NATIONAL HEALTH ACT, 2014 EXPLANATORY MEMORANDUM
NATIONAL HEALTH ACT, 2014
EXPLANATORY MEMORANDUM
This Act provides a framework for the regulation, development and
management of a health system and sets standards for rendering
health services in Nigeria.
NATIONAL HEALTH ACT, 2014
ARRANGEMENT OF SECTIONS
SECTION:
PART I - RESPONSIBILITY FOR HEALTH AND ELIGIBILITY FOR
HEALTH SERVICES AND ESTABLISHMENT OF NATIONAL HEALTH
SYSTEM
Establishment of the National Health System
Functions of the Federal Ministry of Health
Eligibility for exemption from payment for health services in public health
establishments
Establishment and Composition of the National Council on Health
Functions of the National Council
Establishment and composition of the technical committee of the
National Council
Functions of the Technical Committee
Conduct of the Proceedings of the Technical Committee
Establishment of the National Tertiary Health institutions
Standards Committee
Function of the Committee
Establishment of Basic Health Care Provision Fund
PART II - HEALTH ESTABLISHMENTS AND TECHNOLOGIES
Classification of health establishment and technologies
Certificate of Standards
Offences and penalties in respect of Certificate of standards
Provision of health services-m-public health establishments
Health services at non-health establishments and at public health establishment other
than hospitals
Referral from one health establishment to another
Relationship between public and private health establishments
Evaluating services of health establishments
PART III-RIGHTS AND OBLIGATIONS OF USERS AND HEALTH CARE
PERSONNEL
Emergency treatment
Rights of health care personnel
Indemnity of the healthcare provider, officer or employee of a
healthcare establishment
User to have full knowledge
Duty to disseminate information
Obligation to keep record
Confidentiality
Access to health records
Access to health records by
health care provider
Protection of health records
Laying of complaints
PART IV - NATIONAL HEALTH RESEARCH AND INFORMATION SYSTEM
Establishment, composition and tenure of National Health Research
Committee
Research or experimentation with human subject
Establishment, composition, function and tenure of National Health Research
Ethics Committee
Establishment and function of health research ethics committee
Coordination of National Health Management Information System (NHMIS)
Duties of the FCT as regards health information
Duties of FCT Area Councils
Duties of private healthcare providers
National drugs formulary and essential drugs list and safety of drugs and
food supply
National Health Insurance Scheme
PART V - HUMAN RESOURCES FOR HEALTH
Development and Provision of human resources in national health system
Appropriate distribution of health care providers
Regulations relating to management of human resources in the health system
Training institutions
Industrial dispute
Medical treatment abroad
PART VI - CONTROL OF USE OF BLOOD, BLOOD PRODUCTS, TISSUE
AND GAMETES IN HUMANS
Establishment of National Blood Transfusion Services
Removal of tissue, blood or blood products from living persons
Use of tissue, blood or blood products removed or withdrawn from living persons
Prohibition of reproductive, therapeutic cloning of human kind
Removal and transplantation of human tissue in hospital
Removal, use or transplantation of tissue and administering of blood and blood
products by medical practitioner or dentist
Payment in connection with the importation, acquisition or supply of tissue, blood
or blood product
Allocation and use of human organs
Donation of human bodies and tissue of deceased persons
Purposes of donation of body, tissue etc.
Procedure for revocation of any donation
Post mortem examination of bodies
PART VII - REGULATIONS AND MISCELLANEOUS PROVISIONS
Regulations
Powers of Minister to appoint Committees
National Consultative Health Forum
Assignment of duties and delegation of
powers
Savings and transitional provisions
Interpretation
Citation
NATIONAL HEALTH ACT, 2014
A Bill
For
An Act to provide a framework for the regulation, development and
management of a national health system and set standards for
rendering health services in the federation; and for related
matters,
[ ]
ENACTED by the National Assembly of the Federal Republic of Nigeria:
PART 1 - RESPONSIBILITY FOR HEALTH AND ELIGIBILITY
FOR HEALTH SERVICES AND ESTABLISH1\1ENT OF
NATIONAL HEALTH SYSTEM·
(1) There is established for the Federation the National Health
System, which shall define and provide a framework for
standards and regulation of health services, without prejudice to
extant professional regulatory laws and which shall -
(a) encompass public and private providers of health services;
(b) promote a spirit of cooperation and shared responsibility
among all providers of health services in the Federation and
. any part thereof; -
(c) provide for persons living in Nigeria the best possible
health services within the limits of available resources;
(d) Set out the rights and obligations of health care providers,
health workers, health establishments and users; and
(e) protect, promote and fulfil the rights of the people of
Nigeria to have access to health care services.
(2) The National Health System shall include:
Commencement
Establishment of the National Health System.
a) the Federal Ministry of Health;
(b) the Ministry of Health in every State and the Federal
Capital
Territory Department responsible for Health;
( c) parastatals under the federal and state ministries of health;
(d) all local government health authorities;
(e) the ward health committees;
(f) the village health committees;
(g) the private health care providers;
(h) traditional health care providers; and
(i) alternative healthcare providers.
(1) The Federal Ministry of Health shall -
(a) ensure the development of national health policy and Issue guidelines for its implementation;
(b) collaborate with the states and local governments to ensure that
appropriate mechanisms are set up for the implementation of
national health policy; "
( c) collaborate with national health departments in other countries
and international agencies;
(d) promote adherence to norms and standards for the training of
human resources for health;
( e) ensure the continuous monitoring, evaluation and analysis of
health status and performance of the functions of all aspects of
the National Health System; (f) co-ordinate health and medical services delivery during national
disasters;
Functions of the Federal
Ministry of Health.
(g) participate in inter-sectoral and inter-ministerial collaboration;
(h) conduct and facilitate health systems research in the
planning,
evaluation and management of health services;
(i) ensure the provision of tertiary and specialized hospital
services;
j) ensure and promote the provision of Quarantine and Port
Health Services;
(k) determine the minimum data required to monitor the status
and
use of resources;
(l) promote availability of good quality, safe and affordable
essential drugs, medical commodities, hygienic food and
water; and
(m) issue guidelines and ensure the continuous monitoring,
analysis and good use of drugs and poisons including
medicines and medical devices.
(2) Without prejudice to the foregoing functions, the Federal
Ministry of Health shall:
(a) prepare strategic, medium term health and human
resources
plans annually for the exercise of its powers and the
performance of its duties under this Act;
(b) ensure that the national health plans referred to in
paragraph (a) of this subsection shall form the basis of:
(i) the annual budget proposal as required by the
Federal Ministry of Finance, and
(ii) other governmental planning exercises as may be
required by any other law;
( c) ensure that the national health plans shall comply with
national health policy; and
(d) ensure the preparation and presentation of an annual report of
the state of health of Nigerians and the National Health
System to the President and the National Assembly.
