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ALLIED AND HEALTHCARE PROFESSIONAL CENTRAL COUNCIL BILL 2015 uploaded by ministry of
health & family welfare for Comments/Feedback from stakeholders on the bill.
Feedback and
Suggestions
Regards to Physiotherapy Council
Physiotherapist
Date 22/10/2015
To,
The Secretary
Ministry of Health and Family Welfare Nirman Bhawan, New Delhi
Sub: - Resentment with respect to proposal for the formation of Physiotherapy Council in present
form and Seeking Comments/Feedback from stakeholders on the same, October 25th, 2015)
Respected sir/madam,
With regard to the aforesaid subject, I would like to place before you certain enlightening facts
pertaining to Physiotherapy Profession in our country for your kind perusal and just action in the favor
of Independent Physiotherapy Council. As informed, I do citizen do offer suggestions for the rest of
the professionals, annexed as Annexure -1
I would like to bring to your kind notice that the Government of India had already decided to have an
independent Council for Physiotherapists under the Ministry of Health and Family Welfare with separate
cells for Occupational T h e r a p i s t a n d Physiotherapists way back in the year 1988 and budgetary
allocation of 5 lakhs rupees was also sanctioned between the years 1989-90 for the same.
Physiotherapy has been defined and categorized more than half dozen by MoHFW in
years 1994(independent council), 1995(paramedical along with lab technician),
1998(rehabilitation professional), 1999(paramedical along with lab technician),
2002(physiotherapy & paramedical), 2012(allied health), 2014(allied health) and
2015(along with physician assistant & dietician) in a very contradictory manner to
implicate physiotherapists with paramedical /allied health/physician assistant &
dietician (non-direct form of health discipline) profession in influence of physician
especially PMR.
1988
The Government of India decided to have an independent Council under the Ministry of Health
and Family Welfare with separate cells for Occupational Therapist and Physiotherapists
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1989
1994
Budgetary allocation of 5 lakhs rupees for Physiotherapy and occupational therapy council bill.
The MoHFW defined the term Physiotherapy as independent professional and prepared the
bill.
1995 The MoHFW on the recommendation of Law ministry conducted the state health secretary
meeting which decided the paramedical bill to be legislated
1997 Files pertaining to Paramedical and Physiotherapy, reported to be misplaced by them and
later on the noting portion was received from the office of DGHS.
1998 MoHFW itself recorded the need of dominance between PMR and Physiotherapy
1998 Government notified Physiotherapy in rehabilitation council of India (RCI) and categorized as
rehab professional.
1999 The Government de - notified Physiotherapy from RCI.
2001 Despite the aforesaid need of dominance observations, MoHFW constituted an expert
committee consisting of a PMR doctor, pathologists and Radiologists, without any expert
from the Physiotherapy profession to define the term Physiotherapy. The committee inserted
the term Medically directed in defining Physiotherapy in above said meeting.
2002 The paramedical bill was sent to the Ministry of Law for vetting. The Ministry of law pointed out
that they are not paramedical and dont come under the purview of paramedical and the same
was accepted by MoHFW.
2002-7 The term medically directed was strongly opposed by physios; it was rejected by MoHFW in
view of expert opinion, where PMR professionals were members.
2007 Department related standing committee on Health and family welfare in its report on
paramedical and physiotherapy bill 2007 pointed out that the word Medically directed in
the definition of Physiotherapy has been deliberately used defeating the very basis of defining
a profession in para9.47 and also observed the discrimination of physiotherapy by the
MoHFW .The same committee also observe the rivalry between medical profession and
physiotherapist in 9.452
2008 Bill Lapsed
2012 MOH&Fw released a report Paramedical to allied health, and presented to the MoHFW. The
role of private body PHFI which has members from MoHFW at the cost of public exchequer
of Rs 64 lakh is dubious. The report has presented the profession in a derogatory manner and the
experts have dissociated from the report3.
2014 Physiotherapy service was defined with restriction under the Clinical Establishment Act Rule
with PMR as chairman of committee, as allied health professional services4.
2015 syllabus hosted in the portal for the Ministry of Health and Family welfare, seeking comments
from stake holders also hosted in the portal for the Ministry of Health and Family welfare,
described physiotherapy scope of practice with limited scope of practice and term diagnosis or
method of treatment/system of treatment is missing from the definition.
It is very sad to point out that office of physician especially of PMR Rather engaged in using derogatory,
unconstitutional and medically vested term like medically directed therapy and have to render the
duty under prescription of PMR /Physician its rule ,circular, order and reports in direct violation of
fundamental right right to practice.5
The uploaded draft right away speaks to subsume the Delhi council of physiotherapy, which define
the physiotherapy as method of treatment and provides professional freedom to serve the patients as
autonomous profession. On the other hand, the draft defines the health and allied as
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Prescribed as under rule of government of India . I am afraid the above mentioned rules and
reports, which are direct violation of fundament; do not fall in the description of Prescribed
as under rule of government of India . If it so, in that case, I wonder, rule will precede the act and
subsume more ethical act of Physiotherapy?
