NASARAWA STATE SPECIALIST HOSPITAL (ESTABLISHMENT) AND MANAGEMENT BOARD LAW

LAWS OF NASARAWA STATE OF NIGERIA

State Laws

Attorney-General

State Website

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NASARAWA STATE SPECIALIST HOSPITAL (ESTABLISHMENT) AND MANAGEMENT BOARD LAW

 

 

ARRANGEMENT OF SECTIONS

  1. Citation and commitment.
  2. Establishment of Specialist Hospital
  3. Establishment of the Board.
  4. Powers of the Board
  5. Appointment and composition of Board members.
  6. Quorum
  7. Qualifications and Powers of the Chairman of the Board
  8. Tenure and cessation of office of members
  9. Appointment of the Chief Medical Director and powers.
  10. Appointment of Director of Administration and functions
  11. [Power of Board over Employees]
  12. [Tenure of Chief Medical Director]
  13. Functions of the Board
  14. Removal and discipline of clinical administrative and technical staff.
  15. [Power of CMD over discipline of junior staff]
  16. [Missing]
  17. [Power of Board to make Bye-Laws]
  18. Inspection of institutions controller by the Board.
  19. Mode of giving directions e.t.c.
  20. Accounts and audit of the Hospital.
  21. Pension in the of staff.
  22. Referral unit.
  23. Consequential repeal.
  24. Interpretation.

 

 

EXPLANATORY MEMORANDUM

A LAW FOR THE ESTABLISHMENT OF NASARAWA STATE SPECIALIST HOSPITAL AND MANAGEMENT BOARD

 

 

Enactment

BE IT ENACTED by the Nasarawa State House of Assembly and by the authority of same as follows:

 

Citation and commitment.

  1. This Law may be cited as the Nasarawa State Specialist Hospital (Establishment) and Management Board Law 2000 and shall be deemed to have come into operation on 16th August, 2000.

 

Establishment of Specialist Hospital

  1. There is hereby established the Nasarawa State Specialist Hospital, Lafia.

 

Establishment of the Board.

  1. There is hereby established the Nasarawa State Specialist Hospital Management Board which shall be a body corporate with common seal and perpetual succession with powers to sue and be such in its corporate name.

Powers of the Board

  1. Without prejudice to section 3 above, the Board shall have power to enter into any contract, to acquire and to hold or to dispose any movable or immovable property.

 

Appointment and composition of Board members.

  1. (1) The Board established under section 3 above, shall be appointed by the Governor on the recommendation of the Commissioner subject to confirmation by the House.

(2)     The membership of the Board shall comprise of:-

  1. a) The Chairman;
  2. b) The Chief Medical Director;
  3. c) At least 2 (two) representatives of the Federal Ministry of Health;
  4. d) Three persons of proven integrity who shall represent the general interest of the society;
  5. e) One representative of the Medical profession other than a staff of the Hospital;
  6. f) Two representatives of other professions in the Health field other than staff of the Hospital; and
  7. g) A representative of the State Ministry of Health.

(3)     Notwithstanding the generality of the provisions of section 5(1), persons to be appointed under subsection (2)d above shall not on the recommendation of the Commissioner.

(iii)    That he has been absent from three consecutive meeting of the Board without leave of the Board; or

(iv)    That he has been convicted of an offence which involves moral turpitude.

(4)     When the office of a member of the Board has become vacant, the authority by which he was appointed shall appoint another person in his place in accordance with the provisions of this law.

 

Quorum

  1. The Quorum for the meeting of the members shall be five.

 

Qualifications and Powers of the Chairman of the Board

  1. (1) The Chairman of the Board shall be an experienced person of proven integrity and outstanding ability in administration or in related medical profession.

(2)     The Chairman shall preside at all meetings of the Board and in his absence the Board can elect any of its members to so preside.