(3) The Federal Ministry of Health shall, where necessary, provide to
State Ministries of Health-
(a) technical assistance in the development of state health
policies and plans;
(b) commodities and technical materials, including
methodologies, policies and standards for use in
programme implementation including monitoring and
evaluation; and
( c) other technical assistance as may be necessary.
(4) The Minister shall supervise the departments and parastatals of
the Ministry to enable him carry out the functions assigned to the
Ministry by this or any other Act. (1) The Minister, in consultation with the National Council on
Health, may prescribe conditions subject to which categories of persons may be eligible for exemption from payment for health care services at public health establishments.
2) In prescribing any condition under subsection (1), the Minister shall
have regard to:
(a) the range of exempt health services currently available;
(b) the categories of persons already receiving exemption from
payment for health services;
( c) the impact of any such condition on access to health services;
and
(d) the needs of vulnerable groups such as women, children, older persons and persons with disabilities.
Eligibility for exemption
from payment for health
services in public
health establishments.
(3) Without prejudice to the prescription by the Minister in section 3(1)
of this Act, all Nigerians shall be entitled to basic minimum
package of health services.
(1) There is established the National Council on Health (in this Act
referred to as "the National Council" ) which shall consist of:
(a) the Minister, who shall be the Chairman;
(b) the Minister of State for Health, if any;
( c) the Commissioners responsible for matters relating to
Health in the States of the Federation; and
(d) the Secretary responsible for Health in the Federal
Capital Territory, Abuja.
(2) The Permanent Secretary of the Federal Ministry of Health shall
be the Secretary to the National Council.
(3) The National Council shall meet at least once in a year.
(4) The National Council shall have powers to regulate its proceedings.
(1) The National Council, which shall be the highest policy making
body in Nigeria on matters relating to health, shall -
(a) have responsibility for the protection, promotion,
improvement and maintenance of the health of the citizens
of Nigeria, and the formulation of policies and prescription
of measures necessary for achieving the responsibilities
specified under this paragraph;
(b) offer advise to the Government of the Federation,
through the Minister, on matters relating to the
development of national guidelines on health and the
implementation and administration of the National Health
Policy;
Establishment and Composition
of the National Council on Health.
Functions of National
Council.
(c) ensure the delivery of basic health services to the people of
Nigeria and prioritize other health services that may be
provided within available resources;
(d) advise the Government of the Federation on technical
matters
relating to the organization, delivery and distribution of health
services;
( e) issue, and promote adherence to, norms and standards, and
provide guidelines on health matters, and any other matter
that affects the health status of people;
(f) identify health goals and priorities for the nation as a whole
and monitor the progress of their implementation;
(g) promote health and healthy lifestyles;
(h) facilitate and promote the provision of health services for the
management, prevention and control of communicable and
non-communicable diseases;
i) ensure that children between the ages of zero and five years
and pregnant women are immunized with vaccines against
infectious diseases;
j) coordinate health services rendered by the Federal Ministry
with health services rendered by the States, Local
Governments, Wards, and private health care providers and
provide such additionaYl1ealth services as may be
necessary to establish a comprehensive national health
system;
(k) integrate the health plan of the Federal Ministry of Health and
State Ministries of Health annually; and
(l) perform such other duties as may be assigned to the National
Council by the Minister.
(2) The National Council shall determine the time frames, guidelines
and format for the formulation of the National and State Health
Plans.
The National Council shall be advised by the Technical Committee
established under this Act.
(1) There is established the Technical Committee of the National
Council on Health (in this Act referred to as "the Technical
Committee").
(2) The Technical Committee shall consist of:
(a) the Permanent Secretary of the Federal Ministry of Health
who shall be the Chairman;
(b) all Directors of the Federal Ministry of Health;
(c) the Legal Adviser of the Federal Ministry of Health;
(d) the Permanent Secretaries and two Directors (one of whom
shall be responsible for health services) of all State Ministries
of Health and FCT Department responsible for Health;
(e) one representative each of the Armed Forces Medical Corps
(that is, Army, Air Force and Navy);
(f) one representative of the Prisons Medical Services;
(g) one representative each of the parastatals of the Federal
Ministry of Health;
(h) one representative all statutory health regulatory agencies
(i) the Chairman of the Committee of Chief Executives of
Teaching and Specialist Hospitals and Federal Medical
Centres;
j) one representative each of the registered health professional
associations including traditional medicine practitioners and
alternative health care providers; and
(k) one representative of the private health care providers.
(3) The Federal Ministry of Health shall provide the Secretariat for the administrative activities of the Technical Committee.
Establishment and
composition of the
Technical Committee
of the National
Council.
(1) The Technical Committee shall advise the National Council on
its functions as contained in section 5(1) of this Act and any
other matter that the National Council may refer to it.
(1) The Technical Committee shall strive to reach its decisions by
consensus but where a decision cannot be reached by
consensus, the decision of the majority of the members shall
prevail and be regarded as the decision of the Technical
Committee.
(2) The Technical Committee may create one or more ad hoc
committees of experts in health matters to advise it on any
matter with which it is concerned.
(3) The Technical Committee shall determine the proceedings for
its meetings, and the quorum for its meetings shall be not less
than one-third of its membership, including the person
presiding at any such meeting.
(1) There is established the National Tertiary Health Institutions
Standards Committee.
(2) The committee shall consist of:
(a) the Chairman who shall be a person in the health profession
with vast knowledge and experience in health service
delivery, planning and organization to be appointed by the
Minister.
(b) a Representative of :
(i) Ministry of Finance,
(ii) Ministry of Education, and
(iii) Office of the Head of Service of the Federation;
( c) representatives of Chief Executives of Tertiary Hospitals;
(d) the Registrars of all health professions regulatory agencies
or councils in Nigeria;
functions of the
Technical Committee
Conduct of the
proceedings of the
Technical Committee
Establishment of the
National Tertiary
Health Institutions
Standards Committee.
e) six persons appointed on merit by the Minister, one from
each geographical zone to represent the public interest at
least two of whom shall be women;
(f) one person to represent the organized private sector; and
(g) the Director, Department of Hospital Services, Federal Ministry of Health who shall be a member and Secretary of the Committee.
(3) A member of the Committee other than an ex-officio member shall:
(a) hold office for a term of four (4) years and no more, on
such terms and conditions as may be specified in his
letter of appointment; and
(b) vacate his office if he resigns through a letter written
under his hand.
(4 )The Federal Ministry of Health shall provide the secretariat for
the administrative activities of the Committee.
(5) The National Tertiary Health Institutions Standards Committee
shall meet not less than four times in a year.
(6)The National Tertiary Health Institutions Standards Committee
shall regulate its own procedure and the quorum shall be two-third majority.
