Important: Physiotherapists legal status
bhupinder chaudhary
I came across an important article. Just have a look at the following issues which are of prime importance to all of us.
Regards,
Bhupinder
Questions:
Are physiotherapists legally entitled to
1) Prefix Dr.before their names?
2)Prescribe radiological tests(ray,scans )etc?
3)comment on Xrays and investigation results?
The question arises in the light of a recent expose by a leading Malayalam News channel ASIANET NEWS ( link http://www.youtube.com/watch?v=uOn3vYUhuDY.(the news item is in Malayalam, showing the inside of a clinic with the physiotherapist examining a patient , with investigation results carrying the name carrying the Dr. prefix as well as comments by Anti quackery committee Chairman of the IMA Kerala and the spokesperson of the Physiotherapists.
The Physiotherapists have to date their own councils in only 3 states. In Kerala they are not registered in any councils.
Is there any court verdict in any state of India justifying their right to Dr. prefix?
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| Answers to the questions are : 1. No, a physiotherapist is not entitled to use the prefix Dr (as he is not a doctor ), unless he has a PhD degree. In fact use of the prefix Dr by a physiotherapist is a violation of section 6 of the Indian Medical Degrees Act 1916 , which is a punishable offense ( fine of Rs 250 on first offense and Rs 500 on subsequent offense). WHO also, has listed physiotherapy as allied health ( paramedical ) service. In India, the Paramedical and Physiotherapy Central Council Bill, 2007, also treats them at par with paramedicals. 2. A physiotherapist is not authorised to prescribe or comment on any tests or prescribe any allopathic medicines because he has neither the qualifications nor competence for that. 3. It is nothing unusual to find a physiotherapist using this prefix. There are plenty in Delhi and other states doing so because non of doctors / hospital adminstrators ever bother to check them. in fact some of the hospitals are encouraging it directly or indirectly. MCI , as usual, continues to be a silent spectator. The only recourse in these cases is to report the matter (with proof) and have some of the defaulters actually punished so as to act as a deterrent for others. By the way the punishments are very light and hardly a deterrent.or -Dr S K Joshi MBBS MHA DNB QMAHO Author : Law and The Practice of Medicine |
kalyan reddy
Dr. L.Kalyan Viswanath Reddy
Asst.Prof, Dept. of Hospital Management,
Hemchandracharya North Gujarat University,
Patan - 384265, Gujarat
email: kalya...@yahoo.com or kalya...@gmail.com or visu...@yahoo.co.in
Web link: http://www.ngu.ac.in/department/hosp_mgmt/Ourteam.html
a. k.
Dear All,
Physiotherapists want govt to reconsider its stand that they are not doctors
CHENNAI: Seeking to put an end to a long-standing debate between physicians and physiotherapists about whether the latter are qualified doctors and can use the 'Dr' prefix, the government had come out with an order in September stating that physiotherapists are not eligible to call themselves doctors.
The government order issued by the health department, detailing the constitution and composition of the Tamil Nadu State Council for Physiotherapy, its powers and functions, mode of election and meeting of the council, defines a physiotherapist "as a person who possesses recognised physiotherapy education and whose name has been entered in the register of physiotherapy council." "He shall not use Dr' before his name and prescribe drugs," the order states.
While several associations of doctors, including the Indian Medical Association and the Tamil Nadu State Medical Council, thanked the state government, the Indian Association of Physiotherpists last week urged the state government to reconsider its decision and even threatened to move the court.
Source: TOI
Govt in a fix over the doctor prefix
CHENNAI: Are physiotherapists doctors? For several decades, healthcare professionals have debated on the subject. With concerned authorities refusing to take a stand, the debate has only grown more strident.
Upping the ante is a recent Tamil Nadu government order, prohibiting physiotherapists from using the title Dr' before their names. Protesting physiotherapists have appealed to the state health department to hold the order in abeyance until the matter is settled by the Supreme Court. The apex court, meanwhile, is hearing a special leave petition against an order of the Patna high court holding that there is no specific legal prohibition against physiotherapists using the Dr' title.
