Physiotherapy Central Council: An Update

The regulatory mechanism for all allied health care disciplines was being
considered by the Ministry since its way back in 1995 with the setting up of
Dr.S.D.Sharma Committee, which proposed to set up an Omnibus Council Act for all
paramedical disciplines which was endorsed in a meeting of Health Secretaries held on
the 28th May, 1995. The Act was proposed to be an umbrella Act under which there was
to be a number of independent Central Professional Councils with uniform constitution
for all. The proposal to constitute the Omnibus Council was delayed due to various
reasons. Meanwhile, the Ministry of Social Justice and Empowerment in exercise of the
powers conferred by Section 2 of the Rehabilitation Council of India Act, 1992 issued a
notification dated the 13th October, 1998 including Physiotherapists under this Act.

The Indian Association of Physiotherapists (IAP) took serious objection to inclusion of
Physiotherapists under the Rehabilitation Council of India Act. After prolonged efforts,
the Ministry of Social Justice and Empowerment rescinded the said notification through
their Notification dated the 25th June, 1999. After which with all due diligence and
consultations with all the stakeholders, the Centre proposed a Paramedical Council Bill,
2001 which was sent to the Department of Legal Affairs for their concurrence. Ministry
of Law was of the opinion that the profession of physiotherapy should not be covered
within the meaning of the term ‘paramedical’. The Indian Association of Physiotherapists
had also been representing themselves and through other channels to the Ministry to be
excluded from the proposed Paramedical Council.

The present Paramedical and Physiotherapy Central Councils Bill-2007 was
introduced in the Lok Sabha on the 4th December, 2007 by Union Minster of Health &
Family Welfare, Dr.Anbumani Ramdoss and the Speaker of Lok Sabha Sh.Somnath
Chatterjee referred to the Department-related Parliamentary Standing Committee on
Health and Family Welfare on the 14th December, 2007 for examination and
recommendations. The main objectives of this Bill are to provide for the constitution of
Central Councils of the Paramedical (Medical Laboratory Technology), Paramedical
(Radiology Technology) and the Physiotherapy, the coordinated development in the
education of paramedical and physiotherapy with a view to regulating and maintaining
standards of such education, maintenance of Register of Paramedics and Physiotherapists
and for matters connected therewith or incidental thereto.
In view of the objectives behind the proposed legislation and also its impact on diverse categories of ancillary professions associated with health sector, the Committee decided to acquaint itself with all shades of opinion on the Bill. The Committee, accordingly, gave wide publicity to the
Bill through a Press Release, inviting views/ suggestions from all the stakeholders and
general public. An overwhelming response to the Press Release was received by the
Committee (thanks to all enthusiastic Physios).

A very large number of organizations/ stakeholders/ individuals/ associations/forums submitted memoranda containing their views. The Committee held extensive interactions with representatives of associations/organizations as well as renowned experts/ professionals from physiotherapy and made the following observations & recommendations:

1. This Act may be called the Allied Health Professions Central Councils Act, 2007.
2. The physiotherapy education over the years has made significant advancements
and has evolved as a distinct profession seems to be well established. This is
strengthened by the considered opinion of Ministry of Law that physiotherapy
profession should not be equated with the paramedical professions.
3. A definition should only describe the profession enumerating its different
characteristics and not its administrative part thus; the definition given in the
Delhi Council of Physiotherapy and Occupational Therapy Act, 1997; may be
included with the replacement of the words ‘physiotherapeutic system of
medicine’ by the word ‘therapy’ or ‘health care profession’.
4. An independent profession with entirely different course of study, mode of
treatment and approach in treatment and rehabilitation of patients cannot be
included under another profession, hence recommended to form Occupational
Therapy Central Council as a separate body altogether.
5. A specific and categorical provision is to be made in the Bill itself that, after the
term of the first Council i.e. two years expires, the next Council coming into
existence will be an elected body.
6. The Chairperson and the Vice Chairperson of the next Councils shall be elected
by the members of the respective Councils from amongst themselves and the
person so elected and his qualifications should be directly relevant to the
discipline of the concerned Council in such a way that he should be eligible to be
enrolled on the register of the concerned Council.
7. The Clause 3(4) (i); (j); (k) & (l) be amended to ensure that the members of the
first Councils appointed under these clauses should be from amongst the qualified
professionals of eminence and after the expiry of the term of the first Council,
appointments under these Clauses should be made from amongst the qualified
professionals of eminence, who are enrolled on the register of the concerned
Council.
8. A provision to be made in the present Bill to nominate two MPs from Lok Sabha
and one M.P. from Rajya Sabha elected by the respective Houses.
9. It would not be in the larger public interest to allow a wholly nominated body to
continue for five years. The Committee is of the considered view that tenure of
two years should be sufficient for the first Council to lay down and frame
requisite rules and regulations thus suggests that a member of the first Council
shall hold office for a term of two years and thereafter the term of Member of an
elected Council shall be five years.
10. The provisions to be made in the Bill, specifically indicating the powers and
duties of the Executive Committees, so that there is complete clarity about the
role of the Executive Committee and occasions for overlapping of powers and
duties of the Executive Committee with other Committees of the Council do not
arise.
11. In view of the yawning mismatch between demand and supply of health care
services in the country, the Committee feels that the Central Councils could play a
vital role in terms of acquainting the Government with requirements of allied
health professionals in the country; as the Delhi Council for Physiotherapy and
Occupational Therapy Council Act, 1997 mandates the Delhi Council to inter alia
advise the Government in matters relating to the requirements of manpower in the
field of physiotherapy
12. A detailed provisions, as made in the Indian Medical Council Act, 1956 and the
Delhi Council for Physiotherapy and Occupational Therapy Act, 1997 regarding
establishing an institution, opening a new or higher course of study or training,
increasing admission capacity in any course of study or training, procedure for
submission of an application for grant of permission etc, to be made in the said act
also.
13. The proposed provision in the Bill does not make any reference to a schedule
(where-under all the recognized qualifications of relevant professions are to be
included), very vital aspects like non-recognition of qualification in certain cases,
time for seeking permission for certain existing colleges/institutions in the Bill,
upgrading the skills of professionals through in service/ education/ training
programmes and most important the fate of the Councils/ Board in existence in
few States.

We all will be happy to know that the learned committee observed & documented
that, there is a lot of dissatisfaction among the allied health professionals particularly
physiotherapists with regard to their pay scales as the entry into Government service after
completion of four and a half years degree course in Physiotherapy is not addressed
properly. The report also states that “General perception was that discriminatory
treatment was being meted out to them as their pay scales did not commensurate with
their status and responsibility”. Considering the fact that, the Physiotherapists plays a
crucial role in the field of medicine and physical rehabilitation the Committee, therefore,
strongly recommended that our legitimate interests should be taken care of and the
existing pay structure may be revised according to qualifications and duration of the
course Physiotherapists have to put in before entering into a Government Jobs.

Let’s pull our muscles to get the support from maximum numbers of Members of
Parliament, for getting this report of the Department-related Parliamentary Standing
Committee on Health and Family Welfare accepted by the Union Minstery of Health &
Family Welfare and making the necessary changes in the Bill.