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Journal of The West Bengal University of Health Sciences July 2023 Vol 4 Issue 1

Editorial

The National Commission for Allied and Healthcare


Professions Act, 2021: A move toward the quality
and dignity for Allied and Healthcare Professionals.
Subir Kumar Das

ABSTRACT
The National Commission for Allied and Healthcare Professions (NCAHP) Bill,
2020 that came into force on the May 25, 2021, is seeking to regulate and standardize the
education and practice of allied and healthcare professionals in India, This bill separately
defined an allied health professional and a healthcare professional. The Bill mentioned
certain categories of allied and healthcare professions as recognized categories that are
specified in the Schedule to the Bill. The Bill sets up the National Commission for Allied
and Healthcare Professions that will create and maintain an online Central Register of all
registered professionals and framed the groundwork for regulating professional conduct,
code of ethics and etiquette to be monitored by allied and healthcare professionals. Once the
Bill becomes a law, there will be a Central Council for these professions and corresponding
State Allied and Healthcare Councils. The State Councils should constitute four autonomous
boards - Under-graduate Allied and Healthcare Educational Board, Post-Graduate Allied
and Healthcare Education Board, Allied and Healthcare Profession Assessment and Rating
Board, and Allied and Healthcare Professions Ethics and Registration Board - comprising of
a president and members from each recognised category as specified by the regulation. With
the establishment of the commission, the ways of instructions and assessment in allied health
courses will be standardized, allied health professionals will be registered, institutes will
be recognized and allied health care profession and professionals will be greatly benefitted.
Key words: Allied and Healthcare Professions, Central Register, NCAHP, National
Commission for Allied and Healthcare Professions (NCAHP) Act 2021, State Allied and
Healthcare Councils

Department of Biochemistry, College of Medicine


& JNM Hospital, WBUHS, Kalyani, Nadia 741235, Citation: Das SK. The National Commission for Allied
West Bengal and Healthcare Professions Act, 2021: A move toward the
quality and dignity for Allied and Healthcare Professionals.
email: drsubirkdas@gmail.com
J West Bengal Univ Health Sci. 2023; 4(1):1-7.

J West Bengal Univ Health Sci | Vol. 4 | Issue 1 | July 2023 1


2 NCAHP Act 2021

The explosion of scientific knowledge that scrutiny before it lapsed after the tenure of
followed World War II upgraded sophisticated the 14th Lok Sabha came to an end in 20093.
and complex medical diagnostic and In 2011, the United Progressive Alliance
treatment procedures. Increasing public (UPA) government brought the National
demand for medical services mixed with Commission for Human Resources for
higher health care expenses aggravated a Health Bill that was rejected by the standing
notion toward expansion of service delivery committee3.
from treating patients in hospitals to
However, the 117th report of the
widespread provision of care in physician’s
department-related Parliamentary
private and group practices, ambulatory
Standing Committee of Health and
medical and emergency clinics, and mobile
Family Welfare that examined the Bill
clinics and community-based care1. These
described that with the advancement
transformations in the health industry and
in science and technology, the range of
emphasis on cost-efficient solutions to health
skills possessed by allied and healthcare
care delivery led to numerous initiatives for
workers were the key to health sector
reinforcement health workforce capacity1.
reforms in India, especially considering
In 2012, the International Chief Health the shortage of doctors and nurses in semi-
Professions Officers defined the allied health urban and rural areas of the country3.
professions: as a specialized group of health Their quality and competency often play a
professionals who apply their expertise major determinant in making the system
with a range of technical support, deliver sensitive and efficient.
patient care, rehabilitation, treatment,
diagnostics and health improvement NCAHP bill
interventions to restore and maintain
optimal physical, sensory, psychological, In this context, the Lok Sabha passed the
cognitive and social functions1. Therefore, National Commission for Allied and
allied health professionals must stick to Healthcare Professions (NCAHP) Bill,
national training and education standards 2020 on the March 24, 2021. The Bill seeking
and their professional extent of practice. to regulate and standardize the education
Often they also prove their skills through and practice of allied and healthcare
degrees, diplomas, certified credentials, and professionals in India, was earlier passed
continuing education. by the Rajya Sabha on March 16, 20214. The
bill was notified in the official gazette on the
28th March 2021, after it received the assent
Why is it necessary of the Hon’ble President of India5. This bill
There are regulatory organizations in place came into force on May 25, 2021. The key
for doctors (National Medical Commission), features of the bill are highlighted in Table
nurses (Indian Nursing Council), 1.
pharmacists (Pharmacy Council of India)
Allied health professional and a
and dentists (Dental Council of India); and
healthcare professional
the healthcare system has diversified in
recent years. But the allied professions have This bill separately defined an allied
remained neglected. The Government of health professional and a healthcare
India is trying to regulate this profession. professional. An allied health professional
In 2007, a Paramedical and Physiotherapy has been defined as – “an associate,
Central Councils Bill was introduced in the technician, or technologist skilled to carry
Lok Sabha and underwent some legislative out the diagnosis and treatment of any

