IMA NOTES ON THE ISSUE OF PHYSIOTHERAPISTS

Transcription

1 IMA NOTES ON THE ISSUE OF PHYSIOTHERAPISTS Few points The physiotherapist all over India and in the state of Kerala is defined as a Rehabilitation professional under section 2 (i) [n] (xvii) of the Rehabilitation Council of India Act-1992 which came into effect all over India with effect from In section 13(2) of the rehabilitation Council of India Act-1992 mandates that no person other than a rehabilitation professional who possess a recognized rehabilitation qualification and enrolled in the register shall practice as a rehabilitation professional any where in India. Thus for a physiotherapist to carry out his occupation as physiotherapist, it is mandatory that the physiotherapist should possess a registration with the rehabilitation council of India, or else as per section 13(3) the said physiotherapist without registration with Rehabilitation Council of India shall be punished with imprisonment for a term which may extent to one year or with fine which may extent to Rs.1,000/- or with both. For any person to treat a patient and practice medicine he should be having registration with medical council of India or its State Medical council to practice the system of medicine, or a registration with the Indian Medical Central Council or the respective state councils to practice the system of Ayurveda, Sidha or Unani, or a registration with the Homeopathy Central Council or the respective State councils to practice the system of Homeopathy.. The physiotherapist without registration with any of the medical councils is practicing medicine on their own, claiming to be a specialist medical practitioner and by prefixing the word "Dr" with their name in their prescription, creating an impression on his patient that he is a medical consultant. To run a pain and rehabilitation clinic a person should posses a basic qualification in modern medicine, i.e. M.B.B.S, with the postgraduate degree or diploma in Physical Medicine and Rehabilitation and registration with Travancore Cochin Medical Council. The physiotherapists are running their pain and rehabilitation clinic without any of those requirements and by prefixing the word "Dr" with their name. The physiotherapist are not having any registration with rehabilitation council of India which is mandatory and required for carrying on the profession of a physiotherapist, even if the physiotherapists claim of holding a bachelor degree in physiotherapy succeeds. The physiotherapy being a medically directed therapy used in the system of modern medicine and the respondent administering physiotherapy not under -medical supervision without

2 :2: registration with the Indian Medical Council or the Travancore Cochin Council of modern medicine, the physiotherapists have committed an offence under section 15(3) of the Medical Council of India Act The respondent administering physiotherapy without registration with the rehabilitation council of India has also committed offence under section 13(3) of the Rehabilitation council of India Act The physiotherapist by claiming to be a medical consultant among the general public by prefixing the word Dr with their name and by running a pain and rehabilitation clinic without sufficient registration, has also cheated the general public by faking certificate of an association to be that of a statutory body have also committed an offence under section 336, 417, 418, 419, 425, 469 read with section 471 of Indian Penal Code. The cat of the physiotherapists by running a pain and rehabilitation clinic and treating patients on their own without medical supervision and the required registration with the respective councils is dangerous to the life of the general public. A Physiotherapist affixing Dr. or Doctor with his name is a Quack and can be sued in the Court of Law. Physiotherapists are not doctors and therefore should not be allowed to prefix "Doctor" in front of their name. This is the stern warning issued by the Medical Council of India, the statutory body regulating medical colleges, affiliations, new colleges and doctors registration, after it received representations from several quarters complaining that the rule was being flouted by almost 90 per cent of the physiotherapists working in the capital of India. Physiotherapists cannot affix "Dr." with their name as they are technicians who follow prescribed of doctors and no medication can be prescribed by them. As per the Medical Council of India (MCI)'s stand and as per the Judgments delivered by the Courts in this regard, the Physiotherapist cannot and should not affix "Dr." With their name and if they violate this they can be punished accordingly. In defamation suit filed against a doctor by a Physiotherapist the Court has clearly mentioned that Physiotherapists are technicians who are to follow prescriptions of doctors and no medication can be prescribed by the physiotherapist. Physiotherapy is not a medical qualification. As per the Supreme Court's Judgment passed on medical practice in India, it says that only a registered practitioner in state medical register (MCI) can practice modern system of medicine including prescription of drugs, diagnosis, blood and X-Ray investigations.

