Delta State Essential Drugs Project Law

DELTA STATE ESSENTIAL DRUGS PROJECT LAW

1. Citation. This Law may be cited as the Delta State Essential Drugs Project Law.

2. Interpretation. In this Law - “Chairman” means the person appointed Chairman under section 6 of this Law; “Committee” means the Delta State Essential Drugs Project Executive Committee appointed under Section 6 of this Law; “Government” means the Government of Delta State of Nigeria; “Local government council1 ”means a local government council established under the Constitution of the Federal Republic of Nigeria; “Project” means the Delta State Essential Drugs Project established under section 3 of this Law; “State” means the Delta State of Nigeria; “Supervising authority” means the State Commissioner for Health; “World Bank” means the International Bank for Reconstruction and Development.

3. Establishment of the project. There is hereby established in the State a project to be known as the Delta State Essential Drugs Project.

4. Body corporate. The Project shall be a body corporate with: (i) perpetual succession and a common seal4 (ii) power to sue and be sued in its corporate name; and (iii) power to acquire hold and dispose of property whether movable or immovable.

5. Authority and supervision of project. The authority of the Project is vested in the Committee appointed under section 6 and it shall be responsible to the Governor State through the Supervising Authority.

6. Members of the committee. (1) The Governor shall appoint the members of the Committee which shall comprise: (a) the Commissioner for Health .................................. Chairman (b) the Commissioner for Commerce and Industry……… Member (c) the Commissioner for Finance and Economic Planning.......... Member (d) the Permanent Secretary, Local Government and Chieftaincy Affairs…… Member (e) the Permanent Secretary, Ministry of Health. ................ Member (f) the Director of Pharmaceutical Services, Ministry of Health ......... Member (g) the Director of Hospital Services and Chief Executive, State Hospital Management Board..................................... Member (h) the Chief Pharmacist, Delta State Hospitals Management Board ..... Member (i) the project Manager …………………………………………………. Member (j) the Financial Controller .................................................... Member (2) The Project Secretary shall act as Secretary to the Committee.

7. Functions of the committee. The Executive Committee shall among other things: (i) ensure the smooth implementation of the Project; (ii) ensure adequate procurement, distribution and effective utilisation of drugs and pharmaceuticals in the State and Local Government health facilities; (iii) ensure effective organisational structure and the deployment of appropriate personnel to the various units; (iv) carry out regular monitoring and evaluation of the programme to maximise the project’s benefits; (v) approve and publish the recommendation of the Essential Drug Formulary, Advisory and Therapeutic Committee (Drug and Equipment Advisory Committee); (vi) consider and approve the annual budget for the Project; (vii) lay down guidelines on the pricing mechanism for the Project; (viii) review periodically the pricing of the Projects Drugs; (ix) ensure regular flow of funds and their judicious utilisation; (x) ensure that the cost recovery mechanism is effective; (xi) approve all the operational manuals; (xii) ensure that the annual external auditing of the account of the Project is carried out; and (xiii) ensure that the annual report on the activities of the Project is prepared promptly.

8. Powers of the Executive Committee. The Committee shall have power among others to - (i) select, quantify, procure and distribute drugs and pharmaceuticals; (ii) train its personnel and all health workers whose functions have direct bearing on the success of the project to meet the needs of and standards set for the Project by the World Bank; (iii) construct and maintain buildings and infrastructures for the effective discharge of its functions under the Law; (iv) insure properties of the project; (v) consider tenders and award contracts for the procurement of drugs and pharmaceuticals and other materials necessary for the implementation of the project in line with World Bank guidelines for the project; (vi) set up sub-committees which shall include drug, advisory and therapeutic sub- committee and the Local Government Council Drug revolving fund sub-committee; (vii) do other things as are reasonably incidental or necessary for carrying into effect the provisions of this Law; and (viii) from time to time approve fringe benefits for the staff of the Project.

9. Meetings of the Committee. (1) (a) The Committee shall hold meetings once in two months. (b) The Chairman may convey a special meeting where considers it necessary or when at least four members of the Committee request for it in writing, and the meeting shall be held within seven days from the date of such request. (2) The Chairman shall preside at all meetings of the Committee and in his absence members of the Committee present shall nominate one of their members to preside at that meeting. (3) Five members of the Committee shall form quorum to do business. (4) At a meeting of the Committee any matter put to vote shall be decided by a majority of votes cast and in the event of equality of votes, the Chairman shall have a casting vote in addition to his original vote. (5) The Committee may co-opt any person into its meeting: (ii) The person so co-opted shall have all privileges of members except that he shall not vote at the meeting or count towards a quorum. (6) The validity of the proceedings of the Committee shall not be affected by any vacancy in its membership or defect in the appointment of a member or by reason that a person not so entitled has taken part in the proceedings.

10. Project Manager. (1) The Governor shall appoint the Project Manager whose candidature for the post shall receive the concurrence of the World Bank. (2) The Project Manager shall be the chief executive of the Project and a pharmacist with relevant experience, and shall be responsible for the day-to-day operations of the Project and shall carry out such other functions as the Committee may from time to time direct.

11. Financial Controller. (1) The Governor shall appoint the Financial Controller whose candidature for the post shall receive the concurrence of the World Bank. (2) The Financial Controller must be professionally qualified and shall be the most senior officer of the Project responsible for over-seeing all financial aspects of the Project for providing financial advice when necessary and carrying out such other functions as the Committee may from time to time direct.

12. Project Secretary. (1) The Governor shall on the recommendation of the Committee appoint a suitable administrative officer as the Project Secretary. (2) The Project Secretary shall be the most senior administrative officer of the Project and shall conduct the correspondence, keep proper records of the proceedings of all meetings and shall carry out such other functions as the Committee may from time to time direct.

13. Conditions of service, rules and regulations. The conditions of service and the rules and regulation to public officers in the State public Service shall continue to apply to the staff of the Project except that one grade incremental salary shall be offered to the staff of the Project by way of incentive.

14. Funds. The funds of the Project shall consist of: (i) such sums, as may from time to time be drawn from the loan granted by the World Bank to the Project; (ii) such sums as may be received as the State counterpart contributions to the Project in accordance with the Project Agreement between the World Bank and the State; (iii) such sums as may accrue to the Project from its investments, properties, sale of drugs and pharmaceuticals and other sources.

15. Accounts. The Project shall open and maintain such accounts as may be required by the World Bank or the Committee.

16. Audit. The accounts and stores of the Project shall be audited at least once a year and when the State Government, or the Federal Government, or the World Bank directs that the accounts be audited.

17. Annual Report. The Committee shall render an annual report to the Government not later than three months following the end of the year for which the report is rendered.

18. Vesting of Assets. On the commencement of the Law there shall vest in the Project without further assurance all the assets and liabilities of the State’s pharmaceutical stores trading concern including: (i) all property, movable or immovable, of every description; (ii) such number and calibre of staff of the State’s pharmaceutical stores trading concern as the Project may determine.