Sunday, January 20, 2008

WHY TO OPPOSE AND ITS CHANGES

The Indian Association of Physiotherapists (Regd).

We the Members of Indian Association of Physiotherapists wish to submit the following corrections in the proposed “Para Medical and Physiotherapy Councils Bill – 2007”.
Date: 7th January 2008

S.No
Changes
Clause
Existing
Proposed Corrections
Reason for Correction
1.

Definition:

Chapter 1: Preliminary: Clause –2, Sub Clause ‘o’

"Physiotherapy" means medically directed therapy through physical agents including heat, cold, light, water, massage, electricity or manual exercises to persons with the aim of preventing or correcting any disability and includes occupational therapy
May choose either one of the followings.

1) Definition of Physiotherapy in the “Delhi Council for Physiotherapy and Occupational Therapy Act, 1997”

2) Definition of Physiotherapy in the “Maharashtra State Council for Occupational therapy and physiotherapy- Maharashtra Act Number ii of 2004”.

3) Physiotherapy means physiotherapeutic system of medicine where physical agents like heat, cold, light, water, electricity and exercises including mobilization and manipulation, are used as treatment modalities, which have a diagnostic, prognostic, preventive and rehabilitative dimension in treatment of disease, disorder or disability.




For identity of Physiotherapy profession
2.

Formation of Council:

chapter-I, clause-3 sub clause- 1


It is proposed to have a combined professionals called for “Physiotherapists and Occupational therapists” mixed in a single council/register.


Another sub Section ‘d’ has to be added named
“Occupational Therapy Central Council”
as there is provision in the proposed bill to establish more councils.


Heterogeneous professions should not be clubbed together under one register/ Council.
3.

Head of the Council

Chapter II

THE CENTRAL COUNCILS AND THEIR COMMITTEES
Clause 3- Sub Clause 4- Sub Section (a) and (b) & i, j, k, l


(a) The Chairperson, to be appointed by the Central Government from amongst the members of the concerned Central Council;

(b) The Vice-Chairperson, to be appointed by the Central Government from amongst the members of the concerned Central Council.

(i, j, k, l) 4 Members each appointed in the Council from Teachers , Physiotherapy Institutes, Hospitals in the field of Physiotherapy


a) a) & b) “ Chairman, Vice Chairman and Members should be nominated from one among the members who’s name appear in the registry of Physiotherapy/ Who is eligible to register in the Physiotherapy Council Register/ Physiotherapists only.”



“Members who’s name appear in the registry of Physiotherapy/ Who is eligible to register in the Physiotherapy Council Register /Physiotherapists only.”


Respective professional should be heading the Council

4.
Election Procedures for Chairman, Vice Chairman
& Council members.
Chapter II
Clause 4- Sub Clause- a, b, i, j, k, l

Regarding Elections procedure for council members. This does not exist in the proposed Council Bill.

The period of the first nominated Council members is mentioned as “Five Years”.
The first nominated Committee’s period has to be defined (should not exceed more than “Three years”) and an Election procedure for electing Subsequent Council Chairman, Vice Chairman and other Council Members has to be incorporated as like MCI, DCI, Pharmacy and Nursing Councils..
Respective professional should represent in the Council and equal opportunity to choose their representatives



Dr.B.S. Desikamani (PT)
Gen Secretary-IAP

Definition option- 1


(Definition for Physiotherapy in “THE DELHI COUNCIL FOR PHYSIOTHERAPY AND OCCUPATIONAL THERAPY ACT, 1997”

A)”Physiotherapy” means physiotherapeutic system of medicine which includes examination, treatment, advice and instructions to any person preparatory to or for the purpose of or in connection with movement dysfunction, bodily malfunction, physical disorder, disability, healing and pain from trauma and disease, physical and mental conditions using physical agents including exercise, mobilization, manipulation, mechanical and electrotherapy, activity and devices or diagnosis, treatment and prevention.

Definition option- 2


Definition for Physiotherapy in “THE MAHARASTRA STATE COUNCIL FOR OCCUPATIONAL THERAPY AND PHYSIOTHERAPY- MAHARASTRA ACT NUMBER II OF 2004”

B) Physiotherapy means a branch of modern medical science, which includes examination, assessment, interpretation, physical diagnosis, planning and execution of treatment and advice to any person for the purpose of preventing, correcting, alleviating and limiting dysfunction, acute and chronic bodily malfunction including life saving measures via chest physiotherapy in the intensive care units, curing physical disorders or disability promoting physical fitness, facilitating healing and pain relief and treatment of physical and psychosomatic disorders through modulating physiological and physical response using physical agent, activities and devices using exercises, mobilization, manipulations, therapeutic ultra-sound, electrical and thermal agents and electrotherapy for diagnosis, treatment and prevention.