(1) The functions of the Committee shall be to:
(a) advise the Minister on matters affecting the
establishment of
tertiary hospitals in Nigeria;
(b) Prepare periodic master plans for the balanced and
coordinated
development of tertiary hospitals in Nigeria;
(c) establish minimum standards to be attained by the various tertiary health facilities in the nation and also to inspect and accredit such facilities;
Functions of the
Committee.
(d) make relevant investigations and recommendations to the
Federal and State Governments on tertiary health care
services in the national interest;
(e) advise the Federal Government on the financial needs, both
recurrent and capital, of tertiary health services and in
particular investigate and study the financial needs for
training, research and services and make appropriate
recommendations for these.
(f) set standards and criteria for allocation of funds from the
Federal Government to tertiary health institutions and
monitor their utilization, source for grants as laid down by the
Committee
(g) collate, analyse and publish information in relation to
tertiary health care services annually;
(h) lay down broad operational guidelines in all areas of
management for use by the Tertiary Hospitals Management
Board;
(i) monitor and evaluate all activities and receive annual reports
from the tertiary hospitals and supervise annual peer reviews; and
j) carry out such other activities as are conducive for the
discharge of its functions under this Act.
(2) The Minister may give the Committee directives of a general
nature not relating to the particular matters with regard to the
exercise by the Committee of its functions under this Act.
(1) There is establish the Basic Health Care Provision Fund (in this
Act referred to as "the Fund"),
Establishment of Basic Health
Care Provision Fund.
2) The Basic Health Care Provision Fund shall be financed from:
(a) Federal Government annual grant of not less than one per
cent of its Consolidated Revenue Fund.
(b) grants by international donor partners; and
( c) funds from any other source.
(3) Money from the Fund shall be used to finance the following:
(a) 50% of the Fund shall be used for the provision of basic
minimum package of health services to citizens, in eligible
'primary or secondary health care facilities through the
National Health Insurance Scheme (NHIS);
(b) 20 per cent of the Fund shall be used to provide essential
drugs, vaccines and consumables for eligible primary health
care facilities;
( c) 15 per cent of the Fund shall be used for the provision and
maintenance of facilities, equipment and transport for
eligible primary healthcare facilities; and
(d) 10 per cent of the Fund shall be used for the development
of human resources for primary health care;
(e) 5 per cent of the fund shall be used for emergency medical
treatment to be administered by a Committee appointed by
the National Council on Health.
(4) the National Primary Health Care Development Agency shall
disburse the funds for subsection 3 (b ),( c) and (d) of this section
through State and Federal Capital Territory Primary Health Care
Boards for distribution to Local Government and Area Council
Health Authorities.
(5) For any State or Local Government to qualify for a block grant
pursuant to sub-section (1) of this section, such State or Local
Government shall contribute:
(a) in the case of a State, not less than 25 per cent of the total
cost of projects; and
(b) In the case of a Local government, not less than 25 per cent
of the total cost of projects as their commitment in the
execution of such projects.
(6) The National Primary Health Care Development Agency shall
not disburse money to any:
(a) Local Government Health Authority if it is not satisfied that
the money earlier disbursed was applied in accordance with
the provisions of this Act;
(b) State or Local Government that fails to contribute its
counterpart funding; and
(c) States and Local Governments that fail to implement the
national health policy, norms, standards and guidelines
prescribed by the National Council on Health.
(7) The - National Primary Health Care Development Agency shall
develop appropriate guidelines for the administration,
disbursement and monitoring of the Fund with the approval of
the Minister.
PART II – HEALTH ESTABLISHMENTS AND TECHNOLOGIES
(1) The Minister shall, by regulation:
(a) classify all health establishments and technologies into
such categories as may be appropriate, based on:
(i) their role and function within the national health system,
(ii) the size and location of the communities they serve,
Classification of health
establishment and
technologies
(iii) the nature and level of health services they are able to
provide,
(iv) their geographical location and demographic reach,
(v) the need to structure the delivery of health services in
accordance with national norms and standards within
an integrated and coordinated national framework,
and
(vi) in the case of private health establishments, whether
the establishment is for profit or not, and
(b) in the case of federally owned tertiary hospitals, determine
the establishment of the hospital board and the management
system of such tertiary hospital.
(2) Nothing in this section shall preclude the House of Assembly of
any State from making laws for that State for the regulation
and inspection of public, private and non-governmental health
facilities in that State.
(1) Without being in possession of a Certificate of Standards, a
person, entity, government or organization shall not:
(a) establish, construct, modify or acquire a health establishment, health agency or health technology;
(b) increase the number of beds in, or acquire prescribed health technology at a health establishment or health agency;
( c) provide prescribed health services; or
(d) continue to operate a health establishment, health
agency or health technology after the expiration of
24 months from the date this Act took effect.
(2) The Certificate of Standards referred to in subsection (1) of this
section may be obtained by application in prescribed manner
from the appropriate body of government where the facility is
located.
(3) In the case of tertiary institutions, the appropriate authority shall be
Certificate of Standards.
the National Tertiary Health Institutions Standards
Committee, acting through the Federal Ministry of Health.
Any person, entity, government or organisation who performs
any act stated under section 13(1) without a Certificate of
Standards required by that section commits an offence and shall
be liable on conviction to a fine of not less than N500,000.00 or,
in the case of an individual, to imprisonment for a period not
exceeding two years or both.
(1) The Minister, in respect of a tertiary hospital, and the
Commissioner, in respect of all other public health establishments
within the State in question, may:
(a) determine the range- of health services that may be
provided at the relevant public health establishments;
and
(b) in consultation with the relevant treasury, determine
the proportion of revenue generated by a particular
public health establishment classified as a hospital
that may be retained by that hospital, and how those
funds may be used.
(2) The Minister, in consultation with the National Council, may
prescribe conditions subject to which categories of persons may
be eligible for exemption from payment for health care services
rendered by public health establishments.
(3) Without prejudice to any prescription made by the Minister
under subsection (2) of this section, all citizens shall be entitled to
a basic minimum package of health services.
(1) The Minister may prescribe:
(a) minimum standards and requirements for the
provision of health services in locations other than
health establishments, including schools and other
public places; and
(b) penalties for any contravention of, or failure to
comply with, any such standards or requirements.
(2) The Minister may, subject to the provisions of any other law,
Offences and Penalties in respect
of Certificate of Standards.
Provision of health services at
public health establishments.
Health Services at Non-Health Establishments and at
Public Health
Establishment other
than Hospitals.
prescribe conditions relating to traditional health practices to ensure
the health and well-being of persons who are subject to such health
practices.
3) Without prejudice to section 16 of this Act, the House of
Assembly in any State may make laws for the provision of
health services at non- health establishments in the State.
7(1) Subject to this Act, a user may attend any health establishment
for the purposes of receiving health services.