 

Tenure and cessation of office of members

  1. (1) A member of the Board other than ex-officio member shall:-

(a)     hold office for a period of three years and on such terms as may be specified in his letter of appointment;

(b)     unless he previously vacates his office, be eligible for re-appointment for a further term of three years provided that nothing in this paragraph shall be construed as entitling any person who has held office as Chairman for a term and who is being re-appointed under this paragraph, to be appointed again as Chairman.

(2)     The office of a member of the Board shall become vacant if:

(a)     he resigns his office by notice in writing addressed to the Governor;

(b)     The period of his appointment has expired; or

(c)     There is passed by the Board a resolution declaring –

(i)      that he has become incapable by reason of mental or bodily infirmity of discharging his duties,

(ii)     that he has become unfit for membership of the Board by reason of the fact that he has an interest in a contract entered into by the Board and has not disclosed that fact,

(iii)    that he has been absent from three consecutive meetings of the Board without leave of the Board, or

(iv)    that he has been convicted of an offence which involves moral turpitude. 3

(3)     When the office of a member of the Board has become vacant, the authority by which he was appointed shall appoint another person in his place in accordance with the provisions of this law.

 

 

Appointment of the Chief Medical Director and powers.

  1. (1) There shall be a Chief Medical Director who shall be appointed by the Governor on such terms and conditions as may be determined from time to time by the Governor.

(2)     The Chief Medical Director shall:-

  1. a) Be a person who is medically qualities and registered as such for a period of not less than 12 years, and has bad considerable administrative experience in matters of health and holds a post-graduate medical qualification or a Specialist or Consultant prior to the appointment as Chief Medical Director; and
  2. b) Be charged with the responsibility for the execution of the policies and matters affecting the day-to-day management of the affairs of the Hospital.

 

Appointment of Director of Administration and functions

  1. There shall be a Director of Administration who shall:-

(a)     be appointed by the Board and shall by virtue of that office also be the Secretary to the Board.

(b)     be responsible to the Chief Medical Director for the effective functioning of all the administrative divisions of the Hospital.

(c)     conduct the correspondence of the Board and keep the records of the Hospital; and

(d)     perform such other functions as the Board of Directors or the Chief Medical Director may assign to him from time to time as the case may be.

 

[Power of Board over Employees]

11.(1) Subject to this law, the Board shall have power to appoint (including to Promote, transfer and to confirm appointments), advance, terminate or Discipline employees (including consultants) holding or acting in any office in the hospital; and such appointment shall be made having due regard to terms and conditions of service approved for the hospital.

(2)     Notwithstanding any provision of this law to the contrary, the board may from time to time, appoint consultants outside the Hospital to perform such medical duties as the Board or the Chief medical Director may assign to such consultants.

 

[Tenure of Chief Medical Director]

  1. The Chief Medical Director shall hold office at the pleasure of the Governor.

 

FUCNTIONS OF THE BOARD

Functions of the Board

  1. It shall be the duty of the Board:
  2. a) To equip, maintain and operate the Hospital so as to provide facilities for diagnosis, prescriptive, curative, promotive and rehabilitative services in medical treatment;
  3. b) To liaise with such training schools and similar institutions as the Board considers necessary for providing the Hospital at all times with proper staff of hospital technicians and nurses;
  4. c) To construct, equip, maintain and operate such clinics, out-patient Departments, laboratories, research or experimental stations and other like institutions as the Board considers necessary for the efficient functioning of the Hospital; and
  5. d) to make provisions for the Hospital to offer Specialist services in various fields of medical health care, including facilitating high standard of specialized training, research and information for medical personnel in various fields of human medicine comparable to other Specialist Hospitals in Nigeria.
  6. e) to ensure that the standards of treatment and care provided for patient at the Hospital do not fall below those usually provided by similar establishments of international repute.
  7. f) subject to this law, the Board shall have power to do anything which, in its opinion, is cancelled to facilitate the carrying out of its functions under this law.

 

DISCIPLINE

 

Removal and discipline of clinical administrative and technical staff.