It is humbly informed that the Government of India does not know the number of Physiotherapists6 due
to lack of Physiotherapy council and Due to the same, there is rampant irregularities in recruitment of
physiotherapist e.g.; at Safadarjung Hospital alone since 2008, in 5 different recruitment have been done
with five different recruitment age criteria, Despite complain and resentment no action has been taken.
Figure: 1
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Unfavorable
tradition
consultation
2. Denied independency
3. Doctors envy and upper hand
4. Nil regulations for authority
5. Forced misconduct
of
Knowledge deficit
1. Insufficient educational syllabuses
2. Poor acquired knowledge & low selfconfidence
3. Un-prioritized continuing education
4. Unskilled and immoral teachers
5. Lack of evidence based practice
Worsening Profession
1. Fall in college admission
2. High discontinuation of profession
3. Harmful and less effective services
4. Asymmetry of information and immoral activities
5. Unhappy and frustrated professionals
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describe
Physiotherapy
as
method/system of
treatment15.
4. Description of physiotherapy:
d) Practice Settings
Physiotherapists work in private and public settings providing client and/or population health
interventions as well as management, educational, research and consultation services.
This broad range of settings may include but is not limited to the following:
Child-development centers Community health centers
Government/ health planning agencies
Health clubs/Fitness centers
Hospices
Hospitals
Individual homes/home care Insurance companies
Nursing Homes
Long term care facilities
Occupational health centers
Outpatient/ambulatory care clinics
Physiotherapy clinics/ practices/private offices
Prisons
Public settings for health promotion Rehabilitation Centers/ Research facilities/
Seniors centers/residences S c h o o l s /universities/colleges
Sporting events/field settings Sports medicine clinics Work sites/companies
e) Alternative method:
Often used to describe independent healing approaches and Techniques used in place of
conventional treatments or mainstream medicine. In developed nation Physiotherapy Servesas
alternative method treatment e.g. musculoskeletal (MSK) physiotherapy practitioners at four
primary practices in north west Wales have saved nearly 700 GP appointments over three
months.
Physiotherapist serve as first contact practitioner in Australia, NZ, Canada and United State as
describe above.
Due to absence of regulatory mechanism, the Government of India do not know that how many
Physiotherapists live in India and what type of practice are they engaged complementary
or alternative?
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1. If the state health secretary meeting on the recommendation Law Ministry was that much
important, I wonder why Ministry throws the Physiotherapy profession from Ministry of Health
to Ministry of Social justice. Whether sanctity of that meeting and recommendation of Law
Ministry Remain Secured?
2. If Law Ministry recommendation was that much important that it force the government to conduct
the State Health Secretary meeting in 1995. I wonder, why it was not important in 2002,
when t h e Law Ministry pointed out on the basis 20 year old literature Physiotherapist are not
Paramedical even after its acceptance by MOH&FW?
3. Whether inclusion of Physiotherapy profession curriculum in RIPs &NIPs, does not amount
misplace fund in light of above mentioned facts and condition of physio?
4. Whether our policy can be based on lost files Note and misplace fund?
5. Whether any present decision of the Ministry of Health and Family welfare with respect to the
Physiotherapy Profession and that which is inconsistent with the prior decision, decided to have
an independent Council under the Ministry of Health and Family Welfare with long history of
biased and vested on the behest of Physicians especially of PMR who are occupying influential
positions in the Mohfw, is not a violation of the principle of promissory of estoppels?.
6. How long will such derogatory victimization will be continued by Moh&fw at the behest of
Physician especially PMR?
Demand
Therefore, in light of the above mentioned facts, the pathetic condition of physiotherapists and in
view of continued victimization, I humbly seek your urgent intervention and special attention in this
matter and request you:1. To immediately formulate measures for implementing the original decision of the Ministry of
Health and Family welfare to have an Independent council for Physiotherapists as decided in
the year 1988, on the similar line of any other method of treatment being regulated in India.
2. To take appropriate action with respect to explained facts, misplaced files & fund o f
Physiotherapy, irregularities in recruitment, conflict of interest and discrimination pointed out
at different paras of this representation.
3. To ban the Physiotherapy education and practice in India, if above request not feasible
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Reference;
1. Mohfw file NO-20816/1/97-PMS Volume i, volume ii&iii 31st report on Paramedical and
Physiotherapy report Paramedical to allied health 2012 clinical establishment CEA, physiotherapy
centre/023
2. http://clinicalestablishments.nic.in/WriteReadData/597.pdf
3. Final report Rationalization/ review of recruitment rules and job description,
AIIMS deloitte march 2012
http://www.aiims.edu/aiims/notices/recruitment_rules/draftcopy.pdf
a. Clinical establishment act,Physiotherapy CEA, 2014,
4. http://clinicalestablishments.nic.in/WriteReadData/597.pdf
a. Report Paramedical to allied health 2012
5. http://www.mohfw.nic.in/WriteReadData/l892s/NIAHS%20Report.pdf
a. Duty and responsibility 2007 onward of Safdarjung hospital
b. Duty and responsibilities mention in the ACR, A. Dhargave, Chief Physiotherapist, PMR
department
6. Lok Sabha unstarred question No.4442 ,
a. http://164.100.47.132/LssNew/psearch/QResult16.aspx?qref=3186.