(2) If a health establishment is not capable of providing the
necessary treatment or care, the health establishment in question
shall refer the user concerned to an appropriate health
establishment which is capable of providing the necessary
treatment or care (in such manner or such terms as may be
prescribed by regulation).
8 (1) The Minister shall prescribe mechanisms to ensure a co-
ordinated relationship between private and public health
establishments in the delivery of health services.
(2) The Federal Ministry, any State Ministry, Local Government or any 1
public health establishment may enter into an agreement with any I Private practitioner, private health establishment or non-
governmental organization in order to achieve any objective of this Act.
9 (1) All health establishments shall comply with the quality requirements
_ (2) The quality requirements and standards stated in subsection (1) of
this section may relate to human resources, health technology,
equipment, hygiene, premises, the delivery of health services,
business practices, safety and the manner in which users are
accommodated and treated.
(3) The National Tertiary Health Institutions Standards Committee
shall
monitor and enforce compliance with the quality requirements and
standards stated in subsection (l) as it relates to Tertiary
Hospitals.
Referral from one
health establishment to
another.
Relationship between Public and
Private Health Establishments.
Evaluating services of
health establishments.
HEALTHCARE PERSONNEL
(1) A health care provider, health worker or health establishment
shall not refuse a person emergency medical treatment for any
reason.
(2) A person who contravenes this section commits an offence and is
liable on conviction to a fine of N100, 000.00 or to imprisonment
for a period not exceeding six months or to both.
11 (1) Subject to any applicable law, the head of the health establishment
concerned may in accordance with any guideline determined by the
Minister, Commissioner or any other appropriate authority, impose
conditions on the services that may be rendered by a health care
provider or health worker on the basis of health status except if the
health personnel claims a conscientious exemption.
(2) Subject to any applicable law, every health establishment shall
implement measures to minimise: (a) injury or damage to the person and property of health care
personnel working at that establishment; and
(b) disease transmission.
(3) Without prejudice to section 19(1) of this Act and, except for
Psychiatric patients, a health care provider may refuse to treat a user
who is physically or verbally abusive or who sexually harasses him or her,
and in such a case the health care provider should report the incident to the
appropriate authority
Subject to not being found negligent, a health care provider or other
officers or employees of a health care establishment shall be
indemnified out of the assets of the health care establishment against
any liability incurred by him in defending any proceeding, whether
civil or criminal in which judgement is given in his favour or is
acquitted, if any such proceeding is brought against him in his
capacity as a health care provider, an officer or employee of a health
care establishment.
(1) Every health care provider shall give a user relevant information
Emergency treatment
Rights of health care
personnel.
Indemnity of the
healthcare provider,
officer or employee of
a healthcare
establishment.
User to have full
Knowledge
pertaining to his state of health and necessary treatment relating to:
(a) the user's health status except in circumstances
where there is substantial evidence that the
disclosure of the user's health status would be
contrary to the best interests of the user;
(b) the range of diagnostic procedures and
treatment options generally available to the user;
( c) the benefits, risks, costs and consequences
generally associated with each option; and
(d) the user's right to refuse health services and
explain the implications, risks or obligations of
such refusal.
(2) The health care provider concerned shall, where possible,
inform the user in a language that the user understands and
in a manner which takes into account the user's level of
literacy.
The Federal Ministry, every State Ministry of Health, every Local
Government Health Authority and every private health care
provider shall ensure that appropriate, adequate and
comprehensive information is disseminated and displayed at
facility level on the health 'services for which they are responsible,
which shall include:
(a) the types of health services available
(b) the organisation of health services
(c) operating schedules and timetables of visits;
(d) procedures for laying complaints; and
(e) the rights and duties of users and health care providers.
Subject to applicable archiving legislation, the person in charge of a
health establishment shall ensure that a health record containing such
Duty to disseminate
information
Obligation to keep
record.
information as may be prescribed is created and available at that health establishment for every user of health services.
(1) All information concerning a user, including information relating to his or her health status, treatment or stay in a health establishment is confidential.
(2) Subject to section 27 of this Act, no person may disclose any information contemplated in subsection (1) unless:
(a) the user consents to that disclosure in writing;
(b) a court order or any law requires that disclosure;
(c) in the case of a minor, with the request of a parent or guardian;
(d) in the case of a person who is otherwise unable to grant consent upon the request of a guardian or representative; or
(e) non-disclosure of the information represents a serious threat to public health.
A health worker or any health care provider that has access to the health records of a user may disclose such personal information to any other person, health care provider or health establishment as is necessary for any legitimate purpose within the ordinary course and scope of his or her duties where such access or disclosure is in the interest of the user.
(1) A health care provider may examine a user’s health records for the purpose of:
(a) treatment with the authorisation of the user; and
(b) study, teaching or research with the authorisation of the user,
head of the health establishment concerned and the relevant
health research ethics committee.
(2) If the study, teaching or research under subsection (1 )(b) of this
section reflects or obtains no information as to the identity of the user
concerned, it is not necessary to obtain the authorisations
Confidentiality Access to health
records. Access to health
records by health
care provider
contemplated in that subsection,
(1) The person in charge of a health establishment who is in possession
of a user's health records shall set up control measures to prevent unauthorised access to those records and to the storage
facility in which, or system by which, records are kept.
(2) A person who:
(a) fails to perform a duty imposed on them under subsection (1) of
this Act;
(b) falsifies any record by adding to or deleting or changing any
information contained in that record; ,
(c) creates, changes or destroys a record without authority to do so;
(d) fails to create or change a record when properly required to do
so;
(e) provides false information with the intent that it be included in
a record;
, (f) without authority, copies any part of a record;
(g) without authority, connects the personal identification elements of a user's record with any element of that record that concerns the user’s condition, treatment or history;
(h) gains unauthorised access to a record or record-keeping
system,
including intercepting information being transmitted from one
person, or one part of a record-keeping system, to another;
(i) without authority, connects any part of a computer or other
electronic system on which records are kept to any:
(i) other computer or other electronic system; or
(ii) terminal or other installation connected to or
Protection of health
records.
forming part of any other computer or other
electronic system; or
(j) without authority, modifies or impairs the operation of any:
(i) part of the operating system of a computer or
other electronic system on which a user's
records are kept;
or
(ii) part of the programme used to record, store,
retrieve or display information on a computer or
other electronic system on which a user's
records are kept,
commits an offence and is liable on conviction to
imprisonment for a period not exceeding two years or to a
fine ofN250,000.00 or both.
10 (1) A person may lay a complaint about the manner in which he
or she was treated at a health establishment and have the
complaint investigated.
(2) The Minister, Commissioner or any other appropriate
authority shall establish a procedure for the laying of
complaints within the areas of national health system for
which the Federal or State Ministry is responsible.