Definition option- 3

C) Physiotherapy means physiotherapeutic system of medicine where physical agents like heat, cold, light, water, electricity and exercises including mobilization and manipulation, are used as treatment modalities, which have a diagnostic, prognostic, preventive and rehabilitative dimension in treatment of disease, disorder or disability.

PHYSIOS ITS FOR U ONLY

Ref No: 5061/IAP/GS/06-08
Date: 24 /12/07

To,
Chairman/Members
Parliamentary Committee for Health,
Govt of India. New Delhi

Sir/Madam,

Sub: Physiotherapy Council Bill- introduced in the Parliament- Physiotherapists Certain requests not considered for corrections in the proposed Bill - request memorandum submitted - regarding

We the members of The Indian Association of Physiotherapists (IAP) to solicit help of Chairman and members of the Parliamentary Committee for Health with regard to the proposed “Para Medical and Physiotherapy Councils Bill-2007 that was introduced in the parliament for approval during the winter Session of the Lok Sabha on 4th December 2007 and submit our humble request to certain corrections in the proposed bill.

“PHYSIOTHERAPISTS” are considered as an important member of the Health care Professionals all over the World. Based on this, in countries like U.K, & U.S.A, CANADA, AUSTRALIA physiotherapists are given a regulatory status where one has the independence and autonomy to practice. Other professions are not clubbed together with Physiotherapy Council.



Contd-2
-2-

There are about 250 Colleges of Physiotherapy all over India offering undergraduate (B.P.T) Physiotherapy program with 4 ½ years program and in more than 50 Colleges offering Masters in Physiotherapy (M.P.T) w2ith 2 years duration. Now even PhD in Physiotherapy is offered in Maharashtra, Karnataka& Tamil Nadu. There are about 25,000 to 30,000 qualified graduates in physiotherapy are working/ practicing all over India.

We have specialties in Physiotherapy such as

1) Physiotherapy in Cardio Respiratory Conditions
2) Physiotherapy in Neurology/Neuro Surgery
3) Physiotherapy in Orthopedics
4) Physiotherapy in Hand Rehabilitation
3) Physiotherapy in Community Medicine
4) Physiotherapy in Sports
5) Physiotherapy in women’s Health
6) Physiotherapy in Child Health
7) Physiotherapy in Mobilization and Manipulation
8) Physiotherapy Cancer Management

Being one of the largest Health care Professional, We the members of “THE INDIAN ASSOCIATION OF PHYSIOTHERAPIST’ appeal to Honorable Chairman and members of Parliamentary Committee for Health to get us an “INDEPENDENT COUNCIL FOR PHYSIOTHERAPIST”

POINTS OF OUR CONCERN:

Change No: 1:

DEFINITION: Chapter-I, Clause-2 Sub Clause- ‘o’

The suggested definition is limited in content. The scope of practice is not clearly defined. Proposed Definition in the bill is

"Physiotherapy" means medically directed therapy through physical agents including heat, cold, light, water, massage, electricity or manual exercises to persons with the aim of preventing or correcting any disability and includes occupational therapy


Contd-3




-3-

The word “MEDICALLY DIRECTED” in the definition for Physiotherapy in the proposed Bill will reduce the scope of Independency of Physiotherapists in decision making during the course of clinical practice. This word needs to be deleted from the Definition.

The proposed council will be loaded with the professionals having acrimonious views on the physiotherapy who will leave no stone unturned to bring the profession 50 years back. Rather then serving the interest of millions of patients who are suffering because of the lack of proper physiotherapy services the proposed seems to serve the handful of professionals who are placed in higher hierarchical position within the health Department. Since last 30 years people are misguiding the government and the country about the physiotherapy profession just to maintain their hegemonic control. Please note that Physiotherapy graduated under go 4 ½ years of intensive full time training in both Clinical and hospital set up and skilled to handle all verities of patients including Intensive Care Units and Post operative wards. The term medically directed insults the trained experts in this field.

At the same time if you kindly look at the definition of “Occupational Therapy” who are classified under Physiotherapists in the proposed bill is

Please refer Chapter 1: Preliminary: Clause –2, Sub Clause ‘k’

(k) "Occupational therapy" means medically directed application of diagnosis, or treatment, or both, of persons with the aim of preventing disability and maintaining health.

This is very evident to prove that there is a large discrimination and injustice is shown in the definition it self.

Hence we appeal to the Chairman and Members of the Parliamentary Committee to define Physiotherapy as “System of Medicine”.

The suggested definition is limited in content. The scope of Physiotherapy practice is not clearly defined. We suggest either one of these definitions that was approved by the state assembly and law sate law department.


Contd-4



-4-
(According to THE DELHI COUNCIL FOR PHYSIOTHERAPY AND OCCUPATIONAL THERAPY ACT, 1997)
A)”Physiotherapy” means physiotherapeutic system of medicine which includes examination, treatment, advice and instructions to any person preparatory to or for the purpose of or in connection with movement dysfunction, bodily malfunction, physical disorder, disability, healing and pain from trauma and disease, physical and mental conditions using physical agents including exercise, mobilization, manipulation, mechanical and electrotherapy, activity and devices or diagnosis, treatment and prevention.

