NCCE proposes amendment of CE Act to allow physiotherapists to own and run clinics
Posted on December 20, 2024 Updated on December 16, 2024
The National Council for Clinical Establishments (NCCE) has proposed an amendment in the Clinical Establishments (CE) Act, 2010 to allow the physiotherapists to own and run the clinics.
The Council, in its meeting in October, this year, has proposed amendment in Section 2(c)(e) of the Act, where it defines that a single doctor can own, control and manage clinical establishments, to add the provision.
The proposal is to amend the relevant portion as “a single doctor or any other professional defined under the National Commission for Allied Health Professionals Act, 2021 may be allowed to run a clinical establishment in compliance to minimum standards prescribed under the CE Act”.
National Commission for Allied and Healthcare Professions (NCAHP) has also acknowledged the proposal of the Council.
It may be noted that the Council, in its previous meeting held earlier this year, recommended to allow the physiotherapists to own and run the clinics through the amendment.
The decision comes as a relief to the physiotherapists and their organisation, which has been fighting legally to attain its right to own and run a clinic, which was not allowed as per the Act notified in 2010. Individuals and the Indian Association of Physiotherapists (IAP) approached the Delhi High Court almost seven to eight years back, seeking a favourable order on various issues related to the rights of physiotherapists, including on the particular issue.
The NCCE, in its meeting held on May, 2024, considered the matter in the backdrop of the pending litigation in the Delhi High Court.
“It was decided to include/allow the physiotherapists to run the clinics per the amendment proposed in the CE Act, 2010 under Section 2(c)(e),” said the Council.
Section 2(c) of the CE Act defines clinical establishments and those who can own, control or manage such establishments, including the government or a department of the government, a trust – public or private, a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the government, a local authority and a single doctor. It is in this section, the amendment is expected to add physiotherapists to run the clinics.
In the beginning of January 2023, in connection with the petitions the Court sought the government to submit whether two or more physiotherapists can set up a clinic as a trust as a Society under Section 2(c) of the Act.
The ministry of health and family welfare in response stated that two or more physiotherapists can float a trust and in the event, seven or more physiotherapists join hands, they can float a society, which can own/control/manage a clinical establishment in the name of the trust or society.
The learned counsel for Union of India further clarified at the Court that a single physiotherapist can attend to patients either by visiting their residences or in his/her own office or residence, but he/she cannot manage a clinical establishment in his/her own name.
In an order on January 24, 2023, a division bench comprising Justice Manmohan and Justice Saurabh Banerjee said that the Court is of the prima facie view that there is a contradiction in the response.
“This Court finds it a bit incongruous that two or more physiotherapists can form a society/trust which can own/control/manage a clinical establishment but a single physiotherapist cannot own/control/manage a clinical establishment in his/her own name,” said the Court, directing the secretary to the ministry to examine the aspect.
Later, the Ministry informed the Court that a meeting of the NCCE held on March 16, 2023 has discussed the issue and expressed its view that an amendment is necessary in the CE (Registration and Regulation) Act, 2010.
The Court, in an order on July 11, 2023, said that since a decision has been taken to amend the Act, the Court is of the view that the same needs to be expedited.
A sub-committee of experts was constituted under the chairpersonship of Dr. Jitendra Prasad from the Directorate General of Health Services for resolving the issue of inclusion of Physiotherapists under the ambit of the Clinical Establishments (Registration and Regulation) Act, 2010, informed the Union of India, according to an order on October 17, 2023.
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