Asaba Specialist Hospital Law, 2021

ASABA SPECIALIST HOSPITAL LAW, 2021

1. Short Title. This Law may be cited as the Asaba Specialist Hospital Law, 2021.

2. Interpretation. In this Law: "Appropriate Authority" means the Ministry of Health; "Board" means the Asaba Specialist Hospital Management Board; "Chairman" means the Chairman of the Board; "Commissioner" means the Commissioner in charge of Ministry of Health; "Committee" means the Hospital Management Committee or any other Committee created under this Law for the smooth administration of the Hospital; "Executive Council" means the Delta State Government Executive Council; "Functions" includes powers and duties; "Government" means the Government of Delta State of Nigeria; "Governor" means the Governor Sate of Nigeria; "Hospital" means the Asaba Specialist Hospital; "House" means the Delta State House of Assembly; "Person" includes a company or body corporate and any unincorporated body of persons local and State Government Agencies; "Service" means Delta State Civil Service; "State" Delta State of Nigeria.

3. Establishment. (1) There is hereby established in the State a Specialist Hospital at Asaba to be known as Asaba Specialist Hospital. (2) The Hospital shall be a body corporate with perpetual succession having a common seal with powers to sue ad be sued in its corporate name; and may acquire, hold and dispose of any property or interest in property, movable or immovable.

4. Functions and Powers of the Hospital. The functions and Powers of the Hospital shall include the following: (a) provide rules and conditions under which persons may be admitted as patient of the Hospital for any particular illness or disease; (b) make provision for research and the dissemination of medical knowledge; (c) establish departments and such other units as the purpose of the Hospital may require; (d) institute such offices and posts as the Hospital may require and to appoint persons, prescribe their conditions of service and remove any such persons when necessary; (e) establish, construct and maintain wards, operating theatres, consulting rooms/offices, libraries, laboratories, workshops, lecture halls, halls of residence, dining halls, sports fields, common rooms and other buildings or facilities that may be required in connection with the execution of the objects of the Hospital; (f) provide and maintain residence, recreation and welfare for members of staff of the Hospital as may be deemed necessary; (g) fix, demand, waive and receive monies from any patient attending the Hospital as fees may from time to time determine; (h) borrow money on such terms and conditions as may be recommended by the Board upon the approval of the Executive Council for the furtherance of any object of the Hospital; and (i) do all such other acts and things incidental to the foregoing powers as may be necessary to advance the objects of the Hospital.

5. Objects of the Hospital. The objects of the Hospital shall be: (a) provide avenue for continuing medical education and research in medical, dental and paramedical matters; (b) provide mainly tertiary health services to patients; (c) provide training for House Officers and Interns as obtainable in other accredited health facilities; and (d) provide periodic training for Residents in accredited Specialties as may be necessary for the advancement of the object of the Hospital.

6. Powers of the Board. The Board shall exercise the powers conferred on the Hospital by Section 4 of this Law.

7. Establishment, Composition and Qualification of Chairman of Board. (1) There is hereby established a Board of Management for the Hospital to be known as Management Board of Asaba Specialist Hospital. (2) The Board shall comprise the following Members: (a) the Chairman who shall be appointed by the Governor on the recommendation of the Commissioner for Health; (b) Seven other members to be appointed by the Governor as follows: (i) The Chief Medical Director of the Hospital; (ii) The Director of Administration of the Hospital who shall be the Secretary of the Board and shall attend all meetings; (iii) Two persons representing the Community of Health Care Users; (iv) A representative of the Nigeria Medical Association, Delta State Chapter; (v) A representative of other Health Professionals in the State; and (vi) A representative of the Delta State Sickle Cell Center. (c) Any person who shall be appointed as Chairman of the Board shall possess the following qualification: (i) a minimum educational qualification of University Degree with at least 15 years post qualification experience in the field of administration or in the medical profession; (ii) a person of proven integrity and have outstanding professional capability in field of specialization; and (iii) shall not be an un-discharged bankrupt; (iv) shall not be convicted of felony or any offence involving dishonesty or fraud; or (v) shall not be or become of unsound mind or incapable of discharging the functions of that office.

8. Tenure of Office of the Chairman. The Chairman of the Board shall hold office for a period of three years and shall be eligible for re-appointment for another term of three years and no more.

9. Appointment of a Successor. In the event of any vacancy in the Membership of the Board, such vacancy shall be filled by the appointment of a successor who shall represent the same sectoral interest as his predecessor in office and the appointment shall be for the remainder of the term of the predecessor.

