Delta State Traditional Medicine Board Law

DELTA STATE TRADITIONAL MEDICINE BOARD LAW

1. Citation. This Law may be cited as the Delta State Traditional Medicine Board Law.

2. Interpretation. In this Law- "Board" means the Delta State Traditional Medicine Board; "Commissioner" means the Delta State Commissioner for Health; "Executive Council" means the Delta State Executive Council; "functions" include powers and duties; "Government" means the Delta State Government; "member" means a member of the Board and it includes the Chairman; "Governor" means the State Ministry responsible for health matters; "State" means the Delta State of Nigeria; "traditional medicine" includes prescription, treatment, concoction or, and drugs indigenous to the Nigeria traditional society intended for curing or preventing disease or any other form of ill-health; "traditional health institution" means any health institution founded on traditional methods of healing, including- (i) herbalists homes; (ii) traditional birth attendance clinics; (iii) bone setting clinics; (iv) traditional institutions for the treatment of psychological and related illnesses; "traditional medicine practitioner" means a provider or purveyor of traditional medicine and includes herbalists, bone setters, traditional birth attendants and traditional midwives, healers of psychological and allied illness, traditional surgeons, herbal dealers and every other person whose beneficial practices fall within traditional medicine practice.

3. Establishment of the Board. (1) There is hereby established a body to be known as the Delta State Traditional Medicine Board. (2) The Board shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its own name.

4. Membership of the Board. (1) The Board Shall consist of- (a) a part-time Chairman; (b) not more than eight other members who have distinguished themselves in the practice of traditional medicine; (c) a representative of the Ministry; and (d) a secretary. (2) The members shall be appointed by the Governor. (3) The representative of the Ministry as ex officio member. (4) The Governor may by an order published in the State Gazette increase or reduce the membership of the Board.

5. Secretary of the Board. There shall be an officer of the Board to be known as the Secretary who shall be the chief administrative officer and chief adviser of the Board and shall have responsibility for the implementation of the policy decisions of the Board.

6. Tenure of office. Members of the Board other than an ex officio member shall hold office for a period of three years from the date of their appointments and may be eligible for re-appointment for not more than one other term.

7. Remuneration of members. There shall be paid to the members of the Board such remuneration and allowances as the Governor may determine.

8. Removal and revocation of appointees. (1) Any person appointed under section 4(2) of this Law may be reproved from office at any time by the Governor. (2) Without prejudice to the generality of subsection (1) of this section, if the Governor is satisfied that a member- (a) is absent front four consecutive meetings of the Board without the permission of the Commissioner and without reasonable cause; (b) is incapacitated by physical or mental illness from performing his functions as a member; or (c) is otherwise unable or unfit to discharge the functions of a member, Governor may revoke the appointment of that member. (3) Notwithstanding any thing contained in the instrument by which he is appointed, a member may resign his office by giving a month's notice in writing to the Governor.

9. Functions of the Board. (1) The function, of the Board shall be- (a) carry out the directive of the government on traditional medicine; (b) to appoint, promote and discipline its staff subject to guidelines based on the rules and regulations applicable in the Civil Service; (c) to regulate the practice of traditional medicine in the State; (d) to register traditional medicine practitioners and maintain a register of all traditional medicine practitioners in the State; (e) to compile and collate statistics of attendance of patients at traditional health institutions including the number of births and deaths occurring in such centres; (f) to formulate plans for the development of standards in traditional health institutions throughout the State; (g) to consider, approve and classify herbs for curing or preventing ailments; (h) to nationalise the different methods of traditional healing; (i) to propose and pilot the development of traditional herbs into preservable forms for easy prescription to patients; (j) to promote research into herbs and the various methods of traditional medicine treatment; (k) to promote research into traditional phenomena and beliefs and their roles in traditional medicine and healing methods; (l) to standardise the use of oracular divination in traditional medicine treatment; (m) to engage with other experts to identify and document the various herbs used in traditional medicine healing with their universally accepted scientific names.