14.(1) If it appears to the Board that there are reasons for believing that any person employed as a member of the clinical, administrative or technical staff of the Hospital other than the Chief Medical Director, should be removed from his office or employment the Board shall require the Director in charge of administration to:-

  1. a) Give notice of those reasons to the person in question;
  2. b) Afford him an opportunity of making representation in person on the matter to the Board; and
  3. c) If the person in question so requests, within a period of one month beginning with the date of notice, make arrangements:-
  4. For a committee to investigate the matter and report on it to the Board; and
  5. For the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee with respect to the matter, and if the Board, after considering the report of the investigating committee, is satisfied that person in question should be removed as aforesaid, the Board may so remove him by a letter signed on the direction of the Board.

(2)     Notwithstanding the provisions of S. 13(1), the Board may delegate any of its Section to a disciplinary committee consisting of such members of the Hospital as the Board nominate.

Discipline of junior staff.

(3)     Nothing in this law shall affect the provisions of any enactment relating to the discipline of medical practitioners, pharmacists, midwives, nurses or members of any other profession or calling.

(4)     The Chief Medical Director may, in a case of misconduct of a member of the staff which in the opinion of the Chief Medical Director is prejudicial to the interest of the Hospital, suspend any such member and any such suspension shall forthwith be reported to the Board.

 

(5)     Any member of staff may for good cause be suspended from his duties or his appointment may be terminated or he may be dismissed by the Board, and for the purposes of this section, “good cause” means –

(i)      a conviction for any offence which the Board considers to be such as to render the person concerned unfit for the discharge of the functions of his office;

(ii)     any physical or mental incapacity which the Board, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office; or

(iii)    conduct of a scandalous or other disgraceful nature which the Board considers to be such as to render the person concerned unfit to continue to hold office; or

(iv)    conduct which the Board considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service.

(6)     Any person suspended shall, subject to subsections (4) and (5) of this section 14 be on half pay and the Board shall before the expiration of a period of three months after the date of such suspension consider the case against that person and come to a decision as to-

(i)      whether to continue such person’s suspension and if so, on what terms (including the proportionate emoluments to be paid to him): or

(ii)     whether to reinstate such person, in which case the Board shall restore his full emoluments withheld during the period of suspension; or

(iii)    whether to terminate the appointment of the person concerned, in which case, such person shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or

(iv)    whether to take such lesser disciplinary action against such person (including the restoration of his emoluments that might have been withheld), as the Board may determine, and in any case where the Board, pursuant to this section, decides to take further disciplinary action against a person, the Board shall before the expiration of a period of three months from such decision come a final determination in respect of the case concerning any such person.

(7)     It shall be the duty of the person by whom a letter of removal is signed in pursuance of subsection (1) of this section to use his best endeavours to cause a copy of the letter to be served as soon as reasonably practicable on the person to whom it relates.

(8)     Nothing in the foregoing provisions of this section shall prevent the Board from making such regulations not inconsistent with the provision of this law for the discipline of all other categories of employees of the Hospital as the Board may prescribe.

(9)     Regulations made under subsection (8) above, need not be published in the State Government Gazette but the Board shall bring them to the notice of all affected persons in such manner as it may from time to time determine

 

[Power of CMD over discipline of junior staff]

  1. (1) If any junior staff is accused of misconduct or inefficiency, the Chief Medical Director may suspend him for not more than these months and shall forthwith direct a committee
  2. a) To consider the case; and
  3. b) To make recommendations as to the appropriate action to be taken by the Chief Medical Director.

(2)     In the cases under this section, the officer shall be informed of the charge against him and shall be given reasonable opportunity to defend himself.

(3)     The Chief Medical Director may, after considering the recommendation made pursuant to subsection (1)(b) of the this section, dismiss or take such other disciplinary action against the officer concerned.

(4)     Any person aggrieved by the Chief Medical Director’s decision under subsection (3) of this section may within a period of 21 days from the date letter communicating the decision to him, address a petition to the Board to reconsider his case.

