Proliferation of medical institutes a serious concern: Supreme Court

The Supreme Court on Monday directed the Union and State governments to take steps to implement the provisions of the National Commission for Allied and Healthcare Professions Act, 2021 (NCAHP Act) by October 12 [Joint Forum of Medical Technologies of India v UOI].A Bench of Chief Justice DY Chandrachud along with Justices JB Pardiwala and Manoj Misra took strong exception to the fact that law was yet to be implemented despite having been passed in May 2021."The Act came into force on May 25, 2021. It is stated in the plea that most of the provisions have not been implemented. Notice was issued by this court on Sept 23, 2023. Out of all states and UTs, only 14 states have constituted State Councils. It has been urged that above State Councils are not functional," the Court noted.The Court further said that there has been a proliferation of institutions imparting health and medical education, and the law was meant to arrest the same. "The proliferation of these institutes is a serious matter of concern and the parliamentary legislation was to provide a legislative framework to prevent such proliferation. Even after three years the Union and States have failed to discharge their responsibility," the Court noted.The Court was irked by the delay by the Central government in filing its response to a plea highlighting non-implementation of the Act. "No counter has been filed by union. Additional Solicitor General says counter will be filed in two weeks now. We see no justification for this and no justification for not implementing the parliamentary legislation," the Court observed.Though notice was issued on the petition in September 2023 the fact remains that provisions of the act remains unimplemented, the Court further noted.Hence, it directed the Ministry of Health and Family Welfare to convene an online meeting with State authorities within two weeks to develop a roadmap for implementing the Act."We direct Union and States shall on or before October 12, 2024, take steps to implement the provisions of National Commission for Allied & Healthcare Professions Act, 202. Secretary in MoHFW shall within 2 weeks convene an online meeting of all the state secretaries in health ministries and devise a roadmap consistent with the Act," the Court ordered. The top court directed that all States must file compliance reports with the Secretary of Health and Welfare and the Union Ministry would be responsible for compiling these reports and presenting them in Court before the next hearing. The Court further warned that failure to comply could lead to coercive measures..The Court was hearing a plea seeking constitution of State councils after framing of rules and regulations by Centre for discharge of functions, setting up of autonomous bodies, setting up of allied colleges etc.The plea alleged that due to the non-implementation of the NCAHP Act, sub-standard institutions can 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 top court had issued notice to the Union and States in the present plea. During the hearing today, ASG Vikramjit Banerjee sought some more time. To this, CJI replied,"Notice was issued in September 2023.. what have you done so far...we have to issue directions now to implement directions of the Act then.".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 informatics professionals..The petition was filed through advocate Joby P Varghese.Senior Advocate Gopal Sankaranarayanan with advocates Varghese and Upmanyu Sharma appeared for the petitioner-association.