(3) The procedure for laying complaints shall
(a) be displayed by all health establishments in a manner
that is visible for any person entering the
establishment and the procedure shall be
communicated to users on a regular basis;
(b) in the case of a private health establishment, allow
for the laying of complaints with the head of the
relevant establishment;
(c) include provisions for the acceptance and
acknowledgment of every complaint directed to a
health establishment, whether or not it falls within the
jurisdiction or authority of that
Laying of complaints
(d) allow for the referral of any complaint that is not within
the jurisdiction or authority of the health establishment
to the appropriate body or authority.
(4) In laying a complaint, a person shall follow the procedure
established by the Minister or a Commissioner, as the case may
be.
PART IV - NATIONAL HEALTH RESEARCH AND
INFORMATION SYSTEM
1. (1) There shall be established by the Minister, the National
Health Research Committee (in this Act referred to as "the
Research Committee").
(2) The membership of the Research Committee shall consist of
not more than 13 members appointed by the Minister on the
recommendation of the health research institutions and other
related bodies in the Federation.
(3) The membership of the Research Committee established under
this section shall reflect the federal character of Nigeria.
(4) There shall be for the committee:
(a) a Chairman who shall be an acknowledged health
researcher and be accomplished and renowned in a
health discipline.
(b) a secretary who shall be the Director of Health
Planning and Research in the Federal Ministry of
Health.
(5) The Chainman shall:
(a) hold office for a term of three years in the first instance
and may be re-appointed for another term of three
years and 110 more, under such terms and conditions
as may be specified in his letter of appointment; and
(b) vacate his office if he resigns through a letter written under
his hand or in case of permanent incapacitation or death.
Establishment and
composition and
tenure of National
Health Research
Committee.
(6) The Research Committee shall have the responsibility to -
(a) promote health research to be carried out by public and
private health authorities;
(b) ensure that health research agenda and research
resources focus on priority health problems;
(c) develop and advise the Minister on the application and
implementation of an integrated national strategy for
health research; and
(d)collate and document information on the research
activities of public and private health establishments.
(7) A member of the Research Committee who is not employed on
full-time basis in the public service shall, in respect of his
service as member, be paid such remuneration as may be
determined by the Minister.
(1) Notwithstanding anything to the contrary in any other law, every research or experimentation on a living person shall only be conducted
(a) in the manner prescribed by the relevant authority; and
(b) with the written consent of the person after he shall have
been informed of the objects of the research or
experimentation and any possible effect on his health.
(2) Where research or experimentation is to be conducted on a
minor for a therapeutic purpose, the research or
experimentation may only be conducted:
(a) if it is in the best interest of the minor;
(b) in such manner and on such conditions as may be
prescribed by the National Health Research Ethics
Committee; and
Research or experimentation
with human subject.
(c) with the informed written consent of the parent or
guardian of the minor.
(3) Where research or experimentation is to be conducted on a
minor for a non-therapeutic purpose, the research or
experimentation may only be conducted:
(a) in such manner and on such conditions as may be
prescribed by the National Ethics Committee; and
(b) with the informed written consent of the parent or
guardian of the minor.
3. (1) There is established by the Minister, the National Health
Research Ethics Committee (in this Act referred to as "the
Ethics Committee").
(2) The membership of the Ethics Committee shall consist
of not more than 15 persons which shall include:
(a) a Chairman;
(b) a medical doctor
(c) a legal practitioner;
(d) a pharmacist;
(e) a nurse;
(f) one representative each of the Christian and Islamic faith;
(g) a community health worker;
(h) one researcher in the medical field;
(i) one researcher in the pharmaceutical field; and
j) a medical laboratory scientist;
Establishment composition,
function and tenure of
National Health Research
Ethics Committee.
(k) a health record officer;
(l) a radiographer;
(m) a physiotherapist;
(n) one researcher in medical laboratory 'science field; and
(o) three other persons, at least one of whom shall be a
woman, who, in the opinion of the Minister are of
unquestionable integrity.
(3) A member of the Ethics Committee shall be appointed for a
term of three years in the first instance and may 'be
reappointed for another term of three years and no more
under such terms and conditions as may be specified in his
letter of appointment.
(4) A member of the Ethics Committee shall vacate his office if he
resigns or is requested in the public interest by the Minister to
do so.
(5) If a member of the Ethics Committee vacates his office or dies,
the Minister may fill the vacancy by appointing a person in
accordance with subsection (2) of this section for the unexpired
term of office of his predecessor.
(6) The Ethics Committee shall have power to determine the
guidelines to be followed for the functioning of institutional
health research ethics committees, and, for the avoidance of
any doubt, shall:
(a) set norms and standards for conducting research on
humans and animals, including clinical trials;
(b) determine the extent of health research to be carried
out by public and private health authorities;
( c) adjudicate in complaints about the functioning of
health research ethics committees and hear any
complaint by a researcher who believes that he has
been discriminated against by any of the health
research ethics committees;
(d) register and audit the activities of health research
ethics committees;
(e) refer to the relevant statutory health regulatory body,
matters involving the violation or potential violation of
an ethical or professional rule by a health care
provider;
(f) recommend to the appropriate regulatory body such
disciplinary action as may be prescribed or permissible
by law against any person found to be in violation of
any norm standard, or guideline, set for the conduct of
research under this Act; and
(g) advise the Federal Ministry of Health and State
Ministries of Health on any ethical issue concerning
research on health.
(7) For the purposes of subsection (6)(a), of this section,
"clinical trials" means a systematic study, involving human
subjects that aims to answer specific questions about the
safety or efficacy of a medicine or method of prevention and
treatment.
4. (1) Every institution, health agency and health establishment at which health research is conducted, shall establish or have access
to a health research ethics committee, which is registered with the
Ethics Committee.
(2) A health research ethics committee shall:-
(a) review research proposals and protocols in order to
ensure that research conducted by the relevant
institution, agency or establishment will promote health,
contribute to the prevention of communicable or non-
communicable diseases or disability or result in cures for
communicable or non- communicable diseases;
(b) grant approval for research by the relevant institution,
agency or establishment in instances where research
proposals and protocol meet the ethical standards of
that health research ethics committee; and
Establishment and
functions of health
research ethics
committees
(c) perform other functions that may be referred to it by the
Minister.
5. (1) The Federal Ministry of Health shall facilitate and co-ordinate
the establishment, implementation and maintenance by State
Ministries, Local Government Health Authorities and the private
health sector of the health information systems at national, state
and local government levels in order to create a comprehensive
National Health Management Information System.
(2) The Minister may, for the purpose of creating, maintaining or
adapting databases within the national health information
system desired in subsection (1) of this section, prescribe
categories or kinds of data for submission and collection and the
manner and format in which and by whom the data is to be
compiled or collated and shall be submitted to the Federal
Ministry of Health.
(3) The Minister and Commissioners shall publish annual reports
on the state of health of the citizenry and the health system of
Nigeria including the States thereof.