 

  1. [MISSING]

 

MISCELLANEOUS

Bye-Laws

  1. (1) The Board may, with the approval of the Governor, make bye-laws:-
  2. a) As to access of members of the public either generally or of a particular class, to premises under the control of the Board and as to the orderly conduct of members of the public on those premises; and
  3. b) For safeguarding any property belonging to or controlled by the Board from damage by members of the public.

(2)     Bye-laws made under this section shall not come into force until they are confirmed (with or without modification) by the Governor and published in such manner as he may direct.

(3)     Bye-laws made under this section may provide that a breach of any of the provisions shall be punishable with a fine (not exceeding N3,00) and in default of payment of the fine by imprisonment for such a term as may be specified, not exceeding seven days.

 

(4)     Bye-Laws made under this section shall not apply to any member of the Board and shall not, in their application to a particular institution, apply to an officer or servant of the Board employed in connection with the institution.

 

Inspection of institutions controller by the Board.

S.18.  (1)     The Commissioner, Permanent Secretary, the Director Medical Services and (on production of his authority) any person authorised in that behalf by any of the persons aforesaid may at anytime enter into and inspect any department of the Hospital.

(2)      The Board shall render to the Commissioner at such times and in such form as he any prescribed such statistical and ether returns as he may front time to time require.

 

Mode of giving directions e.t.c.

S.19. Any direction, notice, report, representation or request authorised of required to be given or made by or under this law shall be in writing and may, without prejudice to any other method of service, be service by post.

 

Accounts and audit of the Hospital.

S.20. (1) The Board shall prepare and submit to the Governor not later than the 30th day of September in each financial year, an estimate of its income and expenditure during the next succeeding financial year, and such estimates shall be submitted by the Board for approval by the State Executive Council.

(2)     The Board shall keep proper accounts in respect of each financial year (and proper records in relation to those accounts) and shall cause the accounts to be audited by any firm of Auditors from list of qualified auditors to be provided by the State Auditor-General.

(3)     In providing such a list of external auditors, the State Auditor-General shall provide guidelines on the level of fees to be paid to such External Auditors and shall have the power to comment on the annual accounts and auditor’s report thereof recondance with scales approved in that behalf by the State Executive Council subject to confirmation by the House.

 

Pension in the of staff.

  1. The staff of the Hospital shall continue to be regulated by any law guiding pension rights of public servants in the service of the State provided it shall not preclude any subsequent legislation.

 

Referral unit.

  1. Notwithstanding any provisions contained in this law, this Hospital shall be a referral unit from which referral cases shall be taken from General Hospitals, cottage Hospitals, Clinics and other Health institutions.

 

Consequential repeal.

  1. As from the commencement of this Law all provisions relating to Specialist Hospital in Nasarawa State Hospital Management Board Edict No. 12 of 1998 shall be deemed sperm.

 

Interpretation.

  1. In this Law except where the context so requires:-

“Auditor-General” means Auditor-General of Nasarawa State.

“Board” means the Board of Nasarawa State Specialist Hospital established under section 3 of this Law.

“Bye-Law” means laws made by the Board pursuant to section 16 of this Law.

“Chief Medical Director” means the Chief Medical Director and the Administrative Head appointed under section 9 of this law.

“Commissioner” means Commissioner of Health of Nasarawa State.

“Consultant” means a senior Medical Doctor with particular specialization in any branch of human medicine.

“Director Medical Services” means Director Medical Services under State Ministry of Health.

“Executive Council” means Nasarawa State Executive Council.

“Financial Year” means the 1st of January to 31st of December of every year.

“Governor” means Governor of Nasarawa State.

“Hospital” means Nasarawa State Specialist Hospital created under section 2 of this Law.

“House” means Nasarawa State House of Assembly.

 

 

I assent this 16th day of August, 2000

 

ALHAJI ABDULLAHI ADAMU
EXECUTIVE GOVERNOR
NASARAWA STATE OF NIGERIA

  Find other laws of Nasarawa State, Nigeria HERE

 

 

LAWS OF THE FEDERATION OF NIGERIA 

 

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