11National Health Bill - 2014 - complete.docx

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1、 THE SENATE FEDERAL REPUBLIC OF NIGERIA NATIONAL HEALTH BILL, 2014 (SB. 215) 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 OTHER MATTERS CONNECTED THEREWITH, 2

2、014. FIRST READING TUESDAY, 2ND OCTOBER, 2012 SECOND READING WEDNESDAY,12 DECEMBER, 2012 THIRD READING AND PASSAGE WEDNESDAY, 19 FEBRUARY, 2014 NATIONAL HEALTH BILL, 2014 Arrangement of douses PART 1 - RESPONSIBILITY FOR HEALTH AND ELIGIBILITY FOR HEALTH SERVICES AND ESTABLISHMENT OF NATIONAL HEALTH

3、 SYSTEM 1. Establishment of the National Health System. 2. Functions of the Federal Ministry of Health. 3. Eligibility for exemption from payment for health services in public health establishments. 4. Establishment and Composition of the National Council on Health. 5. Functions of the National Coun

4、cil. 6. Establishment and Composition of the Technical Committee of the National Council. 7. Functions of the Technical Committee. 8. Conduct of the Proceedings of the Technical Committee. 9. Establishment of the National Tertiary Health Institutions Standards Committee. 10. Functions of the Committ

5、ee. 11. Establishment of Basic Health Care Provision Fund. PART II - HEALTH ESTABLISHMENTS AND TECHNOLOGIES 12. Classification of Health Establishment and Technologies. 13. Certificate of Standards. 14. Offences and Penalties in respect of Certificate of Standards. 15. Provision of health services a

6、t Public Health Establishments. 16. Health Services at Non-Health Establishments and at Public Health Establishment other than Hospitals. 17. Referral from one Health Establishment to another. 18. Relationship between Public and Private Health Establishments. 19. Evaluating Services of Health Establ

7、ishments. PART III - RIGHTS AND OBLIGATIONS OF USERS AND HEALTHCARE PERSONNEL 20. Emergency treatment. 21. Rights of Health Care Personnel. 22. Indemnity of the Healthcare provider, Officer or Employee of a Healthcare Establishment. 23. User to have full knowledge. 24. Duty to Disseminate Informatio

8、n. 25. Obligation to Keep Record. 26. Confidentiality 27. Access to Health Records. 28. Access to Health Records by Health Care Provider. 29. Protection of Health Records. BO. Laying of Complaints. PART IV - NATIONAL HEALTH RESEARCH AND INFORMATION SYSTEM 31. Establishment, Composition and Tenure of

9、 National Health Research Committee. 32. Research or Experimentation with Human subject. 33. Establishment, Composition, Function and Tenure of National Health Research Ethics Committee. 34. Establishment and functions of Health Research Ethics Committees. 35. Coordination of National Health Managem

10、ent Information System (NHMIS). 36. Duties of a FCT as regards Health Information. 37. Duties of FCT Area Councils. 38. Duties of Private Healthcare Providers. 39. National Drugs Formulary and Essential Drugs List and Safety of Drugs and Food Supply. 40. National Health Insurance Scheme. PART V - HU

11、MAN RESOURCES FOR HEALTH 41. Development and Provision of Human Resources in National Health System. 42. Appropriate Distribution of Health Care Providers. 43. Regulations Relating to management of Human Resources in the Health System. 44. Training Institutions. 45. Industrial Dispute. 46. Medical T

12、reatment Abroad. PART VI - CONTROL OF USE OF BLOOD, BLOOD PRODUCTS, TISSUE AND GAMETES IN HUMANS 47. Establishment of National Blood Transfusion Services. 48. Removal of Tissue, Blood or Blood Products from Living persons. 49. Use of Tissue, Blood or Blood Products removed or withdrawn from living p

13、ersons. 50. Prohibition of Reproductive, therapeutic Cloning of Human Kind. 51. Removal and Transplantation of Human Tissue in Hospital. 52. Removal, Use or Transplantation of Tissue and Administering of Blood and Blood Products by Medical Practitioner or Dentist. 53. Payment in Connection with the

