SC raps NCAHP, states for failing to frame regulations, set up councils for allied health sciences

The Supreme Court (SC) has once again reminded the National Commission for Allied and Healthcare Professions (NCAHP), the new regulator for allied health science (paramedical) sector, to frame regulations, and the states and union territories, to form state-level councils to regulate the educational institutes and professional practice.

Noting that NCAHP and the states are yet to fully comply with its 2024 order to implement the NCAHP Act 2021, the new law governing the allied healthcare disciplines, the apex court, earlier this week, asked the commission and the state officials to submit affidavits of compliance. These affidavits would provide details of the notification of the state councils, framing of the rules for functioning of these councils and framing of the regulations under the Act. The court warned the centre and state authorities that they will be required to be physically present at the court if they fail to comply with the latest order.

The court was hearing a plea filed by the Joint Forum of Medical Technologists of India (JFMTI) and other petitioners seeking enforcement of the new law. They told the court that despite its earlier directives, regulations under the Act, 2021 have not been framed by the commission, while only 15 States have framed the rules and formed the councils. Some of these councils have either not been notified or are virtually non-functional, SC was told.

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NCAHP Act and allied health sciences regulation

The NCAHP is the union government’s first effort to centrally regulate the field of allied health sciences, previously known as paramedical professions or courses. While the NCAHP Act was passed by the parliament, the new commission wasn't fully formed until 2024. While the body has drafted some of the regulations regarding the autonomous bodies for undergraduate and postgraduate education, ethics and registration of professionals, they are still in the consultation phase. The states and UTs that are yet to form the councils include Bihar, Chandigarh, Delhi, Madhya Pradesh, Puducherry, Punjab and Ladakh.

The allied and healthcare professionals’ concern over the pace and manner of implementation of the Act is that they may not be constituted and made fully functional in accordance with the provisions of the law.

Some states – including Telangana, Haryana, Andhra Pradesh and Bihar – have issued notifications or initiated the process for establishing councils but that is not enough.

“Merely notifying a council without establishing all statutory mechanisms does not fulfil the objectives of the Act. State Governments should complete the implementation process so that students and professionals receive the benefits of a functional regulatory system, including standardized education, professional registration, legal recognition, and improved employment opportunities,” said Santosh Kumar, National President, Joint Forum of Medical Laboratory Technologists (JFMLT India) National Association.