10. Powers of the Board. Subject to the provisions of this Law, the Board shall have powers to: (a) equip, maintain and operate the Hospital with a view to providing necessary facilities for diagnosis, curative, preventive and rehabilitative services in medical treatment; (b) establish, equip, maintain and operate such training schools and similar institutions as the Board considers necessary for providing, the Hospital at all times with a proper staff of doctors, hospital technicians and nurses; (c) delegate any of its powers not exclusively to be exercised by the Board itself or its Chairman or the Chief Medical Director as it deems fit; and (d) consider the annual budget and annual report of the Hospital and submit same to the Appropriate Authority for approval not later than three months before the end of the financial year.

11. Meetings of the Board. (1) The Chairman, or in his absence, the person appointed to act as Chairman may at any time direct the Secretary to summon a meeting of the Board. (2) Any five members of the Board may by notice in writing signed by them request the Chairman to summon a special meeting of the Board for the purposes set out in such notice and the Chairman shall thereupon direct that a special meeting be summoned. (3) The Board shall meet at such time and place as the Chairman may appoint provided that the Board shall hold at least one (1) meeting in every quarter and shall not exceed four (4) meetings in a year save for overwhelming circumstances. (4) The Chairman shall preside at every meeting of the Board. (5) In the absence of the Chairman or where the Office of the Chairman is vacant, members of the Board present at its meeting duly convened in line with the provision of subsections (1) and (2) of this Section shall nominate one person from among them to preside over the meeting.

12. Power to Co-Opt. Whenever the Board desires to obtain advice or any special information from any person on any particular matter, the Board may co-opt such person or persons to be members of such meetings and may require that such person or persons whilst so co-opted shall have the rights and privileges of a member but he shall not be entitled to vote on any issue.

13. Quorum. Five Members of the Board including the Chairman or in his absence, the person appointed to act as Chairman shall constitute a quorum.

14. Voting. (1) Every question before the Board or any Body established under the provision of this Law, at any meeting shall be determined by a simple majority of members present and voting. (2) Every member present having a voting right at any meeting shall have one vote but in the case of a tie, the Chairman shall have a casting vote.

15. Minutes of Board Meetings. (1) The Secretary shall keep an accurate record of minutes of the Board meeting, in the minute’s book provided for such purposes. (2) The minutes of every meeting shall be signed by the Chairman of the Meeting and the Secretary after it has been adopted at the next meeting.

16. Delegation of Duties. The Board may appoint committees as may be necessary for the actualization of the object of the Hospital and may delegate any of its powers and functions under this Law to such committees.

17. Establishment of Hospital Management Committee. There shall be established a Hospital Management Committee vested with the powers to have direct control over the day to day business and work of the Hospital.

18. Composition of the Management Committee. The Committee shall comprise the following: (i) Chief Medical Director who shall be the Chairman of the Committee; (ii) All Heads of Department in the Hospital; (iii) The Chairman, Medical Advisory Committee; and (iv) The Director of Administration who shall be a member and the Secretary of the Committee.

19. Functions of the Management Committee. Subject to the overall control of the Board, the Committee shall perform the following functions: (a) direct and manage all Hospital business including the regulation of patient admission, organization of the Hospital and all formalities related to in-patient and out-patient well-being and liaising with the Hospital Management Board; (b) make recommendations to the Board for the establishment of programmes and units of research in the Hospital; (c) make regulations for the purpose of exercising any of the functions conferred on it under the provisions of this Section; (d) may appoint such other committees, sub-committees or sub-bodies as may be necessary for advising it on the effective discharge of its functions under this Law and shall have powers to delegate any of its functions in this Law to such committees, sub-committees or sub- bodies; and (e) any other function as may be delegated to it by the Board.

20. Establishment, Composition and Functions of the Finance and General Purpose Committee There is hereby established a committee of the Board to be known as the Finance and General Purpose Committee to be composed of five (5) persons and which shall, subject to the directives of the Board, exercise control over the property and expenditures of the Board and perform such other functions delegated to it from time to time.

21. Power of Governor to Transfer Ownership of Property. The Governor may by order publish in the Gazette, transfer all or any of the properties, whether movable or immovable, held by or being applied for the purpose of the Hospital to the Board of the Hospital and as from the date of such order, any property so transferred shall be vested in the Hospital.

22. Acquisition of Movable and Immovable Property. (1) The Board on behalf of the Hospital may acquire and hold movable and immovable property as may be necessary or expedient for the carrying into effect of the provisions of this Law. (2) Subject to the provisions of this Law, the Board may enter into, vary, perform or cancel such contracts as may be necessary or expedient for carrying into effect of the provisions of this Law.