10. Powers of the Board. (1) The Board shall have powers- (a) to standardise training in the art of traditional medicine practice; (b) to regulate the code of conduct and practice of traditional herbalists and traditional medicine practitioners; (c) to establish within the State registration offices for purposes of registering traditional herbalists, birth attendants, and other practitioners within the State; (d) to issue licence to registered traditional medicine practitioners; (e) to charge and collect fees for registration and to review such fees with the approval of the Commissioner for Health; (f) to confer the title "Registered Traditional Medicine Practitioner" on those accepted as qualified and registered traditional medicine practitioners; (g) to do anything necessary with the approval of the Commissioner which in his opinion shall ensure the achievement of the aims and objectives of this Law. (2) Notwithstanding any other powers conferred on the Board under this Law, the Board shall have the following powers- (a) subject to the approval of the Commissioner to borrow money and to invest the funds in the management of the Board; (b) to charge and collect fees for any facilities provided by or under an arrangement by the Board; (c) to publish books, journals and articles on traditional medicine and traditional healing.

11. Requirements for registration of traditional medicine practitioners. (1) The Board may demand from any applicant for registration as a traditional medicine practitioner, the, following- (a) details of the nature and scope of traditional healing practice; (b) the nature and identification of herbs used in such practice; (c) suitable premises for practice; (d) satisfaction of any conditions it may impose; and (e) any information it may require. (2) The applicant may be required to satisfy the Board regarding the adequacy of his experience by passing under the auspices of the Board.

12. Registration of practitioners and issuance of licence. (1) No traditional medicine practitioner shall be allowed to practice «unless he has been duly registered tinder the provisions of this Law. (2) No traditional medicine practitioner shall be registered unless he has satisfied all the prescribed conditions stipulated in this Law. (3) Application for registrations shall be made in the form prescribed in the First Schedule to this Law and shall be addressed to the Secretary of the Board. (4) For every registered traditional medicine practitioner the Board shall issue a certificate of registration. (5) A certificate of registration issued under this section shall be displayed in a prominent place in the premises accessible to all patients and intending patients. (6) A certificate of registration shall be in the form prescribed in the Second Schedule to this Law. (7) The registration of every traditional medicine practitioner shall be renewed annually and the registration shall be as determined by the Board from time to time. (8) For every renewal of registration, the Board shall issue, a certificate in the form prescribed in the Third Schedule to this Law.

13. Revocation of licences. The licence of any traditional medicine practitioner shall be revoked by the Commissioner upon recommendation of the Board that it is proper and in the public interest that such licence should be revoked and the name of such traditional medicine practitioner shall be removed from the register of traditional medicine practitioners.

14. Registration of traditional health institutions. (1) No person or community shall establish, run, manage, or conduct a traditional health institution unless such health institution has been duly registered under the provisions of this Law. (2) No traditional health institution shall be registered unless the citing of the building or buildings, general amenities and the sanitary conditions of the proposed institution have been approved by the Ministry on the recommendation of the Board and the prescribed fee for registration paid to the Board. (3) Application for registration of a health institution shall be made in the form prescribed in the Fourth Schedule to this Law and shall be addressed to the Secretary of the Board. (4) (a) For every registered traditional health institution, the Board shall issue a certificate of registration as in the Fifth Schedule. (b) A certificate of registration issued under this section shall be displayed in a prominent place in the premises accessible to all patients and intending patients; (c) A certificate of registration shall be in the form prescribed in the Fifth Schedule to this Law. (5) (a) The registration of every traditional health institution shall be renewed annually and the registration shall be as determined by the Board from time to time. (b) For every renewal of registration, the Board shall issue a certificate in the form prescribed in the Sixth Schedule to this Law.

15. Supervisory role of the Board. (1) The Board shall be responsible for the overall supervision of traditional medicine practitioners, traditional health and traditional healing institutions owned by traditional medicine practitioners. (2) The Board shall also be responsible for the supervision and maintenance of any traditional health institution that the Board may set up and operate by virtue of this Law.

16. Power of the Commissioner to give directives to the Board. Subject to the provisions of this Law, the Commissioner may give the Board directives of a general character or relating generally to a particular matter for the purpose of achieving the objectives of this Law, and it shall be the duty of the Board to comply with such directives.