(According to THE MAHARASTRA STATE COUNCIL FOR OCCUPATIONAL THERAPY AND PHYSIOTHERAPY- MAHARASTRA ACT NUMBER II OF 2004)
B) Physiotherapy means a branch of modern medical science, which includes examination, assessment, interpretation, physical diagnosis, planning and execution of treatment and advice to any person for the purpose of preventing, correcting, alleviating and limiting dysfunction, acute and chronic bodily malfunction including life saving measures via chest physiotherapy in the intensive care units, curing physical disorders or disability promoting physical fitness, facilitating healing and pain relief and treatment of physical and psychosomatic disorders through modulating physiological and physical response using physical agent, activities and devices using exercises, mobilization, manipulations, therapeutic ultra-sound, electrical and thermal agents and electrotherapy for diagnosis, treatment and prevention.

We earnestly appeal to the honorable members of the Committee to consider one of the above definitions for better growth of Physiotherapy profession.

Change No: 2

FORMATION OF COUNCIL: Chapter-I, Clause-2 Sub Clause- ‘k’ ‘n’ & o’

It is proposed to have a combined professionals called for “Physiotherapists and Occupational therapists” mixed in a single council.

Please refer the statement made by our Honorable Minister for State Health, Govt of India “Shrimathi. Panapaga Lakshmi” has reported in the parliament during the question hours “Physiotherapy and occupational Therapy are two different Professions”.


Contd-5
-5-

If this is clearly with Govt of India why there is deliberate mixing to “Physiotherapy and Occupational Therapy” two different professions into single Council?

Suggestion: We would suggest:

Chapter II, Clause- 3, Sub Clause ‘1’
An independent council for Physiotherapy as proposed by Govt named

Sub Section- (a) “Physiotherapy Central Council”

and a separate council for Occupational therapy to be added as

Sub Section (d) “Occupational Therapy Central Council”

respectively is desirable as there is provision in the proposed bill to establish more councils.

Change No: 3

HEAD OF THE COUNCIL

CHAPTER II: THE CENTRAL COUNCILS AND THEIR COMMITTEES

Clause 3- Sub Clause 4- Sub Section ‘a’, ‘b’, ‘I’, ‘j’, ‘k’ and ‘l’

(a) The Chairperson, to be appointed by the Central Government from amongst the members of the concerned Central Council;

(b) The Vice-Chairperson, to be appointed by the Central Government from
amongst the members of the concerned Central Council.

The members appointed in the Council under these sections mentioned as four members each from “Teachers of the recognized Institutes are imparting education in Physiotherapy” and “Practitioners in Physiotherapy” from Institutes and Hospitals and from the field of Physiotherapy.This appears very vague and may give room for vested interest bureaucrats to occupy our place. Hence it is desirable to add

“ Chairman, Vice Chairman and Members should be nominated from one among
the members who’s name appear in the registry of Physiotherapy/Who is eligible to
register in the Physiotherapy Council Register/Physiotherapists only.”

Contd-6

-6-
Change No: 4

ELECTION PROCEDURES FOR CHAIRMAN, VICE CHAIRMAN & COUNCIL MEMBERS.

CHAPTER II: THE CENTRAL COUNCILS AND THEIR COMMITTEES

Clause 3- Sub Clause 4- Sub Section a, b, i, j, k, l

Regarding Elections procedure for the Post of Chairman, Vice Chairman and Council Members from the respective Councils is not mentioned in the Bill. Normally the first nominated Council Members will hold the office for a short term (Two to three years) till the Council office establish and members started enrolled as members in the Council Register This does not exist more than two to three years. Where as the period of the nominated Council members in the proposed Council Bill, has been mentioned as “Five years” which is once again a too long period.

Hence we appeal to change the period of first nominated council members as “two to three years” instead of “Five years” and incorporate “Election Procedure” and period of Elected Council members as like Medical Council of India, Dental Council of India, Pharmacy and Nursing Council of India in the proposed Council Bill.

We once again express our sincere thanks to Ministry of Health, Govt of India and Chairman, Members of the Parliamentary Committee for Health, Govt of India for rendering your valuable time for hearing our reservations in the proposed “Para Medical and Physiotherapy Councils Bill” and we sincerely appeal taking valuable consideration of the above proposed changes and incorporate in the proposed Physiotherapy Council Bill to assist in the growth and regulate the Physiotherapy profession in India.

We humbly put forth that the above requested changes will surly enable this field of Physiotherapy science to highest level to serve the neediest suffering people.

Thanking You,

Yours sincerely,



(B.S. DESIKAMANI)
Hon General Secretary- IAP
For members of Indian Association of Physiotherapists.