6. The Secretary responsible for Health shall by this Act establish a
committee for the FCT to maintain, facilitate and implement the
health information system under section 35(1) of this Act, at FCT
and Area Council levels.
Each Area Council, which provides health services shall establish
and maintain a health information system -as part of the
national health information system as specified under section
35(1) of this Act.
(1) All private health care providers shall:-
(a) establish and maintain a health information system as part of
the national health information system as specified under
section 35(1) of this Act; and
(b) ensure compliance with the provision of sub-section (1)(a) of
this section as a condition necessary for the grant or renewal of
the Certificate of Standards.
Coordination of
National Health
Management
Information System
(NHMIS)
Duties of the FCT as
regards health
information.
Duties of FCT Area
Councils
Duties of private
healthcare providers .
(2)Any private health-care provider that neglects or fails to comply
with the provision of subsection/ 1) of this section commits of an
offence and is liable on conviction to imprisonment for a term of
six months or a fine of N100,000 or both.
(3) Nothing in this section precludes a State Assembly from making
laws with regards to health information system for that State and
the Local Government Areas and the private health sector within
that State.
9. (1) There shall be a compendium of drugs approved for use in
health facilities throughout the Federation- (in this Act referred to
as the "Essential Drugs List") which shall be under the periodic
review of the National Drugs Formulary, and Essential Drugs List
Review Committee.
(2) Indigenous and local manufacture and production of as many
items in the formulary as practicable shall be encouraged.
10. It shall be the responsibility of the National Council on Health to
ensure the widest possible catchments for the health insurance
scheme throughout the Federation or any part thereof.
PART V – HUMAN RESOURCES FOR HEALTH
1. (1) The National Council shall develop policy and guidelines for,
and monitor the provision, distribution, development,
management and utilisation of, human resources within the
national health system.
(2) The policy and guidelines stated in subsection (1) of this
section shall amongst other things, facilitate and advance:
( a) the adequate distribution of human resources;
(b) the provision of appropriately trained staff at all levels of the
national health system to meet the population's health care
needs; and (c) the effective and efficient utilisation, functioning, management
and support of human resources within the national health system.
National drugs formulary
and essential drugs list
and safety of drugs and
food supply
National Health
Insurance Scheme
Development and provision of human resources in national health system.
2. The Minister, with the concurrence of the National Council,
shall determine guidelines that will enable the State Ministries
and Local Governments to implement programmes for the
appropriate distribution of health care providers and health
workers.
3. The Minister shall make regulations with regard to human
resources management within the national health system in
order to:
(a) ensure that adequate resources are available for the education
and training of health care personnel to meet the human
resources requirements of the nationa1 health system;
(b) ensure the education and training of health care personnel to
meet the requirements of the national health system, including
the prescription of a re-certification programme through a
system of continuing professional development;
(c) create new categories of health care personnel to be
educated or trained in conjunction with the appropriate
authority; (d) identify shortages of key skills, expertise and competence
within the national health system, and prescribe strategies which are not in conflict with any other existing legislation, for the education and training of health care providers or health workers in the Federation, to make up for any shortfall in respect of any skill; expertise and competence; and
(e) prescribe strategies for the recruitment and retention 'of health
care personnel within the national health system and from
anywhere outside Nigeria;
(f) ensure the existence of adequate structures for human
resources planning, development and management at national,
state and local government levels of the national health system
in conjunction with the National Council on Health;
(g) ensure the availability of institutional capacity at state and local
governments levels of the national health system to plan for,
develop and manage human resources in conjunction with the
National Council on Health;
Appropriate
distribution of health
care providers.
Regulations Relating
to managemen I 0 f
Human Resources in
the Health System.
Plan for manpower
development
Industrial dispute
Medical Treatment
Abroad
(h) ensure the definition and clarification of the roles and functions
of the Federal Ministry of Health, state ministries of health and
local government health authorities with regard to the planning,
production and management of human resources in conjunction
with the National Council on Health; and
4. The National Council shall ensure that there is adequate plan for
manpower development throughout the Federation or any part thereof to
keep pace with evolving trends of expansion and improvement in health
care delivery.
5. (1) Without prejudice to the right of all cadres and all groups of health
professionals to demand for better conditions of service, health
services shall be classified as Essential Service, and subject to the
provisions of the relevant law.
(2) Pursuant to subsection (1) of this section, industrial disputes in the public sector of health shall be treated seriously and shall, on no
account, cause the total disruption of health services delivery
public institutions of health in the Federation or in any part thereof.
(3) Where the disruption of health services has occurred in any sector of national health system, the Minister shall apply all reasonable measures to ensure a return to normalcy of any such disruption within
14 days of the occurrence thereof.
6. Without prejudice to the right of any Nigerian to seek medical check-up,
investigation or treatment anywhere within and outside Nigeria, no public
officer of the Government of the Federation or any part thereof shall be
sponsored for medical check-up, investigation or treatment abroad at
public expense except in exceptional cases on the recommendation and
referral by the medical board and which recommendation or referral shall
be dully approved by the Minister or the Commissioner as the case may
be.
(i) prescribe circumstances under which health care personnel may
be recruited from other countries to provide health services in the
Federation.
PART VI - CONTROL OF USE OF BLOOD, BLOOD
PRODUCTS, TISSUE AND GAMETESIN HUMANS
7. (1) The Minister shall establish the National Blood Transfusion
Service for the Federation.
(2) The Minister shall make regulations for the establishment and
maintenance of the National Blood Transfusion Service.
(3) Without prejudice to the provision of sub-section (1) of this
section, the States may set up Blood Transfusion Service as
they find it appropriate within their jurisdiction.
8. (1) Subject to the provision of section 53, a person shall not
remove tissue, blood or blood product from the body of
another living person for any purpose except:
(a) with the informed consent of the person from whom the tissue,
blood or blood product is removed granted in the prescribed manner;
(b) that the consent clause may be waived for medical investigations and treatment in emergency cases; and
(c) In accordance with prescribed protocols by the appropriate authority
(2) (a) A person shall not remove tissue which is not replaceable by natural processes from a person younger than 18 years
(b) A tissue, blood or a blood product shall not be removed from
the body of another living person for purpose of merchandise,
sale, or commercial purposes.
(3) a person who contravenes or fails to comply with the
provisions of this section commits an offence and is
liable on conviction in the case of:
(a) tissue, to a fine of N1,000,000 or imprisonment of not less than two years or both; and
Establishment of
National Blood
Transfusion Services
Removal of Tissue,
Blood or Blood
Products from Living
persons
(b) blood or blood products, to a fine of NI 00,000 or
imprisonment for a term not exceeding one year or both.
9. (1) Subject to the provision of section 52 of this Act, a person shall
use
tissue removed or blood or a blood product withdrawn from a living
person only for such medical or dental purposes as may be
prescribed.
