Delta State Hospitals Management Board Law

DELTA STATE HOSPITALS MANAGEMENT BOARD LAW.

1. Short title This Law may be cited as the Delta State Hospitals Management Board Law.

2. Interpretation In this Law: "Appropriate Authority" means the member of the State Government for the time being charged with responsibility for health matters in the State; "Board" means the State Hospitals Management Board established under section 3 of this Law; "Chairman" means the person appointed as a Chairman under section 6 sub-section 6(1) (a) of this Law. "Director" means the Director of State Hospital and Chief Executive of the Board; "Government" means the Government of Delta State of Nigeria; "Governor" means the Governor of the Delta State of Nigeria; "Hospital" means any hospital, convalescent home, clinic or nursing home or associated institutions and specialist services maintained or controlled by the Government, used or intended to be used for the reception and treatment of persons suffering from any sickness, injury or bodily or mental infirmity and for the reception of women in childbirth for the purpose of providing such person with nursing, medical or surgical attention; "Local Government Council" means a local government council established pursuant to the Constitution of Federal Republic of Nigeria or any other Law made for that purpose; "Member" means a member of the Board and it includes the Chairman; "Permanent Secretary" means the Permanent Secretary in the State Ministry of Health; "Secretary" means secretary of the Board; "Special Meeting" means a meeting other than plenary meeting convened pursuant to sub- section of section 8 of this Law.

3. Establishment of the Board There is hereby established for the State a Board to be known as the Delta State Hospitals Management Board.

4. Incorporation of the Board The Board shall be a body corporate with perpetual succession and a common seal and with power to sue and to be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for and in connection with its functions under this Law.

5. Appointment of Board members The Chairman and members of the Board shall be appointed by the Governor.

6. Composition of Board, tenure and remuneration of members (1) The Board shall consist of the following members all of whom shall be part-time members: (a) four persons one of whom shall be the Chairman of the Board, who are of proven integrity and have vast knowledge and experience in health management and other related matters; (b) a Medical Doctor in private practice; (c) the Permanent Secretary or his representative; (d) the Director of the Board; (e) a Registered Pharmacist; and (f) a Registered Nurse. (2) The Chairman and members of the Board shall serve on part-time basis for a term of three years and may be re-appointed for another term of three years. (3) The office of a member of the Board other than an ex-officio member, shall become vacant if - (a) he dies; or (b) he resigns his office by notice in writing given to the Governor; 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; or (ii) that he has been absent from five consecutive meetings of the Board without reasonable cause or excuse, except an ex-officio 3 member; (d) he has been convicted of a criminal offence involving fraud, dishonesty or moral turpitude; or (e) he is removed by the Governor for misbehaviour or for any other cause. (4) Members of the Board shall be paid such remuneration or allowances and sitting allowances, in the case of serving officers, as the Governor may from time to time determine.

7. Appointment of Director and Secretary (1) The Governor shall appoint any suitable medical consultant in the service of the Board of Ministry of Health who must have not less than ten years post-qualification experience, as Director of the Hospitals Management Board and Chief Executive for a tenure of three years which may be renewed for another period of two years. (2) The Board shall recommend a suitable person to the appropriate authority for appointment as Secretary. (3) The appropriate authority shall not be bound to accept the recommendation of the Board on such appointment and may if he considers it fit, appoint another suitable officer of the Board as Secretary and the appropriate authority's decision on such appointment shall be final.

8. Functions of the Secretary (1) The Secretary shall perform such administrative duties as may, from time to time be assigned to him by the Board or the Director. (2) Where the Secretary is absent at a meeting of the Board, the Chairman may appoint any suitable person from amongst serving administrative offices of the Board to act as secretary for the particular meeting.

9. Meetings of the Board (1) The Board shall hold meetings at least once every month at such places, times and days as the Chairman may decide. (2) The meeting of the Board shall be convened by the secretary on the direction of the chairman. (3) The Chairman may convene special meetings of the Board when at least three members of the Board request in writing that such meeting be convened. (4) A meeting convened in accordance with subsection 3 of this section shall be held within seven days from the date of such request. (5) Five members of the Board shall form a quorum 4 provided that the Director or his representative and the Permanent Secretary or his representatives are present.