J West Bengal Univ Health Sci | Vol. 4 | Issue 1 | July 2023


Subir Kumar Das 3

illness, disease, injury, or impairment. Such • Creating and maintaining an online


a professional should have trained for a Central Register of all registered
diploma or degree under this Bill for at least professionals, which shall include
2,000 hours (over a period of two to four information including the name of
years) divided into specific semesters”[6]. On persons and qualifications relating
the other hand a healthcare professional is to any of their respective recognized
defined as – “a scientist, therapist, or any other categories. This central register shall
professional who studies, advises, researches, be deemed to be a public document.1
supervises, or support preventive, curative,
• The Bill framed the groundwork for
rehabilitative, therapeutic, or promotional
regulating professional conduct, code
health services. Such a professional should
of ethics and etiquette to be monitored
have obtained a degree under this Bill, after
by allied and healthcare professionals.
trained for at least 3,600 hours (over a period
It also offers for a uniform entry
of three to six years).”6
examination with common counselling
The Bill mentioned certain categories for admission into allied and healthcare
of allied and healthcare professions as institutions at diploma, undergraduate,
recognized categories that are specified in postgraduate and doctoral levels and a
the Schedule to the Bill and include life uniform exit or licensing examination.
science professionals, trauma and burn care
Professional Councils:
professionals, surgical and anaesthesia-
related technology professionals, • The Commission will set up a
physiotherapists, and nutrition science Professional Council for each recognised
professionals. This bill also includes category of allied and healthcare
psychologists as “Behavioural Health professions.
Sciences Professionals”. Fifty-six types of
• The Professional Council will
professions related to allied and healthcare
comprise of a President and four to 24
professions, under ten categories have been
members, representing every profession
listed in the bill4 as described in Table 2.
in the recognised category.
National Commission for Allied and
• The President or member of a Professional
Healthcare Professions (NCAHP)
Council should have a postgraduate
The Bill sets up the National Commission degree in the recognised profession, and
for Allied and Healthcare Professions. should have an experience of minimum
It will consist of a Chairperson, Vice- fifteen years, with at least seven years
Chairperson, five members representing as a leader in the allied and healthcare
various Departments/ Ministries of the professions. [Every recognised category
central government, one representative under the NCAHP Act has a Professional
from the Directorate General of Health Council to represent the profession in
Services, three Deputy Directors or Medical the Commission.]
Superintendents appointed on a rotational
• The Commission will continue an
basis from amongst medical institutions
online Central Allied and Healthcare
and 12- part-time members representing
Professionals Register.
State Councils, among others.
• The Rules advises an application form
Functions: The Commission will
for the issuance of the certificate of
perform the following functions with regard
registration to recognized professionals.
to Allied and Healthcare Professionals:
The registration fee is Rs 2,000/-.

