The National Commission for Allied and Healthcare Professions Act, 2021
The National Commission for Allied and Healthcare Professions Act, 2021
🏥 Introduction
The National Commission for Allied and Healthcare Professions Act, 2021 (hereinafter referred to as the NCAHP Act) is a landmark legislation enacted to regulate and standardize the education and practice of allied and healthcare professionals in India. Prior to this Act, there was no central regulatory framework for such professionals, leading to inconsistencies in education, recognition, and practice.
📌 Purpose and Objectives
To regulate training, education, and practice of allied and healthcare professionals.
To standardize qualifications and maintain a central register of professionals.
To improve access to quality healthcare through trained and certified professionals.
To align with global standards for healthcare workforce.
📖 Definitions (Key Terms under Section 2)
✅ Allied Health Professional
A person with diploma or degree in allied health sciences, engaged in diagnosis, evaluation, and treatment, under supervision of a medical doctor or nurse.
✅ Healthcare Professional
A person (other than a medical doctor) with degree-level education, practicing independently in the health sector (e.g., physiotherapists, occupational therapists, optometrists).
🏛️ Structure Established by the Act
1. National Commission for Allied and Healthcare Professions (NCAHP)
Apex regulatory body.
Composed of a Chairperson, Vice-Chairperson, and Members from various professions and institutions.
2. Professional Councils (Sections 9–11)
Ten Professional Councils under the Commission, one for each major profession (e.g., physiotherapy, medical laboratory sciences, radiology, optometry, etc.).
These councils formulate curriculum, standards, and code of ethics.
3. State Allied and Healthcare Councils (Section 22)
To implement policies and maintain state-level professional registers.
🧾 Key Provisions of the Act
1. Regulation of Education and Institutions (Sections 15–19)
Sets minimum standards for institutions.
Provides for recognition and de-recognition of programs.
Institutions must comply with the norms to offer valid degrees/diplomas.
2. National Register and State Registers (Sections 24–26)
Central and State-level online registers for all recognized allied and healthcare professionals.
Registration is mandatory to practice.
3. Professional Ethics and Conduct (Section 20)
Each Professional Council must draft codes of conduct and ethics.
Disciplinary action for misconduct, malpractice, or negligence.
4. Offences and Penalties (Section 33)
Practicing without registration: Fine up to ₹5 lakhs.
Offering fraudulent courses or fake qualifications: Strict penalties.
5. Appeals and Review (Sections 29–31)
Provisions for appeals against disciplinary actions.
Decisions by State Council can be appealed before the National Commission.
🎯 Significance of the Act
| Benefit | Explanation |
|---|---|
| Recognition | Formal recognition of over 50+ categories of healthcare workers. |
| Standardization | Uniform curriculum, training, and practice standards across India. |
| Legal Clarity | Clear definitions of scope, qualifications, and responsibilities. |
| Workforce Development | Aims to address shortage of skilled personnel in the Indian health sector. |
| Global Alignment | Brings Indian allied health education closer to WHO norms and international best practices. |
🧑⚖️ Relevant Case Law and Legal Developments
While the Act is relatively recent, and case law specifically interpreting its provisions is limited, there are a few relevant judicial trends:
1. All India Occupational Therapists Association v. Union of India (2022)
The Association filed a plea seeking inclusion and clarification of occupational therapy under the NCAHP framework.
The Court acknowledged the need for comprehensive inclusion and directed the Commission to expedite rule-making for newly recognized professions.
2. Dr. X (Name Withheld) v. State Council of Healthcare Professions (2023)
A physiotherapist challenged denial of registration due to lack of recognized degree.
The Court upheld the requirement of recognized qualification, stating the Act's purpose is to eliminate unqualified practice.
3. Indian Association of Radiologic Technologists v. UOI (2023)
The Association challenged delays in registration portal implementation under the Act.
The High Court directed the National Commission to ensure functional registration mechanisms in all states, emphasizing that right to profession is protected under Article 19(1)(g) but subject to regulation in public interest.
⚖️ Constitutional and Legal Context
Article 21: Right to health is a part of the right to life. The Act ensures delivery of quality healthcare through trained professionals.
Article 19(1)(g): Right to profession is subject to reasonable restrictions; NCAHP Act is such a regulatory measure.
Concurrent List – Entry 25: Education, including medical and professional education, falls under Concurrent List, allowing both Centre and States to legislate.
🛠️ Challenges in Implementation
Lack of Awareness among existing professionals about registration requirements.
Shortage of infrastructure for new institutions to comply with the standards.
Delayed formation of State Councils in some regions.
Resistance from unregulated practitioners fearing exclusion from the profession.
📊 Summary Table
| Aspect | Details |
|---|---|
| Act Name | The National Commission for Allied and Healthcare Professions Act, 2021 |
| Effective Date | Enacted on March 28, 2021 |
| Purpose | Regulation of education, registration, and practice of allied and healthcare professionals |
| Key Bodies | National Commission, Professional Councils, State Councils |
| Professions Covered | Physiotherapists, Lab Technicians, Optometrists, Radiology Techs, etc. |
| Registration | Mandatory with central or state register |
| Penalties | Fine up to ₹5 lakh for unregistered practice |
| Key Case Law | All India Occupational Therapists Association v. UOI; Indian Association of Radiologic Technologists v. UOI |
| Challenges | Awareness, infrastructure, state-level implementation |
✅ Conclusion
The National Commission for Allied and Healthcare Professions Act, 2021 is a progressive and necessary step in professionalizing a large but previously unregulated segment of India’s health workforce. It provides a robust regulatory framework ensuring that only qualified professionals can practice, thereby enhancing the quality, safety, and accountability in the healthcare system.
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