3 :3: If Physiotherapists are allowed to affix "Dr." with their name then other paramedics like clinical psychologists, speech therapists, audiologists, orthotists and prosthetics shall have equal rights to affix "Dr." with their name. A Physiotherapist cannot be at par with a doctor having IVIBBS qualification. It is well known fact that most of the medical specialties have paramedical technical staff to assist in the health care delivery like nurses, radiographers, medical lab technicians and so on, physiotherapists are also one of the paramedical personnel who work with medical specialties like orthopedics, physical medicine & rehabilitation, neurology, pediatrics so on. The World Health Organisation in its 2000 report on 'Allied Health (paramedical) Services and Education Report' and in 2003 on 'Health Care Systems in Transition' listed physiotherapists with other Para-medical personnel." Who are the physiotherapists? It is well known fact that most of the medical specialties have paramedical technical staff to assist in the health care delivery like nurses, radiographers, medical lab technicians and so on, physiotherapists are also one of the paramedical personnel who work with medical specialties like orthopedics, physical medicine & rehabilitation, neurology, pediatrics so on. World Health organization in its 2000 report on Allied health (paramedical) services and Education report and in 2003 on Health care systems in transition also listed physiotherapists with other paramedical personnel. In our country also there are diploma and degree courses awarded by various institutions in physiotherapy after 12th pass just like any other paramedical courses like nursing, dieticians, radiography, speech therapy, medical lab technology. Earlier physiotherapists used to register in rehabilitation council of India (RCI) along with other paramedics like clinical psychologists, speech therapists, audiologists, orthotists and prosthetists. After physiotherapists declined to register at RCI, the RCI has started a 4 years course in bachelor in rehabilitation therapy, which is similar to physiotherapy in its content, course duration and even in patient care. What role politicians and bureaucrats are playing in this game? In spite of there is already a first state level paramedical council exists in Madhya Pradesh (Madhya Pradesh Paramedical council-2003), which includes physiotherapists as paramedics along with Radiographers, Lab technicians, speech therapists. All the politicians (prominently from Samajwadi Party, Samata Party, AIADMK) are trying their best to make physiotherapy equalent to MBBS (You can see in parliament website (httpl the questions asked by these party members in parliament). They are now trying to stall the newly introduced bill in parliament "Paramedical and Physiotherapy central council bill -2007". Physiotherapists are

4 :4: claiming there is a separate system of medicine called "Physiotherapeutic system of Medicine". They want a council equal to Medical Council of India with an independent practice. Haveyou ever heard nurse's claiming as nursing system of medicine and an independent practice in India? Even bureaucrats in the health ministry are supporting this illegal move to counter the medical doctors. Historic 1998 Supreme Court's judgment on medical practice in India? When there was a case against Indian system of medicine doctors who used to practice like MBBS doctors, the case was filed in Supreme Court. It took 11 years to get this judgment. The Supreme Court in this Judgment (Civil appeal no. 69/1987) on 13/10/1998 questions question relating not only to the right to practice medical profession but also to the right to life, which includes health and well being of a person. It says the systems of medicines generally prevalent in India are Ayurveda, Sidha, Unani, modern system of medicine (Allopathic) and homeopathic. It also says only registered parishioners in state medical register (MCI) can practice modern system of medicine including prescription of drugs, diagnosis, and blood and x-ray investigations. Like any other paramedical courses (nursing, radiography, lab technicians, speech therapy) in the modern system of medicine, it is well known fact that most of the content in physiotherapy is borrowed from MBBS or MD curriculum and teachers for these courses are medical professionals. After studying for 2 (diploma) to 4 (degree) years, if non-medical qualified personnel like physiotherapists claims he is a' medical personnel by affixing "Dr", what will happen for a qualified doctor who has to undergo vigorous training for a minimum of 9-12 years to become a specialists? If this trend continues what may happen in future? If today physiotherapists claim they are doctors by affixing illegally "Dr" then tomorrow all the hospital staff including nurses, pharmacist, radiographers will also claim as doctors, then who will do the work of physiotherapists, nurses, pharmacist and radiographers. If every non-medical personnel become a doctor, Will it not confuse the patient? Will it not allow more number such kidney rackets? If physiotherapists (diploma and degree holders) are considered at par with MBBS graduates what about the speech therapists, nurses, psychologists, dieticians, radiographers, rehabilitation therapists and various other paramedical personnel who have also done PhD's after undergoing 4-4 1/2 years of training. Will this not create unhealthy environment among doctors and other non-medical professionals? Will it not affect the health care delivery system and general public?

5 Protest and Fight Against this illegal move. :5: Spread this message to all medical doctors and general public. It is reliably learnt that the Indian Association of physiotherapist has managed an Order to move out of the Rehabilitation council of India to faciliatitate the claim of an Independent council to Practice Medicine as medical consultants Thus as it stands legally on today the physiotherapist is not even eligible to be a paramedic, having no registration with any councils and entire responsibility of the negligence of the physiotherapist is on the referring Doctor. The Indian Association of Physiotherapist though only a trust under the trust act, is acting as a statutory body by conducting exams of physiotherapist collecting fees for membership and also approving colleges for courses by collecting huge fees, The funds thus collected are used for achieving their requirements.