J West Bengal Univ Health Sci | Vol. 4 | Issue 1 | July 2023


4 NCAHP Act 2021

Establishment of an allied and the Ministry of Skill Development and


healthcare institution Entrepreneurship; Deputy Director
General, Directorate General of Health
• The qualifying criteria for permission
Services; Member, Ethics and Medical
to establish an allied and healthcare
Registration Board, National Medical
institution specify that the institution
Commission; Member Secretary,
should be within the proximity of a
Rehabilitation Council of India; and
functional medical college or University
Head, Directorate of Regulatory Affairs
and has an attached hospital for the
and Communication, Atomic Energy
purposes of practical revelation and
Regulatory Board. The Deputy Secretary
internships to the students. It is yet
or Director, Ministry of Health and
to understand how it would affect
Family Welfare should be the Secretary
the already existing departments of
of the Interim Commission7.
psychology.
• Other than these eleven members, the
Interim Commission
positions of two professionals representing
• Section 20 of the NCAHP Act offers each of the recognised categories are
for the constitution of an Interim vacant. These members shall be selected
Commission within sixty days from the by the Committee formed under Section
date of assent of the Hon’ble President of 16 of the National Commission for Allied
India until the Government constitutes and Healthcare Professions Rules, 2021.
the regular National Commission. Effective implementation of the Act will
begin after the appointment of these
• On August 3, 2021, the Ministry of
members7.
Health & Family Welfare published the
National Commission for Allied and • The Commission may delegate any of
Healthcare Professions 1st (Removal of its functions to this Council.
Difficulties) Order, 2021 mentioned that
Responsibilities of the Registered
the Interim Commission could not be
Professionals
constituted within the stipulated period
due to the second wave of the COVID Once the Bill becomes a law, there will be
pandemic in India7. It also mentioned a Central Council for these professions and
that the Central Government should corresponding State Allied and Healthcare
constitute an Interim Commission Councils. Once this register is in place, no
within six months from the date on person, other than a registered allied and
which the Act receives the assent of the healthcare professional8, shall:
Hon’ble President of India.
• Hold office as an allied and healthcare
• As stipulated by the Section 20 of the professional in Government or in any
NCAHP Act, the Interim Commission institution supported by a local or other
was notified by the Government of India authority
on September 21, 2021 that consisted of
• Dispense service in any of the recognized
Additional Secretary, Ministry of Health
categories in any state
and Family Welfare as the Chairperson;
one Joint Secretary each from the • Eligible to sign or validate any certificate
Ministry of Health and Family Welfare, required by any law for the time being
the Ministry of Law and Justice, the in force to be signed or authenticated by
Ministry of Education, the Ministry of a duly qualified allied and healthcare
Social Justice and Empowerment, and professional.

J West Bengal Univ Health Sci | Vol. 4 | Issue 1 | July 2023


Subir Kumar Das 5

• People who haven’t enrolled themselves Commission for Allied and Healthcare
under the national register will not be Professions 3rd (Removal of Difficulties)
permitted to practice and may face a fine Order, 20229.
of upto Rs 5,00,000 and imprisonment
In a latest order, called the National
upto one year.
Commission for Allied and Healthcare
• The Bill defines various offences such as Professions 4th (Removal of Difficulties)
exploitation of title, failure to register Order, 2022, the Ministry clarified that all
or failure to surrender the certificate of the State governments/Union Territories
registration and lays down penalties for should, as soon as may be but within two
each of them. year from the date of commencement of
the NCAHP Act, 2021, constitute State
• Whoever flouts any of the provisions
Allied and Healthcare Councils. The latest
of this Act or any rules or regulations
order has come into force on the date of its
made there under shall be punished
announcement in the official Gazette, and
with imprisonment which shall be
the new deadline for the States and UTs to
minimum one year and may extend
constitute the State Councils would be in
to three years or with fine which shall
May, 20239.
be minimum one lakh rupees and may
extend to five lakh rupees or with both. State Allied and Healthcare Council
Members
State Allied and Healthcare Council
formation According to the Act, the State Councils
should have a Chairperson who has
Besides central commission, every State
experience in the field of allied and healthcare
Government shall, by notification, within 6
science, one member from medical sciences
months from the date of commencement of
field, two members each from state medical
the NCAHP Act, constitute a State Council
colleges, and representing charitable
to be called the ‘State Allied and Healthcare
institutions, two members from each of
Council’ for implementing such powers and
the recognised categories of allied and
discharging such responsibilities as may be
healthcare professions, among others5.
laid down under this Act4.
State Allied and Healthcare Council
The Union Ministry of Health and
and Autonomous Boards
Family Welfare has further enhanced the
timeline for the State Governments and The State Councils should constitute four
Union Territories (UTs) to form the state autonomous boards - Under-graduate Allied
level allied healthcare councils, which would and Healthcare Educational Board, Post-
end in the completion of two years of the Graduate Allied and Healthcare Education
initiation of the National Commission for Board, Allied and Healthcare Profession
Allied and Healthcare Profession Act, 20219. Assessment and Rating Board, and Allied
and Healthcare Professions Ethics and
However, due to the Covid pandemic
Registration Board - comprising of a
in the country, the State Councils could
president and members from each recognised
not be formed by the State Governments
category as specified by the regulation5.
within the stipulated period. Therefore, the
stipulated period was relaxed by the Central • The Under-graduate Board and Post-
Government to one year and six months Graduate Board shall decide standards
from the date of commencement of the Act, of allied and healthcare education at the
by issuing and order in May, 2022 - National graduate, post graduate level and super-