17. Funds and resources of the Board. (1) The Board shall maintain a fund from which there shall be defrayed all expenditure incurred by the Board. (2) There shall be paid or credited to the fund- (a) such sums as may be appropriated from time to time to the Board by the Government; (b) all monies received by the Board by way of grants, subsidies, donations, gifts, charges, fees, subscriptions, interest, royalties, and whatever lawful soured; (c) monies raised by loan under the power to borrow vested in the Board by this Law; (d) all monies which may vest in the Board under any enactment or law; (e) all other sums or property which may in any manner become payable to or vested in the Board in respect of any matter incidental to its powers or duties.

18. Budgetary estimates. (1) The Board shall prepare and submit to the Commissioner not later than 30th of September an estimate of the income and expenditure for the next financial year. (2) The Board shall keep proper accounts in respect of each financial year, and proper records in relation to these accounts and shall cause the accounts to be audited as soon as may be after the end of the financial year to which the accounts relate by the Auditor- General.

19. Annual accounts and reports. (1) The Board shall prepare and submit to the Commissioner not later than 30th July in each financial year, a report in such form as the Commissioner may direct on the activities of the Board during the last preceding financial year and shall include in the report a copy of the audited accounts of the Board for that end of the year audit’s report on the account. (2) The Commissioner shall present the report made to him under this section to the Executive Council as soon as it is practicable. (3) For the purpose of the Board’s first report under this section, the last preceding financial year shall be deemed to include so much of any period before the beginning of that year starting with the date of the first meeting of the Board.

20. Power to make regulations. The Board may, with the approval of the Commissioner make regulations for the carrying into effect of the purpose of this Law and in particular may make regulations providing for- (a) securing the due performance of any duty imposed and the, effective exercise of any power conferred upon the Board by or under the provision of this Law; (b) securing the proper, efficient and economic maintenance, management, organisation, administration and operation of all traditional health institutions in the State; (c) securing the proper, efficient and economic maintenance, management, organisation, administration and use of any facilities or services of any description provided by or at the expense of the Board at all traditional health institutions in the State.

21. Use of drugs. It shall be an offence for a traditional medicine practitioner registered under this Law to use orthodox drugs which fell under the Dangerous Drugs Act, or orthodox methods unless qualified and registered to do so under any other law in force in Nigeria.

22. Offences and penalties. (1) With effect from a date to be appointed by the Governor by an order published in the State Official Gazette, traditional medicine practitioners who are not registered under the Law shall be prohibited from engaging in traditional healing methods within the State. (2) With effect from the date specified by the Governor under subsection (1) of this section, it shall be an offence for any person to engage in the practice of traditional medicine and healing in the State without registration and a valid, licence issued by the Board. (3) Any person found guilty of contravening section 17 and subsection (2) of this section shall be liable to imprisonment for six months or to a fine of twenty thousand naira or both. Schedule 1 DELTA STATE TRADITIONAL MEDICINE BOARD LAW [Section 12 (3).] Application for Registration as a Traditional Medicine Practitioner

1. Name: .................................................................................................................................................

2. Address: .............................................................................................................................................. (indicate L.G.A.) ...................................................................................................................................

3. Basic Education Qualification: (tick the appropriate boxed)- (i) Illiterate; (ii) Primary School Certificate; (iii) Senior School Certificate or equivalent; (iv) Diploma/Degree or other higher qualification. Type of Practice- (i) General practice; (ii) Bone Setting, Massage; (iii) Traditional Bed Practice; (iv) Mental Health Practice; (v) Oracular, Spiritual Healer; (vi) Others.

5. Category of Registration being sought- (i) Category A; (ii) Category B; (iii) Category C.

6. Are you working with a partner of have a family practice? Indicate Name(s) Yes/No- ..................................................................................................................................

7. Years of practice ........................................................................................................................

8. Indicate, break-through healings or other attainments/achievements- ................................................................................................................................................... ................................................................................................................................................... ...................................................................................................................................................