10. Chairman to preside at meetings (1) The Chairman shall preside at all meetings of the Board and in his absence, members of the Board present shall nominate one of their members to preside at that meeting. (2) The person lawfully presiding at any meeting of the Board shall have an original as well as a casting vote. (3) When the Board desires to obtain the advice of any person upon any particular matter, the Board may co-opt such person to be a member for such meetings as may be required, and that person while so co-opted shall have all the powers of a member save that he shall not be entitled to vote on any question, and his presence at any meeting shall not count towards the constitution of a quorum.

11. Standing orders The Board may make standing orders governing its procedure at meetings, the keeping of the minutes of such meetings and the custody, production and use of the common seal, provided that such orders are not inconsistent with the provisions of this Law and provided further that such standing orders, when made shall be approved by the appropriate authority.

12. Validity of proceeding The validity of any proceedings of the Board shall not be affected by a vacancy in the membership of the Board or the absence of any member.

13. Members to disclose interest in contracts (a) has or acquires or claims any interest whether direct or indirect by way of profits, remuneration or other benefits in any contract entered into by the Board; or (b) may leave any interest or any claim in any contract proposed to be entered into by the Board, shall forthwith disclose such interests to the Board and shall not vote on any question relating to any such contract or proposed contract.

14. Functions of the Board (1) The functions of the Board shall be - (a) generally to administer, control and manage all hospitals and specialist medical nursing and surgical services established, maintained and controlled by the Government in the State; (b) to ensure that the standard of treatment and health care provided in all hospitals controlled by it are of the highest professional standard; (c) to purchase and supply stores, hospital equipment, drugs and dressings, subject to such limits as approved by the appropriate authority, such purchase to be as far as it is practicable from the Delta State Essential Drugs 5 Project; (d) to provide catering services in the hospitals. (2) The duty of operating the hospitals imposed by the foregoing subsection shall include, without prejudice to the extent of that duty, the duty of providing proper courses of instruction (including clinical instruction); and the Board may perform the last mentioned duty by arranging for medical, nursing and other para-medical employees of the Board to attend courses of instructions at institutions not controlled by the Board.

15. Powers of the Board (1) In addition to any powers conferred upon the Board by any other section of this Law, the Board shall have the power to do anything which in its opinion is calculated to facilitate the carrying on of its functions and activities. (2) (a) The Board by itself or employees, agents and servants shall have power to detain any person suspected of carrying Aids or its variants and such person shall be kept in the infections diseases ward specially designed for the handling of such, patients at the patient's expenses. (b) Any police officer or public officer shall assist the Board in the enforcement of the provisions of this subsection. (c) No liability shall attach for whatever wrong done in the execution or purported execution of this subsection. (3) Except with the approval of the appropriate authority the Board shall not have power - (a) to incur expenditure; or (b) to borrow money; or (c) to charge fees for any facilities provided by or by arrangement with the Board; or (d) to dispose of any immovable property

16. Delegation of functions of the Board The Board may delegate the performance of any of its functions to a body composed entirely of its members provided that no act of such body shall have effect until ratified by the Board.

17. Appropriate authority to give directives The appropriate authority may give the Board directives of a general or specific nature relating to particular matters, with regard to the exercise of its functions, and it shall be the duty of the Board to comply with such directives, provided that such directive are not inconsistent with the provision of this Law.

18. Financial provisions (1) The Government shall make to the Board payments by way of grant or loan or both grant and loan on such conditions and terms as the Government may approve. (2) Not later than the 30th day of June every year the Board shall prepare and submit to the appropriate authority a report of the activities of the Board and a financial statement of all receipts and expenditure by the Board during the period of twelve months ending on the 31 st day of December, of the preceding year. (3) The Board shall keep proper accounts of its revenue and for each financial year shall cause the accounts to be audited, soon after but not later than three months after the end of the financial year to which the accounts relate, by the Auditor-General of the State. (4) A copy of the annual report and the financial statement referred to in sub-section (2) and (3) of this section shall be laid before the Executive Council by the appropriate authority with or without comments or observations not later than thirty days after the appropriate authority has received them. (5) Notwithstanding the foregoing provisions of this section, it shall be mandatory for Board to brief the appropriate authority every quarter on its activities.