23. Revenue of the Hospital. The revenue of the Hospital shall include: (i) Revenue from time to time accruing to the Hospital by way of Government grants, subventions or other forms of grants-in-aid; (ii) Fees charged by or payable in respect of in-patient and out-patient; (iii) Donations and legacies; and (iv} Appropriation by the House.

24. Presentation of Estimates and Revenue Expenditure. Before the end of each financial year, or at such other time as may be required by the Board, the Chief Medical Director shall present for scrutiny and acceptance in whole or in part by the Board, estimates of the revenue and expenditures for the ensuing financial year and the accepted estimates shall be presented to the Commissioner who shall cause same to be placed before the Governor for consideration and approval.

25. Preparation Statements of Revenue and Expenditure. (1) There shall be prepared a statement of revenue and expenditure during the previous financial year together with a statement of assets and liabilities of the Hospital as at the last day of the financial year. (2) The statement duly certified by the Chief Medical Director shall be audited and after verification by the Board, shall together with the auditor’s report, be forwarded to the Commissioner, who shall cause same to be placed before the Governor.

26. Power of the State Auditor-General. The Auditor-General of the State shall have the right to access the books, accounts and vouchers of the Hospital and shall be entitled to such information and explanation as may be deemed necessary for the audit of the Hospital accounts.

27. Appointment of the Chief Medical Director and Accounting Officer. (1) There shall be appointed for the Hospital, a Chief Medical Director, following a process of an election in line with the provisions of subsection (3) of this Section, who shall be appointed by the Governor on the recommendation of the Board and on such terms and conditions as may be specified in his letter of appointment and whose remuneration shall be as applicable to other similar Medical Institutions in the State. (2) The Chief Medical Director shall: (a) be the Chief Executive and Accounting Officer of the Hospital; and (b) be appointed for a term of three (3) years at the first instance and subject to performance may be re-appointed for another term of three (3) years and no more.

28. Functions of the Chief Medical Director. (1) The Chief Medical Director shall oversee the under-listed Departments of the Hospital: (i) Planning, Monitoring and Research; (ii) Accounts Department; (iii) Internal Audit; (iv) Engineering; (v) Security Services; (vi) Public Relations; (vi) Legal Units; (vii) Information Services; (viii) Stores, Procurement and Supplies; (viii) Delta State Contributory Health commission; (ix)Revenue Drive (x) National Health Insurance Scheme; (xi) Mortuary Services; (xii) Sickle Cell Center; (xiii) All Public Private Partnership entered into by the Hospital. (2) Subject to the Regulations of the Board, the Chief Medical Director shall exercise authority and discipline over the staff and patients of the Hospital in line with Public Service Rules.

29. Procedure for Election of the Chief Medical Director. The procedure for election of the Chief Medical Director shall be as follows: (a) there shall be an election for the position of Chief Medical Director among the Consultants of the Hospital; (b) the names of the first three persons who participated in the election process shall be forwarded by the Board to the Governor through the Commissioner; (c) the Governor may appoint one of the three persons whose names were submitted as the Chief Medical Director; and (d) notwithstanding the provisions, the Governor, in exercise of his discretion for the best interest of the State, the Hospital and sectoral consideration, may appoint any person outside the three names so submitted.

30. Qualification and tenure of office of the Chief Medical Director. Any person appointed as the Chief Medical Director shall be qualified as a Medical Practitioner and registered as such for a period of not less than twelve (12) years, and has had considerable administrative experience in matters of health and holds at least fellowship diploma, not less than three (3) years prior to the appointment as Chief Medical Director.

31. Suspension and Removal of the Chief Medical Director/Other Senior Staff. (1) The Chief Medical Director may be suspended or removed from office by the Governor for reasons of gross misconduct, and/or inefficiency on the recommendation of the Board through the Commissioner. (2) The Board shall have power to suspend or remove any senior member of Staff of the Hospital for reasons of misconduct or inefficiency.

32. Appointment of Chairman Medical Advisory Services. (1) There shall be a Director of Clinical Services and Training who shall also be the Chairman of the Medical Advisory Committee. (2) The Chairman of the Medical Advisory Committee shall be responsible to the Chief Medical Director. (3) The Chairman of the Medical Advisory Committee shall be appointed by the Board upon the release of the election results conducted in line with the provisions of Section 33 of this Law and shall hold office for a period of two (2) years in the first instance and may be re-appointed for another term of two (2) years and no more.