(2) A person who contravenes or fail to comply with the provisions of
this section commits an offence and liable on conviction in the case
of:
(a) tissue, a fine of NI ,000,000 or imprisonment of not less
than two years or both; and
(b) blood or blood products, a fine of NI00,000 or
imprisonment for a term not exceeding one year or both.
(1) A person shall not: (a) manipulate any genetic material, including genetic material
of human gametes, zygotes or embryos; or
(b) engage in any activity including nuclear transfer or embryo
splitting for the purpose of the cloning of human being. (c) import or export human zygotes or embryos.
(2) A person who contravenes or fails to comply with the provision of this section commits an offence and is liable on conviction to imprisonment for a minimum of five years with no option of fine.
(1) A person shall not remove tissue from a living person for
or carry out the transplantation in another living person transplantation of such tissue except:-
(a) in a hospital authorised for that purpose; and
(b) on the written authority of:
Use of Tissue, Blood
or Blood Products
removed or withdrawn
from living persons
Prohibition of
Reproductive and
Therapeutic Cloning
of Human Kind.
Removal and transplantation of human tissue in hospital.
(i) the medical practitioner in charge of clinical services in
that hospital or any other medical practitioner authorised
by him or her; or
(ii) in the case where there is no medical practitioner in charge of the clinical services at that hospital, a medical
practitioner authorised by the person in charge of the
hospital.
(2) The medical practitioner stated in subsection (1)(b) of this section
shall not be the lead participant in a transplant for which he has
granted authorisation under that subsection.
(3) For the purpose of transplantation, there shall be an independent
tissue transplantation committee within any health establishment
that engages in the act and practice of transplantation as
prescribed.
2. (1) Only a registered medical practitioner or dentist may remove any
tissue from a living person, use tissue so removed for any of the
purposes stated in this Bill or transplant tissue so removed into
another living person.
(2) Only a registered medical practitioner or dentist or dentist, or a
person acting under the supervision or on the instructions of a
medical practitioner or dentist, may administer blood or a blood
product to, or prescribe blood or a blood product for, a living
person.
(3) (1) It is an offence for a person:-
(a) who has donated tissue, blood or a blood product to receive any
form of financial or other reward for such donation, except for the
reimbursement of reasonable costs incurred by him or her to
provide such donation; and
(b) to sell or trade in tissue, blood, blood products except for
reasonable payments made in appropriate health establishment
for the procurement of tissues, blood or blood products
(2) A person who contravenes under subsection (l) of this section
Removal, use or
transplantation of
tissue and
administering of blood
and blood products by
medical practitioner or
dentist
Payment in connection
with the importation,
acquisition or supply
of tissue, blood or
blood product
commits an offence and is liable on conviction to a fine of NI00,000
or to imprisonment for a period not exceeding one year or to both.
4 (1) Human organs obtained from deceased persons for the
purpose of transplantation or treatment, or medical or dental
training or research, shall only be used in the prescribed manner.
(2) Human organs obtained under subsection (1) of this section
shall be allocated as prescribed.
(3) The National Tertiary Health Institutions Standards Committee
shall prescribe:
(a) criteria for the approval of organ transplant facilities; and
(b) procedural measures to be applied for such approval.
(4) A person who contravenes or fails to comply with any provision
of this section or who charges a fee for a human organ
commits an offence and is liable on conviction to imprisonment
for a minimum of five years without option of fine.
5. (a) A person who is competent to make a will may:
(i) in the will,
(ii) in a document signed by him and at least two
competent witnesses, or
(iii) in a written statement made in the presence of
at least two competent witnesses, donate his or
her body or any specified tissue thereof to be used
after his or her death, or give consent to the post
mortem examination of his or her body, for any
purpose provided for in this Act.
(b) A person who makes a donation as stated in paragraph ( a) of
this section may nominate an institution or a person as donee.
6. (1) A donation under section 55 of this Act may only be made for
the purposes of:
Allocation and use of
human organs
Donation of human
bodies and tissue of
deceased persons
Purposes of Donation
of Body, Tissue etc
(a) training of students in health sciences;
(b) health research;
(c) advancement of health sciences;
(d) therapy, including the use of tissue in any
living person; or
( e) production of a therapeutic, diagnostic or
prophylactic substance.
(2) This Act does not apply to the preparation of the body of a
deceased person for the purposes of embalming it, whether or not
such preparation involves the:
(a) making of incisions in the body for the withdrawal of
blood and the replacement by a preservative; or
(b) restoration of any disfigurement or mutilation of the body
before its burial.
7. A donor may, prior to the removal for transplantation of the relevant
organ into the done, revoke a donation in the same way in which it
was made or, in the case of a donation by way of a will or other
document, also by the intentional revocation of that will or codicil or
document.
8. (1) Subject to subsection (2) of this section, a post mortem
examination of the body of a deceased person may be conducted
if:
(a) the person, while alive, gave consent thereto;
(b) the spouse, child, parent, guardian, brother or sister of
the deceased not below the age of 18 years in the
specific order mentioned, gave consent thereto; or
( c) such an examination is necessary for determining the
cause of death.
(3) A post mortem examination may not take place unless:
Procedure for revocation
of any donation.
Post mortem
examination of bodies.
(a) the medical practitioner in charge of clinical services
in the hospital or authorised institution or of the
mortuary in question, or any other medical practitioner
authorised by such practitioner, has authorised the
post mortem examination in writing and in the
prescribed manner; or
(b) In the case where there is no medical practitioner in
charge of clinical services, a medical practitioner
authorized by the person in charge of such hospital or
authorized institution, has authorized the post mortem
examination in writing and in the prescribed manner.
PART VII - REGULATIONS AND MISCELLANEOUS
PROVISIONS
The Minister, in consultation with the National Council, may
make regulations with regard to any other matter which is
reasonably necessary or expedient to prescribe in the
implementation of this Act.
(1) The Minister may, after consultation with the National Council, establish such number of advisory and technical committees as may be necessary to achieve the objects of this Act.
(2) When establishing an advisory or technical committee, the
Minister may determine by notice or circular:
(a) its composition, functions and working procedure; and
(b) any incidental matter relating to that advisory or
technical committee.
(1) The Minister shall establish the National Consultative Health Forum.
(2) The National Consultative Health Forum shall promote and
facilitate interaction, communication and the sharing of information on national health issues between representatives of the Federal Ministry of health, national organisations identified by the Minister and state organisations.
Regulations.
Powers of Minister to
appoint committees
National Consultative
Health Forum
(1) The Minister may assign any duty and delegate any power
imposed or
conferred upon him by this Act, except the power to make
regulations with regards to arty:
(a) person in the employment of the Federal Government; or
(b) council, board or committee established under this Act.