19. Power to make by-laws and regulations (1) The Board may with the approval of the appropriate authority make by-laws - (a) prohibiting or restricting the access of members of the public or of any class of members of the public to any premises vested in, occupied by or under the control of the Board or to any portion of such premises; (b) regulating the hours during which, the means whereby, the purposes for which and the conditions subject to which members of the public or any class of members of the public may have access to or egress from any such premises or portion thereof: (c) for ensuring the maintenance of good order and discipline amongst members of the public at any time when upon any such premises; (d) for preventing the unauthorised or improper use of or the willful or negligent occasioning of injury to any property owned, vested in, occupied by or under the control of the Board. (2) By-laws made under the provisions of this section, shall not come into force until they have been approved by the appropriate authority and published in such manner as he shall direct or until such later date as may be specified in the by-laws. (3) Bye-laws made under the provisions of this section may provide that for the contravention of any such by-law there may be imposed such penalty not exceeding a fine of ten thousand naira or, in default of payment, imprisonment for a term of one month as may be specified in the by- laws. (4) For the purpose of this section members of the Board as well as employees of the Board and medical or other staff at the hospitals or at any associated institutions or specialist services and in-patients at the hospitals shall not be deemed to be members of the public.

20. Pensions and gratuities Without prejudice to such steps as the Government may take to declare service under the Board approved service for the purpose of the Pensions Act the Board shall as regards any of its officers or servants in whose case it desires to do so, pay such pensions and gratuities or provide and maintain for them such superannuation schemes (whether contributory or not) as it may deem necessary.

21. Medical Advisory Committee (1) The Board may establish an advisory committee at its head office to be known as the medical advisory committee which shall consist of the following: (a) Chief Medical Director, Hospital Management Board - Chairman (b) Chief Dental Officer - Member (c) Chief Pharmacist - Member (d) All Zonal Medical Directors - Member (e) Chief Nursing Officer - Member (f) The Secretary. (2) The Medical Advisory Committee shall make recommendations through the Director to the Board in respect of medical practice in the State and also in respect of matters affecting medical personnel employed by thy Board.

22. Establishment of zonal management Committee The Board may establish such number of zonal management committees in the State, subject to the approval of the appropriate authority, as it may think fit.

23. Membership of Zonal Management committee A Zonal Management Committee shall consist of the following - (a) the Zonal Medical Director - Chairman (b) the Zonal Medical Officer of Health - Member (c) Zonal Pharmacist - Member (d) the Zonal Hospital Administrator /Secretary - Member (e) the Most Senior Dental Surgeon - Member (f) the Zonal Matron - member (g) the Zonal Health/Nursing Sister - member

24. Functions of zonal management committee (1) The functions of a zonal management committee shall be - (a) to control and manage the health institutions in the zone; (b) to account for the revenue and expenditure of the health institutions in the zone. (c) to purchase drugs, dressings, stores, furniture and equipment subject to such limit as to value as the Board may prescribe, and (d) to appoint and exercise disciplinary control over junior staff save that such disciplinary control shall not include power to dismiss or terminate the appointment of any junior staff. (2) The functions of the committee shall be exercisable on behalf of the Board and subject to such restrictions and directions as the appropriate authority may prescribe.

25. Conduct of committee business The conduct of the business of the zonal management committee shall be governed by such standing orders as may be issued by the Board and approved by the Governor.

26. Consultative committee (1) A zonal management committee shall have power to appoint a sub-committee of not more than five members one of whom shall be a member of the zonal management committee. (2) The decision of a sub-committee appointed under this sub-section shall be of no effect until it is confirmed by the zonal management committee.

27. Staff of committee (1) Each zonal management committee shall have such complement of administrative and accounting staff as may be necessary for the effective performance of its functions. (2) The Zonal Hospital Administrator shall be Secretary to the Zonal Management Committee.