33. Procedure for Election of Chairman Medical Advisory Services. The procedure for election of the Chairman of the Medical Advisory Committee shall be as follows: (a) There shall be an election for the position of Chairman of the Medical Advisory Committee from among the Consultants of the Hospital; (b) The names of the first three persons who participated in the election process shall be forwarded by the Chief Medical Director to the Board; and (c) The Board shall appoint one of the three persons whose names were submitted as the Chairman of the Medical Advisory Committee.

34. Departments of the Hospital. The Hospital shall be organized into various Departments as the Board may approve and each Department shall have a head who shall perform the duties and functions which the Board may from time to time assign to him.

35. Function and Composition of the Medical Advisory Committee. (1) The Directorate of Clinical Services and Training shall exercise supervisory role over the Clinical Department, Pharmacy Department, Nursing Services Department, Health Visiting, Bio-medical Engineering Services, SERVICOM, etc. (2) The Heads of the Department outlined in Section 37 of this Law shall be members of the Medical Advisory Committee.

36. Deputy Chairman of the Medical Advisory Committee. There shall be a Deputy Chairman of the Medical Advisory Committee who shall assist the Chairman of the Committee in the supervisory role in Medical Services and training and must be one of the three persons whose names were sent to the Board in the election of the Chairman of the Committee.

37. Director of Administration/Tenure/Functions. (1) There shall be a Director of Administration for the Hospital, who shall be appointed by the Board and shall be responsible to the Chief Medical Director for the General Administration of the Hospital. (2) The Director of Administration shall hold office for such terms and conditions as may be specified in his instrument of appointment. (3) The Director of Administration shall perform the following functions: (a) Coordinate and supervise activities in the under-listed Departments of the Hospital: (i) Board of Management Matters; (ii) Administrative Services; (iii) Establishment; (iv) Personnel; (v) Catering and Dietetics; and (vi) Laundry and Waste Management. (b) Perform any other function as the Chief Medical director may from time to time assign to him.

38. Appointment and Functions of the Chief Accountant. (1) There shall be a Chief Accountant for the Hospital who shall be responsible to the Chief Medical Director for the Financial Administration of the Hospital. (2) The Chief Accountant shall be appointed by the Board and shall hold office on such terms and conditions as may be specified by the instrument appointing him.

39. Employment and Promotion of Staff. (1) The Board shall have powers to employ directly such number of Staff as it may require to assist it in the discharge of its functions under this Law or engage such number of Staff seconded from the Civil or Public Service of the State for the purpose. (2) The powers of the Board to appoint and promote Staff of the Hospital shall be subject to the approval of the Governor on the recommendation of the Commissioner.

40. Affected Professional Staff. All professional Staff whose functions are affected by virtue of this Law shall have the option to transfer their services or be seconded to the Hospital or withdraw same.

41. Common Seal of the Hospital. (1) The Director of Administration shall have custody of the common seal of the Hospital and shall be responsible for affixing same on documents. (2) The common seal of the Hospital shall not be used save upon the directions of the Board, and shall be by the Signature of the Chief Medical Director and the Director of Administration.

42. Powers of Governor in Matters Affecting Public Interest. (1) The Governor, through the Commissioner may give to the Board, directions for the discharge of their functions in relation to matters appearing to the Governor to affect the public interest, and the Board shall give effect to such direction. (2) The Board shall afford to the Commissioner facilities for obtaining information with respect to the property of the Hospital and the functions of the Board and shall furnish him with returns of accounts and other information with respect thereto and afford to him facilities for verification of the information furnished in such manner and at such times as he may require.

43. Standing Orders. (1) Without prejudice to any of the provisions of this Law, the Board may, make standing orders with respect to the holding of its meetings, the notice to be given of such meetings, the proceedings, the keeping of minutes of such proceedings and the custody and production for inspection of such minutes and other matters that may be considered necessary or desirable. (2) The Hospital Management Committee and Finance and General Purpose Committee of the Hospital may, with the approval of the Board, make standing orders as in subsection (1) of this Section and without prejudice to the generality of the said subsection, the standing order may make provisions for such special meetings.

44. Service in the Hospital. Service in the Hospital shall be approved service for the purpose of the Pensions Law and accordingly, Staff of the Hospital shall be entitled to Pensions, Gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the Civil Service of the State.

45. Actions Taken by the Board. From the date of coming into operation of this Law, actions taken by the Board of Management are deemed to have been made under and in accordance with this Law.

46. Regulations. The Board may make Regulations for carrying into effect the provisions of this Law and for the due administration of its provisions.