Court affirms that these professionals can use the prefix 'Dr' and provide specific healthcare services, but not prescribe allopathic medicines.
In a landmark judgment delivered on January 22, 2026, the Kerala High Court upheld the provisions of the National Commission for Allied and Healthcare Professions Act, 2021 (NCAHP Act), affirming the rights of physiotherapists and occupational therapists to provide certain healthcare services and use the prefix 'Dr'. The judgment came in response to petitions filed by the Indian Medical Association's Kerala State Branch and others, challenging the Act's provisions that allow these professionals to operate autonomously in their respective fields.
The petitioners argued that the competencies and status granted to physiotherapists and occupational therapists under the NCAHP Act conflict with the National Medical Commission Act, 2019 (NMC Act), which regulates the practice of modern medicine. They contended that these professionals should only function as support to qualified medical doctors and should not be allowed to use the title 'Doctor', which they claimed could mislead the public into believing that these professionals are qualified medical practitioners.
Presiding over the case, Justice V.G. Arun dismissed the petitions, emphasizing that the NCAHP Act, enacted after thorough deliberations, provides a distinct but complementary role for these professionals. The Act does not allow them to prescribe medicines or engage in allopathic treatment, but it does recognize their ability to provide preventive, curative, rehabilitative, therapeutic, and promotional health services. The court noted that the healthcare professionals undergo extensive training and are awarded degrees under the Act, allowing them to operate autonomously within their domain.
Addressing the contentious issue of the use of the prefix 'Dr', the court clarified that the term is not exclusively reserved for medical practitioners. Historically, 'Doctor' was an academic title for learned individuals in various disciplines, and its association with medical practitioners evolved over time. The court found no statutory provision in the NMC Act or other allied laws granting exclusive rights to medical doctors to use this title.
The judgment also pointed out that the NCAHP Act has overriding provisions, as outlined in Section 64, which take precedence over conflicting provisions in prior acts. Moreover, the Act was legislated with input from the National Medical Commission, ensuring it aligns with broader healthcare regulatory frameworks.
In dismissing the petitions, the court underscored the importance of not interfering with legislative policy decisions, especially when they are the product of comprehensive parliamentary processes. The decision is seen as a significant affirmation of the evolving role of allied healthcare professionals in India's healthcare ecosystem.
Bottom Line:
Physiotherapists and Occupational Therapists are entitled to provide preventive, curative, rehabilitative, therapeutic and promotional health services under the National Commission for Allied and Healthcare Professions Act, 2021 - The Act does not confer them the right to prescribe medicines or provide allopathic treatment - The title 'Doctor' is not exclusively reserved for medical professionals and can be used by those with higher educational qualifications or relevant degrees under the NCAHP Act.
Statutory provision(s): National Commission for Allied and Healthcare Professions Act, 2021; National Medical Commission Act, 2019; Kerala State Medical Practitioners Act, 2021.
Indian Medical Association v. Union of India, (Kerala) : Law Finder Doc Id # 2843562
