (PIL) within two weeks.

Concerns Raised

The PIL, filed by the Joint Forum of Medical Technologists of India (JFMTI), seeks the implementation of the NCAHP Act and the establishment of Professional Councils and State Allied and Healthcare Councils as required by the Act.

The PIL highlighted that allied health professionals include individuals involved with delivering health or healthcare-related services with qualification and competence in diagnostic, therapeutic, curative, preventive, and or rehabilitative interventions.

The plea had said historically, India has leaned towards a 'doctor-centered' healthcare delivery, with very little attention to specialization in allied health sciences.

The Supreme Court has set a deadline of October 12, 2024, for the implementation of the Act.