J West Bengal Univ Health Sci | Vol. 4 | Issue 1 | July 2023


6 NCAHP Act 2021

speciality level, develop competency of this Act - no person shall establish an


based on dynamic curriculum content, allied and healthcare institution; or an
reviewing institutional criterions already established allied and healthcare
against norms, faculty development, institution shall not open a new or higher
endorsement of courses of recognised course of study or training (including post-
qualification and other functions as graduate course of study or training) which
entrusted by the State Council. would enable students of each course of
study or training to qualify himself for
• The Allied and Healthcare Profession
the award of any recognized allied and
Assessment and Rating Board
healthcare qualification; or enhance its
shall decide the system for the
admission capacity in any course of study
assessment and rating of allied and
or training (including post-graduate course
healthcare institutions by providing
of study or training); or admit a new batch
for assessment of institutions, grant
of students in any unrecognized course of
permission for establishment of new
study or training (including post-graduate
allied and healthcare institutions and
course of study or training), apart from with
seat capacity, empanelling assessors,
the earlier approval of the State Council
imposing warnings or fines, proposing
obtained in agreement with the provisions
for withdrawal of recognition of
of this Act. Further provided that the allied
institutions and any other function as
and healthcare qualification awarded to a
delegated by the State Council to certain
person in respect of a new or higher course of
maintenance of minimum essential
study or new batch without prior permission
standards.
of the State Council shall not be a recognized
• The Allied and Healthcare Profession allied and healthcare qualification for the
Ethics and Registration Board shall purposes of this Act4,5. State council shall
retain online and live state registers plan for the scrutiny of the institutions and
of all licensed allied and healthcare approving recognition.
practitioners in the State, control the
With this act and following establishment
professional conduct and promotion of
of the commission, the ways of instructions
ethics and undertake any other function
and assessment in allied health courses will
as entrusted by the State Council.
definitely be standardized, allied health
The State council may also form as many professionals will be registered, institutes
professional advisory boards as may be will be recognized and allied health care
necessary to inspect the issues relating profession and professionals will be greatly
to one or more recognised categories and benefitted.
to suggest the State Council and also to
undertake any other activity as may be References
permitted by the State Council, added the
Act. 1. https://en.wikipedia.org/wiki/Allied_
health_professions Retrieved 22 April
Functions of State Allied and 2023
Healthcare Council
2. World Health Organization (2006), The
The state council shall also keep a register of World Health Report 2006. Geneva:
persons for every recognized categories to be World Health Organization.
known as the ‘State Allied and Healthcare
Professionals’ Register’. It has also been 3. Who are allied healthcare workers and
notified that from the date of commencement why Lok Sabha passed a bill to regulate

J West Bengal Univ Health Sci | Vol. 4 | Issue 1 | July 2023


Subir Kumar Das 7

the sector? The Print 26 March, 2021. bill,%202020.pdf [Last accessed on 22


Retrieved 17 April 2023. April 2023]
4. PRS Legislative Research. The National 7. Gulzar A. Implementation of the
Commission for Allied and Healthcare National Commission for Allied and
Professions Bill. 2020. Available from: Healthcare Professions Act 2021:
https://www.prsindia.org/billtrack/the- A Brief Note. In: https://www.
national-commission-for-allied-and- psytizenship.com/p/implementation-
healthcare-professions-bill-2020 [Last of-the-national-commission [Last
accessed on 22 Apr 2023] accessed on 22 April 2023]
5. The National Commission for Allied and 8. Mahajan R. National Commission for
Healthcare Professions Act No. 14. 2021. Allied and Healthcare Professions:
Available from: http://www.egazette. A right step to regulate healthcare
nic.in/writereaddata/2021/226213. education and practice in India. Adesh
pdf [Last accessed on 22 April 2023] University J Med Sc Res. 2021; 3(1);1-3
6. Kaur P. The National Commission 9. Babu Gireesh. Health ministry
for Allied and Healthcare Professions further extends timeline for state
Bill. 2020. PRS Legislative Research. governments to constitute State Allied
Available from: https://www.prsindia. and Healthcare Councils. In: http://
org/ files/ bills_acts/ bills_parliament/ pharmabiz.com/ ArticleDetails.aspx?
bill%20summary%20national%20 aid=154541&sid=1[Last accessed on 22
commission%20for%20allied%20 April 2023]
and%20healthcare%20professions%20

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J West Bengal Univ Health Sci | Vol. 4 | Issue 1 | July 2023

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