Legal backing for health reforms underway
By Ben Ukwuoma,
Asst. Health Editor
REFORM programmes in the health sector will soon be given legal backing as the Federal Executive Council (FEC) last week endorsed a draft proposal to be sent to the National Assembly.
The draft bill, which Federal Ministry of Health sources claimed was a product of a series of consultative meetings with all the stakeholders, seeks to set up a legislative and regulatory framework for the delivery of health services throughout the country.
However, chieftains of the major professional associations in the health sector who agreed attending the meeting, claimed ignorance of the draft bill.
Health Minister, Prof. Eyitato Lambo, told The Guardian that the bill seeks to create a standard across the nation in the delivery of health services by setting up norms and standards, framework and national policies.
"It is intended that the bill should apply nationally and prevail over other health legislation if there is a conflict between it and the other health legislation.
"The express objectives of the bill are to fulfil the obligation of government with regards to the rights relating to healthcare services and to establish a national health system. This encompasses public and private providers of health services and which provides the population with the best possible health services that available resources can afford", he said.
Essentially, the bill seeks to outline the responsibility of the minister of health against those of the state Ministries of Health and local council authorities.
The Bill contains provisions relating to the national health system. It provides for the establishment of the Federal Ministry of Health, state Ministry of Health, Local Government Health Authorities, Ward Health Committees and Village Health Committees. It also provides for the establishment of a National Council on Health, a National Health Forum, state and Federal Capital Territory Councils on Health and state consultative bodies for consultation on policy and implementation of services
It contains provisions regarding the rights and duties of healthcare providers and of users of health services. The rights of users to information on health services, emergency medical treatment and participation in decisions affecting their personal health and treatment are recognised.
There is also provision for regulation of treatment for experimental or research purposes and the keeping of records by health establishments.
It also provides for the laying of complaints by users and other persons concerning health establishments and the duties of users with regards to their health, their use of health establishments and their dealings with healthcare providers.
The Act also makes provision for the establishment of a National Hospital Services Agency and state Hospital Management Boards. The boards are for the purpose of regulating and managing tertiary and secondary health establishments.
The National Primary Healthcare Development Agency (NPHCDA) and state and Federal Capital Territory Primary Health Care Management Boards are also to be given legal backing to oversee and supervise the development and quality of the PHC system.
The Bill proposes the establishment of a National Primary Healthcare Development Fund for the purpose of mobilising funds to provide a basic minimum package of health services to all Nigerians. Local government health authorities are established as the administrative units to facilitate the ability of local councils to deliver primary healthcare services. It also contains provisions relating to health establishments. It governs the classification, setting up and operation of health establishments and contains provisions regarding Certificates of Need and Standards.
It makes illegal for any body to establish, construct, modify or acquire a health establishment or health agency without a Certificate of Need and Standards.
Provision is made for enforcement, sanctions and remedies regarding compliance with Certificate of Need and Standards conditions and for certain conditions for the provision of health services at public health establishments.
The minister is given the power to prescribe conditions with regard to traditional health practices. Provisions governing relationships between public health establishments and between public and private health establishments are also embedded in the new Act.
It contains provisions relating to the control of use of tissue, blood and blood products in humans.
A single national blood transfusion service is also established. The draft bill gives the minister power to designate certain authorised institutions for various purposes, including the use and supply of bodies of deceased persons, tissue and blood products and prescribes certain conditions for the removal and use of tissue or blood of living persons.
It contains prohibitions on genetic manipulation of gametes and zygotes and the reproductive cloning of human beings.
Certain requirements concerning tissue transplants are laid down and the removal or use of tissue and blood or its products and the administration of blood and its products are provided.
It contains provisions relating to health surveillance, research and information. The Minister is required to establish a National Health Research Committee. The functions of this committee and the considerations to be taken into account by the committee in determining health research priorities are also set out in detail. The manner in which research on or experimentation with human subjects may be conducted is dealt with.
It seeks to establish a National Health Research Ethics Committee and to provide for the establishment and registration of health research ethics committees.
Provision for the co-ordination of a national health information system is made and certain state and local council functions in relation to the national health information system are prescribed. The minister and the commissioners are mandated to publish an annual State of Health of the population and the health system.
It empowers the minister to make regulations relating to health matters. The minister is obliged to publish proposed regulations for comment, it also empowers the minister to appoint advisory or technical committees to achieve the objects of the Act. It provides for the assignment of certain duties and the delegation of certain powers by the minister, the commissioners, the permanent secretaries of the Federal Ministry of Health and the state Ministries of Health.
It also provides for the repeal of certain laws and contains transitional arrangements to effect a smooth transition between the current law and its replacement by the Act.`
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