(2) A Commissioner may assign any duty and delegate any power
imposed or conferred upon him or her under this Act, except
the
power to make regulations to any officer in the relevant State
Ministry
or any council, board or committee established under this Act.
(3) The Permanent Secretary of the Federal Ministry may assign
any duty
and delegate any power imposed or conferred upon him or
her under
this Act to any official in the Federal Ministry of Health.
(4) The Permanent Secretary of a State Ministry may assign any duty and delegate any power imposed or conferred upon him or her under this Act to any official.
(1) Anything done before the commencement of this Act under a provision of any other relevant Act or regulation which could have been done under a provision of this Act shall be regarded as having been done under the corresponding provision of this Act
4. In this act:
"appropriate authority" means any other authority apart from the
Minister, Commissioner, Executive Secretary, Chairmen of
Boards or Agencies;
"basic minimum package" means the set of health services as
may be prescribed from time to time by the Minister after
consultation with the National Council on Health;
"blood product" means any product derived or produced from
blood,
Assignment of Duties
and delegation of powers.
Savings and
transitional provisions.
Interpretation
including circulating progenitor cells, bone marrow progenitor
cells and umbilical cord progenitor cells;
"certificate" means the certificate of standards specified under
section 13 of this Act: ,
"Commissioner" means the Commissioner of a State responsible
for health;
"communicable disease" means a disease resulting from an
infection due to pathogenic agents or toxins generated by the
infection, following the direct or indirect transmission of the
agents from the source to the host;
"Constitution" means the Constitution of the Federal Republic of
Nigeria, 1999;
" death" m eans brain death;
"embryo" means a human offspring 111 the first eight weeks from
conception;
"Federal Ministry" means the Federal Ministry of Health;
“gamete” means either of the two generative cells essential for
human reproduction;
"gonad" means a human testis or human ovary;
"health agency" means any person or entity other than a health
. establishment:
(a) whose business involves the supply of health care
personnel to users or health establishments;
(b) who employs health care personnel for the
purpose of providing health services; or
(c) who procures health care personnel or health
services for the benefit of a user, and includes a
temporary employment service involving health
workers or health care providers;
"health care personnel" means health care providers and health workers;
"health care provider" means a person providing health services
under this Act or any other law;
"health establishment" means the whole or part of a public or
private institution, facility, building or place, whether for profit or
not, that is operated or designed to provide inpatient or outpatient
treatment, diagnostic or therapeutic interventions, nursing,
rehabilitative, palliative, convalescent, preventative or other health
service under section 12 of this Act;
"health research" includes any research which contributes to
knowledge of:
(a) the biological, clinical, psychological or social processes
in human beings;
(b) improved methods for the provision of health services;
( c) human pathology;
(d) the causes of disease;
(e) the effects of the environment on the human body;
(f) the development or new application of pharmaceuticals,
medicines and related substances; and
(g) the development of new applications of health
technology;
"health research ethics committee" means any committee
established
under section 34 of this Act;
"health services" means health care services that are preventive,
protective, promotive, curative and rehabilitative in respect of physical
mental and social well being;
"health technology" means machinery or equipment that is used in the
provision of health services, but does not include medicine as defined
in
the Drugs and Related Products Registration etc Act. No. 19 of 1993;
"health worker" means any person who is involved in the
provision of health services to a user, but does not include a
health care provider;
"hospital" means a health establishment which is classified as
a hospital by the Minister under section 12 of this Act;
"Minister" means the Minister charged with responsibility for
matters relating to health;
"National Council on Health" means the Council established
by section 4 of this Act;
"national health policy" means all policies relating to issues of national health as approved by the Federal Executive Council on the advice of the National Council on Health through the Minister;
"National Health Research Committee" means the
Committee established under section 31;
"National Health Research Ethics Committee" means the
Committee established under section 330fthis Act;
"National health system" means the system within the Federal Republic of Nigeria, whether in the public or private sector, concerned with the financing, provision or delivery and regulation of health services;
"non-communicable disease" means a disease or health condition that cannot be contracted from another person, an animal or directly from the environment;
"norm" means a statistical normative rate of provision or
measurable target outcome over a specified period of time;
"NPHCDA" means the National Primary Health Care
Development Agency;
"oocyte" means a developing human egg cell;
"organ" means any part of the human body adapted by its structure
to perform any particular vital function, including the eye and its
accessories, but does not include skin and appendages, flesh,
bone, bone marrow, body fluid, blood or a gamete;
"Permanent Secretary" means the administrative head of the
Federal Ministry of Health or a State Ministry of Health;
"premises" means any building, structure or tent together with the
land on which it is situated and the adjoining land used in
connection with it and includes any land without any building,
structure or tent and any vehicle, conveyance or ship;
"prescribed" means prescribed by regulation made under section 5
9 of this Act;
"primary health care services" means such health services as
may be prescribed by the Minister to be primary health care
services;
"private health establishment' 'means a health establishment that is
not owned or controlled by an organ of state;
"public health establishment" means a health establishment
that is owned or controlled by a government body;
"reasonable cause" means any extenuating circumstance that
prevents the healthcare provider, health worker or health
establishment from providing emergency medical treatment to a
person;
"rehabilitation” means a goal-orientated and time-Iimited process aimed at enabling impaired persons to reach an optimum mental,
physical or social functional level;
"reproductive cloning of a human being" means the
manipulation of genetic material in order to achieve the cloning of
a human being and includes nuclear transfer or embryo splitting
for such purpose;
"State Ministry" means any State Ministry responsible for health;
"Statutory Health Professional Council" means a professional
regulatory body established by any Act or Law,
“Technical Committee" means the Technical Committee of the National
Health Council on Health established under section 6 of this Act;
"Tertiary hospital" means a public or private hospital approved by the
National Tertiary Hospital Committee to provide health services at a
tertiary specialist level of care;
'therapeutic cloning" means the manipulation of genetic material from
adult, zygotic or embryonic cells in order to alter, for therapeutic
purposes, the function of cells or tissues;
"this Bill" includes any regulation made thereunder;
"tissue" means human tissue, and includes flesh, bone, a gland, an
organ, skin, bone marrow or body fluid, but excludes blood or a gamete;
"use", in relation to tissue, includes preserve or dissect;
"user" means the person receiving treatment in a health establishment,
including receiving blood or blood products, or using a health service,
and if the person receiving treatment or using a health service is:
(a). below the majority age, “user” includes the person’s parent or
guardian or another person authorised by law to act on the first mentioned person's behalf; or incapable of taking decisions,
"user" includes the person's spouse or;
(b). in the absence of such spouse, the person's parent, grandparent,
. adult child, brother, sister, or another;
(c) person authorised by law to act on the first mentioned person's
behalf; and
"zygote" means the product of the union of a male and a female gamete.
This Act may be cited as the National Health Act, 2014.
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