9. State why you seek the particular category of registration- ................................................................................................................................................... ................................................................................................................................................... ...................................................................................................................................................

10. State any publication(s)- ................................................................................................................................................... ................................................................................................................................................... ...................................................................................................................................................

11. State any affiliations with any body- (a) Local (within Nigeria) ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... (b) Abroad- ................................................................................................................................................... ................................................................................................................................................... References- (i) ................................................................................................................................................... ................................................................................................................................................... (ii) ................................................................................................................................................... ................................................................................................................................................... (iii) ................................................................................................................................................... ................................................................................................................................................... DECLARATION I hereby depose that all the information herein contained are true to the best of my knowledge and in compliance with the Oaths and Affirmations Law of Delta State [Cap. 107 of 1976. Cap. O1] ................................................ Signature of Deponent Sworn to before me this .................................................................................... day of .................................

20.............. COMMISSIONER FOR OATHS Schedule 2 DELTA STATE TRADITIONAL MEDICINE BOARD LAW [Section 12 (6).] Delta State Traditional Medicine Board Law Certificate of Registration This is to certify that ....................................................................................... of ......................................................... has been registered as a Traditional Medicine Practitioner under the Traditional Medicine Board Law. Category of Registration .................................................................................................................. Registration No .................................................................................................................................. Expiry Date of Registration: .................................................................................................................. Renewal Date: .................................................................................................................................... Dated this ......................................................................... day of .....................................

20.............. CHAIRMAN TRADITIONAL MEDICINÈ BOARD Schedule 3 DELTA STATE TRADITIONAL MEDICINE BOARD LAW Delta State Traditional Medicine Board Law Renewal of Registration Certificate [Section 12 (8).] This is to certify that the registration of ........................................................ of ................................................................... as Traditional Medicine Practitioner has been renewed for a period of twelve months. This Renewal expires on ......................................... day of ......................, 20.............. Original Registration No. and Date: .................................................................................................... Renewal Registration No.: .................................................................................................................... Dated this................................................................. day of .........................

20......................... CHAIRMAN TRADITIONAL MEDICINE BOARD Schedule 4 DELTA STATE TRADITIONAL MEDICINE BOARD LAW [Section 14 (3).] Delta State Traditional Medicine Board Law Application Form for Registration of Traditional Medicine Health Institution under the State

1. Name of Health Institution: .....................................................................................................

2. Addresses of Health Institution: ......................................................... Local Government Area: ......................................................................................................................................................

3. Name of Traditional Medicine Practitioner-In-Charge: .......................................................

4. Type of Institution: ........................................................................................................... ............................................................................................................................................. ...................................................... Signature or Thumb Print of Applicant Name (Printed): .................................................. Contact Address: .............................................. Date: ........................................................... Photocopy of valid Tax Clearance Certificate and Registration of Business Premises as well as original copy of a letter of authentication from Herbalist Association of Delta State or the Traditional Ruler of his/her hometown. Schedule 5 DELTA STATE TRADITIONAL MEDICINE BOARD LAW [Section 14 (4) (a).] Delta State Traditional Medicine Board Law Certificate of Registration of Institution This is to certify that ................................................................. at ..................................................... has been registered as a health institution under the Delta State Traditional Medicine Board Law. Type of Institution: ............................................................................................................... Registration No.: ..................................................................................................................... Expiry Date: .......................................................................................................................... Renewal Date: ......................................................................................................... Dated this ............................................................ Day of .............................. 20........... CHAIRMAN TRADITIONAL MEDICINE BOARD Schedule 6 DELTA STATE TRADITIONAL MEDICINE BOARD LAW [Section 14 (5) (b).] Delta State Traditional Medicine Board Law Renewal of Registration Certificate of Health Institution This is to certify that the registration of ....................................................................... at ........................................................................... has been renewed for a period of twelve months. This renewal expires on ............................... day of ..................... 20................... Original Registration No. and Date: .......................................................................................... Renewal Registration No.: ....................................................................................................... Dated this ........................................................... day of ......................................

20.............. CHAIRMAN OF TRADITIONAL MEDICINE BOARD