28. Establishment of management committee for central, specialist and government hospitals. (1) The Management Committee for a central or specialist hospital shall consist of- (a) the Medical Director - Chairman (b) the Heads of Clinical Departments - Member (c) the Most Senior Pharmacist - Member (d) the Chief Matron - Member (e) the Most Senior Hospital Administrator - Member (f) the Most Senior Health/Nursing Sister - Member (g) the Secretary (2) The quorum at committee meetings shall be five members including the Chairman. (3) The specialists, consultants and members of the management committee of a central or specialist hospital shall elect one of the specialists or consultants to be head of such hospital for a period of one year and may re-elect such head of hospital for another term of one year only.

29. Membership of management committee (1) The management committee of a government hospital shall consist of- (a) the most Senior Medical Doctor as Chairman; (b) the most Senior Pharmacist; (c) the most Senior Nurse; (d) the most Senior Administrator; (e) the Secretary. (2) the quorum at committee meetings shall be three members including the chairman.

30. Board to prescribe functions Subject to any restriction and direction the Board may prescribe that the management committee of a government hospital shall perform such functions as may be assigned to it by the zonal management committee.

31. Regulations The appropriate authority may, with the approval of the Government make such regulations as may be necessary or expedient for- (a) enforcing the due performance of any duty imposed on and the effective exercise of any power conferred upon the Board by this Law; (b) ensuring the proper, efficient and economic use of any facilities or services provided by the Board in any health institutions; (c) ensuring the safety of persons upon any premises vested in, occupied by or under the control of the board; (d) the preservation of any property owned, vested in, occupied by or under the control of the Board; (e) providing for the conditions for admission into and attendance at any health institution as in- patient or out-patient, and the fees payable by such patient; (f) prescribing the course of a study to be pursued and examinations to be taken by medical, nursing and para-medical staff admitted to any of the health institutions in the State; (g) ensuring efficient arrangements for industrial safety and the prevention and control of fire; (h) providing for the proper and effective development of employees of the board; and (i) the holding of enquiries into alleged misconduct and breach of any section of this law by any employee of the board.

32. Use of Common seal (1) The fixing of the seal of the board shall be authenticated by the signature of the Chairman or of some other members of the Boards acting on his behalf and the signature of the Director or any other officer acting on his behalf, or the Permanent Secretary or any officer representing him on such occasion. (2) The appropriate authority or his authorised representative may at any time visit and inspect any health institution under the control of the Board.

33. Transitional provisions As from the date of commencement of this Law, the existing schemes of service for various grades of serving officers in the health service and all existing regulations for the time being shall remain in force as if made under the relevant provisions of this law until such time as the Board shall make its own scheme of service and regulations in accordance with the provisions of this law, such schemes of service not to come into effect until approved by the Governor.

34. Liability of members and employees and the Board No member or employee of the Board shall be personally liable for any act or thing done or omitted to be done by him in good faith while engaged in the business of the board.

35. Establishment of Life Saving Fund (1) There is hereby established for the Board a special Fund known as Life-Saving Fund (hereinafter called "the fund") in the sum of Ten Million Naira replenishable half yearly. (2) The fund shall be utilised exclusively for all emergencies brought to any of the health institutions under the control of the Board in circumstances where the patient is unknown or in a state of unconsciousness or absolute helplessness. (3) The Fund shall be divided equally between all the medical zones of the Board which shall in its discretion allocate to each institution within the zone accordingly to need. (4) Each zone shall forward to the appropriate authority weekly returns giving details of any authorised expenditure incurred from the Fund. (5) Funds allocated to any health institution under this section shall be available and handed over from shift to shift at all times the institution is opened for services in the same manner as dangerousdrugs are held in the institution. (6) Any member, staff, employee or agent of the Board who misappropriates, coverts the money or facilities, drugs purchased with the funds or neglects, fails to administer the funds so as to meet its primary objective of officially saving life in need commits an offence punishable on conviction to a fine of two hundred and fifty thousand naira or ten years imprisonment or to both.