National Commission for Allied & Healthcare Professions Act, 2021

Context

The Supreme Court has given the Centre and state governments a two-month deadline to implement the National Commission for Allied & Healthcare Professions (NCAHP) Act, 2021. The Act, despite being in force for 3-4 years, remains largely unimplemented across many states, affecting the standardization of healthcare education and professional regulation.

What is the National Commission for Allied & Healthcare Professions (NCAHP) Act, 2021?

It is a legislative framework aimed at regulating and standardizing education and practices in the allied and healthcare professions. The Act establishes the National Commission for Allied and Healthcare Professions to oversee policy-making, maintain a central register of professionals, ensure uniformity in qualifications, and regulate professional conduct.

Key Provisions of the Act

1. Classification of Professionals

2. National Commission for Allied and Healthcare Professions

• Established to regulate allied and healthcare professions.
• Structure:
  • Chairperson & Vice-Chairperson
  • Five members from the central government
  • One representative from the Directorate General of Health Services
  • Three Deputy Directors or Medical Superintendents (on a rotational basis)
  • 12 part-time members representing State Councils
• Functions:
  • Maintain an online Central Register of all registered professionals.
  • Set minimum standards for education, courses, curriculum, faculty qualifications, examinations, training, and fee structure.
  • Ensure uniformity in qualifications across different states.

3. Professional Councils

• The Commission will constitute a Professional Council for each recognized category.
• Each Council will have a President and 4 to 24 members.
• The Council may receive delegated functions from the Commission.

4. State Allied & Healthcare Councils

• State governments must establish these councils within six months.
• Maintain a State Register of professionals.
• Work in coordination with the National Commission to implement the Act’s provisions.

5. Establishment of Educational Institutions

• Prior permission from the State Council is mandatory to:
  • Establish a new institution.
  • Open new courses.
  • Increase admission capacity.
  • Admit new batches of students.
• Failure to comply results in non-recognition of qualifications under the Act.

6. Offences and Penalties

• Practicing as a qualified allied and healthcare professional without registration attracts a fine of Rs. 50,000.

Why Did the Supreme Court Intervene?

• Despite being enacted 3-4 years ago, the Act remains largely unimplemented.
• Only 14 out of 28 states/UTs have set up state councils, and even those are not fully functional.
• The Health Ministry has been directed to convene an online meeting within 2 weeks to finalize an implementation roadmap.
• States must submit a compliance report at the next Supreme Court hearing.

Concerns Due to Non-Implementation

1. Inconsistent qualifications for allied and healthcare professionals.
2. Unregulated healthcare training institutions operating without standardized guidelines.
3. Rise in unapproved courses, potentially affecting patient safety.
4. Lack of proper recognition and employment opportunities for allied healthcare workers.

Significance of the Act

• Standardization of Allied Healthcare Education → Ensures uniform curriculum and training.
• Patient Safety & Healthcare Quality → Regulated professionals provide better healthcare services.
• Integration into National Healthcare System → Recognizes and formalizes the role of allied healthcare workers.
• Global Recognition → Aligns India’s healthcare education with WHO norms and international standards.

Challenges in Implementation

1. Coordination Issues between Centre and States.
2. Lack of awareness among healthcare professionals and institutions.
3. Funding and Infrastructure Constraints in setting up State Councils.
4. Resistance from existing educational institutions due to compliance costs.
5. Need for a phased implementation strategy to ensure a smooth transition.

Way Forward

1. Strict enforcement of Supreme Court directives to set up State Councils within 2 months.
2. Awareness campaigns for healthcare professionals and institutions.
3. Adequate funding and resource allocation for infrastructure development.
4. Regular monitoring by the Health Ministry to ensure implementation progress.
5. Periodic review and stakeholder consultation to address emerging challenges.

Conclusion

The National Commission for Allied & Healthcare Professions Act, 2021, is a crucial step toward streamlining and regulating allied healthcare services in India. However, its poor implementation has led to inconsistencies in education and professional standards. The Supreme Court’s intervention serves as a wake-up call for the government to take urgent steps to operationalize the Act and ensure patient safety, professional recognition, and high-quality healthcare delivery.