14、Importation, Acquisition or Supply of Tissue, Blood or Blood Product. 54. Allocation and Use of Human Organs. 55. Donation of Human Bodies and Tissue of Deceased Persons. 56. Purposes of Donation of Body, Tissue etc. 57. Procedure for Revocation of any Donation. 58. Post Mortem Examination of Bodies

15、. PART VII - REGULATIONS AND MISCELLANEOUS PROVISIONS 59. Regulations. 60. Powers of Minister to appoint Committees. 61. National Consultative Health Forum. ii 62. Assignment of Duties and delegation of powers. 63. Savings and transitional provisions. 64. Interpretation. 65. Short Title. A BILL - FO

16、R 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 OTHER MATTERS CONNECTED THEREWITH, 2014. I J Commencement BE IT ENACTED by the National Assembly of the Federal Republic o

17、f Nigeria as follows: PART 1 - RESPONSIBILITY FOR HEALTH AND ELIGIBILITY FOR HEALTH SERVICES AND ESTABLISHMENT OF NATIONAL HEALTH SYSTEM 1. (1) There is hereby established for the Federation the National Health System, which shall Establishment of the define and provide a framework for standards and

18、 regulation of health services, and which 二 ;:3 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

19、 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 service

20、s. (2) The National Health System shall include - (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 autho

21、rities; (e) the ward health committees; (f) the village health committees; (g) the private health care providers; 1 (h) traditional health care providers; and (i) alternative healthcare providers. 2. (1) The Federal Ministry of Health shall - Functions of the Federal Ministry of Health. (a) ensure t

22、he 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 cou

23、ntries 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-ordinat

24、e health and medical services delivery during national disasters; (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 speciali

25、zed 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 an

26、d 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 res

27、ources 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

28、2 (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. (d) ensure the preparation and presentation of an annual report of the State of health of Nigerians and the National Health System to

29、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 stand

30、ards 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 A

31、ct. 3. (1) The Minister, in consultation with the National Council on Health may prescribe Eligibility for conditions subject to which categories of persons may be eligible for exemption from payment nfor health payment for health care services at public health establishments. services m public heal

32、th establishments. (2) In prescribing any condition under subsection (1), the Minister shall have regard tor- fa) 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

33、on access to health services; and (d) the needs of vulnerable groups such as women, children, older persons and persons with disabilities. (3) Without prejudice to the prescription by the Minister in subsection 3(1), all Nigerians shall be entitled to basic minimum package of health services. 4. (1)

34、 There is hereby established the National Council on Health (in this Act referred to as the Establishment and National Council or Council which shall consist of- NanaTcouncii l n Health. (a) the Minister, who shall be the Chairman; (b) the Minister of State for Health, if any; (c) the Commissioners

35、responsible for matters relating to Health in the States of the Federation; and 3 (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 s

36、hall meet not less than two times in a year. (4) The National Council shall have powers to regulate its proceedings. 5. (1) The National Council which shall be the highest policy making body in Nigeria on matters Functions of the . . National Council. relating to health, shall - (a) have responsibil

37、ity 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, thr

38、ough the Minister, on matters relating to the development of national guidelines on health and the implementation and administration of the National Health Policy; (c) ensure the delivery of basic health services to the people of Nigeria and prioritize other health services that may be provided with

39、in 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 t

40、he 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 commun

41、icable 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 Govern

42、ment, Wards, and private health care providers and provide such additional health 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 duti

43、es as may be assigned to the Council by the Minister. 4 (2) The National Council shall determine the time frames, guidelines and format for the formulation of the National and State Health Plans. (3) The National Council shall be advised by the Technical Committee established in terms of this Bill.

44、6. (1) There is hereby established a Technical Committee of the National Council on Health (in Establishment and this Bill referred to as the Technical Committee. of the National (2) The Technical Committee shall comprise Council. (a) the Permanent Secretary of the Federal Ministry of Health who sha

45、ll 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 fo

46、r 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 each of all statutory health re

47、gulatory agencies or councils; (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 ca

48、re 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. 7. (1) The Technical Committee shall advise the National Council on its functions as contained

49、 in Functions of the section 5(1) of this Act and any other matters that the council may refer to it. Technical committee. 8. (1) The Technical Committee shall strive to reach its decisions by consensus but where a Conduct of the decision cannot be reached by consensus; the decision of the majority of the members shall TechniwKommlttet.6 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 wi