Introduced in the Rajya Sabha on december 22 last year, the National Commission of Human Resources for Health Bill (NCHRH), 2011 proposes to subsume the Medical Council of India, Dental Council of India and Pharmacy Council into a National Commission of Human Resources for Health. It provides for trifurcation of regulatory functions of the commission between three separate bodies viz, National Board for Health Education, National Evaluation and Assessment Committee and National Councils with a mandate to prescribe minimum standards for health education, develop and maintain accreditation systems for health education institutes, and inter alia monitor ethical standards of medical professionals. Currently, the Bill is being assessed by the Parliamentary Standing Committee of the Union health ministry.
Adapted excerpts from a summary of the NCHRH Bill authored by Kaushiki Sanyal, Centre for Policy Research, Delhi.
• The Bill establishes a mechanism to determine and regulate standards of health education in the country. It will repeal the Indian Nursing Council Act, 1947; the Pharmacy Act, 1948; the Dentists Act, 1948 and the Indian Medical Council Act, 1956 on a date set by the Central government.
• The Bill proposes an apex-level National Commission of Human Resources for Health (NCHRH), a National Board for Health Education (NBHE), and the National Evaluation and Assessment Committee (NEAC). It also establishes various professional councils at the national and state levels and a NCHRH Fund to meet expenses.
• The NCHRH will determine and maintain minimum standards of human resources in health education. The commission will (a) conduct studies to assess the needs of human resources in states; (b) conduct elections of national councils; (c) provide grants to the NBHE, NEAC and councils, and (d) regulate the entry of foreign institutions in consultation with NBHE and in accordance with any legislation enacted.
• Permission of NCHRH is required to establish a medical education institution. Promoters will have to submit a scheme for the institution to NCHRH which shall give or deny permission based on the recommendation of NEAC. However if a promoter is not informed of a decision within a year of submitting a scheme, the proposal will be deemed to have been approved. NEAC shall evaluate every institution before grant of a license of approval.
• The Central government may appoint national councils such as Medical Council of India, Paramedical Council of India and Nursing Council of India. Every medical practitioner, signatory of medical certificates and/or medical expert competent to testify in a court of law is obliged to be registered in the national or state registers to be maintained by these councils.
• NBHE is mandated to facilitate academic studies and research in emerging areas of health education. It will also conduct a screening test for all practitioners aspiring to enroll in professional councils.
• Indian citizens aspiring to study medicine abroad have to obtain an eligibility certificate from NBHE.
• No graduates of government medical colleges shall leave India for higher study without serving in India for three years, failing which his/her name shall be removed from the register of the appropriate national council. Graduates of private medical colleges proceeding abroad for higher education have to either return to India within three years of completion of study abroad, or inform the appropriate council of their whereabouts. Failure to do so shall be construed as professional misconduct.
• The Bill constitutes a National Commission of Human Resources Health Fund to meet the expenses of NCHRH and related organisations. The Bill also lists penalties for various offences such as running institutions without permission, practicing without enrolment, and enrolment without a screening test.