7. http://www.phmed.umu.se/digitalAssets/104/104561_karthikeyan-kandasamy.pdf
8. http://www.sciencedirect.com/science/article/pii/S000495141460266X
9. http://www.health.gov.bt/wp-content/uploads/moh-files/National-Standard-for-\PhysiotherapyServices-inside-page.pdf
10. http://library.crpbangladesh.org:8080/bitstream/handle/123456789/45/620%20Yeamtiaz%20Ali%20Sarkar.pdf?sequ
ence=1
11. American jurisprudence, 1981 edition , article 10 , 2002 and 2012 edition , article 8
12. Physiotherapy practice thresholds in Australia and Aotearoa New Zealand, 1 May 2015
13. http://www.ahpra.gov.au/Search.aspx?query=%27project%20to%20develop%20new%20threshold%
20competency%20standards%27&f.Website%7Cboard=physiotherapy%20board&f.Date%7Cd=d%
3D2015
14. http://www.csp.org.uk/news/2015/08/20/north-wales-physio-service-saves-nearly-700-gpappointments
15. http://www.lawsofindia.org/state/21/Delhi.html
16. http://www.physiotherapy.ca/getmedia/e3f53048-d8e0-416b-9c9d38277c0e6643/DoPEN(final).pdf.aspx
17. http://www.muhs.ac.in/upload/syllabus/BPTH_Syllabus_050712_17082012_1508.pdf
18. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3495579/
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Annexure -1
Sl.
Existing Clauses
Change requested
Reasons
No
1.
Title:
THE
ALLIED
AND
HEALTHCARE
PROFESSIONALS
CENTRAL COUNCIL BILL 2015
Title:
THE
PROFESSIONS
OF
INDIA
Clause 3(2)(j,l,m,n)
(j) Two representative (ex-
HEALTH
COUNCIL
Clause 3(2)(j,l,m,n)
All
the
terms
and
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It is suggested to ensure
That the nominated members,
under various categories listed
above in Clause 3(2) (j,l,m,n) , are
among those who are eligible to be
registered in the registry as
professional under one of the
profession as per schedule 1.
the eligible
Professionals under each
category
are
in
the
overarching committee.
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annual rotation.
Provided that the nomination under
this clause shall be made on
recommendation of the Central
Council.
(n) Two members to be nominated
by the Central Government from
amongst the eminent practitioners in
allied and healthcare streams on
rotation every two years.
4
Chapter II Constitution of
the Central Council-Clause 3
(2) (l)
One third members from total
categories as prescribed under the
rules by the Central Government at
any given point on biennial rotation
to be elected from amongst
themselves in such a manner that
they represent such organizations
which can represent the interest of
allied and health care professional
cadres, as the case may be.
Provided that each of the categories
to be represented atleast once (for
period of two years) in the duration
of six years and that in case of
constitution of the Council for the
first time after the commencement
of this Act, the members of this
category shall be nominated by the
State
Government
till
the
assumption of office by the elected
members.
Chapter II Clause 7 (1) states
The Central Council
may, without prejudice to the
provisions of sub-section (2), by a
majority of its total membership
and a majority of not less than twothirds of
its members present and
voting, at any time recommend
removal of a member of the Council
to the Central Government.
Since
majority
in
constitute
comes
from
government
officials
a
dissenting
professional
representative face constant
threat
of
removal and shall not
exercises his free judgment.
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(1) The Central Council shall, as soon It is suggested that this clause
as may be, constitute from among its may also be revised to provide
members an Executive Committee.
fair representation to all the
profession listed the schedule 1
vi. Five members to be nominated
by Central Council from amongst
itself, such that two members
represent medical professional from
hospitals specified in sub section 2
(k) of section 3 and three members
represent the allied and healthcare
professionals
from
categories
specified in sub section 2(l) of
section 3 at any given time.
7
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9.
10.
Statement
of
Objects
&
Reasons (Page 12) 2. Maintenance
of proper standards in the training
and education of allied and
healthcare
professionals
is
considered essential as these
personnel play a crucial role in
healthcare delivery. With a view to
regulating these professions, it is
considered necessary to set up
Council on the lines already
existing for pharmacy, nursing,
etc.To begin with, it is proposed to
set up an overarching Council for
all the categories prescribed under
the Rules by the Central
Government
with
individual
committees
for
each
professional. The Council will be
responsible, inter alia, for
maintenance of uniform standards
of education in the respective
disciplines and registration as well
licensing of qualified personnel for
practicing the professions.
Statement
of
Objects
Reasons(Page 12) 2
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11.
Schedule 1- There are five
professions listed in this schedule
under Healthcare Professions
(Group A).
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End of Document
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