"There was no clarity on the issue; neither was there any rule for or against anyone at the national or state level," says state health secretary V K Subburaj. Senior health department officials point to theWorld Health Organisation (WHO) report on Allied Health (Paramedical) Services and Education Report' which lists physiotherapists with other paramedical personnel. SOURCE: TOI
3.
| Tamil Nadu: Prefix war | ||||
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In the southern sea-board state of Tamil Nadu (pop.62.1 million), a long-standing argument between physicians and physiotherapists over the use of the prefix ‘Dr’ by physiotherapists has intensified, following a state government order (GO) issued last September disqualifying physiotherapists from using this prestigious prefix. The GO issued by the health department announced a new Tamil Nadu State Council for Physiotherapists, and outlined its powers and functions. Moreover it defined a physiotherapist as “a person who possesses recognised physiotherapy education and whose name has been entered in the register of the physiotherapy council”. However the latest GO expli-citly states that “he shall not use ‘Dr’ before his name and prescribe drugs”. While several associations of doctors, including the Indian Medical Association and the Tamil Nadu State Medical Council, have welcomed the September GO, the Indian Association of Physiotherapists (IAP, estb. 1956), which has its registered office in Mumbai and claims a membership of 26,000 in India and 6,000 in Tamil Nadu, while welcoming the newly established governing council, has strongly protested the clause prohibiting qualified physios from using the Dr. prefix. IAP has appealed to the state health department to reconsider its decision and has threatened to move the high court.
However Tamil Nadu’s mainstream medical practitioners argue that they are obliged to study medicine for a minimum period of five years as against four-and-half-years for physios, and as such should be differently categorised. “Physiotherapists work under the supervision of doctors such as orthopaedics, physiatrists, neurologists and paediatricians. They are not authorised to prescribe scheduled drugs to patients as they don’t know how to counter side effects. They are only trained to provide rehabilitation services. When other paramedical personnel are content with their status, why are physiotherapists making such a hue and cry? We believe a doctor should have a distinct identity, as we face a huge problem of quackery in the state with traditional medical practitioners also using the prefix,” says Dr. K. Prakasam, president of the Tamil Nadu State Medical Council. Yet, while acknowledging the difference between fully-qualified medical practitioners and physiotherapists, the latter argue that it is not within the purview of the Medical Council of India or any other council to define the status of doctors. According to them the honorific ‘doctor’ is not mentioned even in MBBS certificates, or any other undergraduate medical degree. Hence, after completing a four-and-a-half-year degree course in physiotherapy and a six-month internship, they are also entitled to use the ‘Dr’ prefix. “The use of the prefix inspires confidence within the public,” says an IAP spokesperson. But with mainstream medical practitioners insistent upon regarding physiotherapists as technicians under their supervision, rather than fellow professionals, the fracture in the medical profession of this caste and hierarchy obsessed southern state which likes to project itself as modern and liberal, will take more time to heal. |
“The main problem is that doctors of other specialties are unable to come to terms with the fact that our specialisation has experienced tremendous growth over the past few years and patients consult us directly, instead of being referred by other medical practitioners. Physiotherapists across India use the Dr. prefix without opposition. Only medical practitioners in Tamil Nadu seem to be feeling insecure,” says Dr. Ali Irani, president of IAP and head of the department of physiotherapy and sports medicine at the Dr. Balabhai Nanavati Hospital, Mumbai, who was also the Indian cricket team’s physiotherapist for a decade from 1987-97.Hemalatha Raghupathi (Chennai) | ||||
Thanking you.
With Warm Regards,
Sincerely,
Dr.Ankur K. Mehta,
Asst. Medical Administrator,
Sterling Hospitals Pvt. Ltd..
+91 93 746 10007
bhupinder chaudhary
Without any offense to anyone, I'd request u to first check the credentials of Dr. S.K. Joshi. He's a Quality practitioner since the last many years and students of Hospital Management throughout the country, refer books authored by him.
Qualification:
- MBBS, MHA, DNB, QMAHO,
- Certified Assessor for NABH Accreditation of Healthcare Organisations
Experience:38 years
Designation :
- Consultant Hospital Planning and Management,
- Quality Management and Accreditation of Hospitals
But if there's still any doubt, I think the following article by another eminent authority can solve all the queries. Please check the credentials and present professional standing of this person, Dr. M.C. Gupta.
Also, anyone can contact him for any clarification or query, through his email mentioned below.
Regards,
Bhupinder
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Can a physiotherapist use the prefix “Dr.” before his name? Can he prescribe medicines?
QUESTION—The name plate outside a physiotherapist’s room in a government hospital proclaims him as “Dr. XYZ”. Some physiotherapists are even prescribing drugs to the patients in government hospitals. Is it correct? What action can a doctor take against this?
ANSWER—It is not correct.
1—A person can use the prefix “Dr.” before his name only if he has a PhD degree or a medical degree. In the absence of these, a physiotherapist cannot legally use the prefix “Dr.” Such practice amounts to misrepresentation by the hospital and the physiotherapist.
2—A reading of the Delhi Council for Physiotherapy and Occupational Therapy Act, 1997, reveals that there is nothing in the Act to imply that those registered under the Act may use the prefix “Dr.”
http://www.lawsofindia.org/pdf/delhi/1997/1997Delhi7.pdf
3--- In addition, the Chairman, Delhi Council for Physiotherapy and Occupational Therapy, has also stated that: “As per the Council’s Act there is no provision as of now allowing physiotherapists to use the title ‘Doctor’ but a discussion on the matter is currently on.” This can be seen at the link given below—
https://mail.google.com/mail/?hl=en&shva=1#search/physio/1267127bda20d7bb
4—I may state that I am not aware of any pending litigation in this regard as of now. In any case, a pending litigation does not alter the above picture unless the court has granted a stay in favour of the physiotherapists. That does not appear to be the case.
5--On 25-11-2003, the Ministry of Health and Family Welfare, Government of India issued an order wherein it was clarified who all can use the prefix “Dr.” before their names. This letter does not so permit physiotherapists. The permission is available only for modern medicine and the already recognized traditional systems of medicines, viz. Ayurveda, Siddha, Unani, Homeopathy and Yoga & Naturopathy. The full text of the
letter can be seen at
http://164.100.24.208/lsq14/quest.asp?qref=63774
It may be stated that the GOI order dated 25-11-2003 was issued pursuant to the writ in the Delhi High Court bearing no. CWP 4015/1996.
6—On 25th August, 2008, the Executive Committee of the MCI issued a letter No.MCI-5(3)/2008-Med./ dated 25th August, 2008. This letter referred to the Indian Medical Degrees Act, 1916, and stated that “wherever any person found to be using the title of ‘Doctor’ as a prefix when such a person is holding a qualification in physiotherapy but not possessing any recognized medical qualification, he would be violating the provisions of Act of 1916 and as such he would expose himself for necessary action by filing or requiring the filing of a complaint in accordance with Section 7 of the 1916 Act for violation of Sections 6 and 6A of the extent applicable. “
The full text of the letter can be seen at
https://mail.google.com/mail/?hl=en&shva=1#search/physio/1267127bda20d7bb
7—On 9-9-2009, the Government of Tamil Nadu Health and Family Welfare (Z1) Department issued an Annexure dated 9-9-2009 to the G.O. (Ms) No.338 Health and Family Welfare Department, dated 16.10.2008, wherein it was stated that in reference to Tamil Nadu State Council for Physiotherapy:
"Physiotherapist means a person who possesses recognized physiotherapy education and whose name has been entered in the Register of Physiotherapy Council. He shall not use “Dr.” before his name and prescribe drugs”.
This may be viewed at--
http://iapchennai.org/annexure.php
8—A doctor can take the following actions in this regard:
a—He can make a written complaint to the appropriate government authorities against this illegality.
b—If the hospital is covered under Consumer protection Act, he can get some patient to file a complaint under the Consumer Protection Act, 1986.
c—He can file a complaint with the medical council.
d—Complain to police can also be made.
e—Writ in the High Court can also be filed as per legal advice.
---M C Gupta
MBBS & MD (Medicine), AIIMS; MPH (San Carlos Univ.)
LL.B. (Delhi); LL.M. (Kurukshetra)
Post-Doctoral Fellow (United Nations Univ.)
Fellow: National Foundation of Clinical Forensic Medicine
Member, Indian Law Institute
Member, Supreme Court Bar Association
Awardee: National Citizen Award, 1991
Awardee: Annual Oration Award 2011, Indian Association of Medico-legal Experts
Ex-Additional Professor, AIIMS
Ex-Professor and Dean, NIHFW
Practicing advocate, (Delhi Bar Council no. 857/2001)
www.writing.com/authors/mcgupta44
2 May 2011
--
(Ex)Prof. M C Gupta
MD (Medicine), MPH, LL.M.,
Advocate & Medico-legal Consultant
www.writing.com/authors/mcgupta44
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pradhyumansinh rathod
Physiotherapist can write Doctor: IAP
Regards
Dr. Pradhyumansinh Rathod,
Assistant Partner
Hospital Relation
108 GVK EMRI, Gujarat
Cell:- 99741-05103
