Posted on: Mon 28-06-2021

Appalled by the continuous proliferation of quack training hospitals in Nigeria, Nursingworld has called on the government to review Section 21 of the Nursing and Midwifery Act.

Nurse Ayeni Adewale of Nursingworld Nigeria made this call at the public hearing and investigative meeting organized by the senate committee on Health in Abuja. This followed a call by the senate for Memorandums on the review of the Nursing and Midwifery Act 2020 

A submission was subsequently prepared by Nursingworld Nigeria to facilitate the process of consideration on the amendment of the Nursing and Midwifery (Registration etc.) Act Cap No.143, Laws of the Federation of Nigeria, 2004 with the Nursing and Midwifery (Registration etc.) Act (Amendment Bill, 2021 (SB.304)  

Highlights of the submission by Nursingworld Nigeria include

2. MEMBERSHIP OF THE COUNCIL

1. We submit that section 2(1)(i) of the Principal Act be expunged, as it has been earlier stated there is need to eradicate any form of undue influence by medical practitioners, most especially in the formation and establishment of the Nursing and Midwifery council. This would be effective in reducing the power imbalances and the friction and conflict that has always existed between these two professions.
2. In addition to 1 above, we suggest the appointment of a Nurse in private practice to be included on the Board of the Council. This could include Nurses in the Oil and Gas sector, Nurses in NGO, HMOs, School and Company Site Clinics

 

3. FINANCIAL PROVISIONS AND ANNUAL REPORTS

1. We suggest a provision on freedom of information. The database on how council finances are managed and appropriated should be made readily available to nurses and the general public. This would ensure a sense of accountability and transparency in the management and appropriation of finances.

 

6. PREPARATION AND MAINTENANCE OF THE REGISTER

1. We submit an amendment to section 6(3)(d) to include any fees imposed by the council in respect of the entry of names, should be 10 percent of the prevailing minimum wage. There should be inclusion of a provision on practicing fees:

(1) NO Nurse shall practice in any year unless he has paid to the Council in respect of that year the appropriate practicing fees prescribed hereunder---

a. in the case of a nurse of not less than 10 years standing – N10,000.00(Ten thousand naira)

b. in the case of a nurse of less than 10 years standing – N5000.00(Five thousand naira)

c. Free renewals for unemployed nurses

(2) A nurse during his service year in the National Youth Service Corps Scheme or enrolled in a school program shall be exempted from the payment of practicing fees.

(3) The Council may, with the approval of the Minister from time to time, vary the practicing fees to reflect current minimum wage

(4) The Council shall share the aggregate amount collected as practicing fees during the year as follows –

i. 70 per cent to the NANNM; and

ii. 30 per cent to the NMCN.

(5) Any NURSE who in respect of any year and without paying the prescribed practicing fees practices as such shall be guilty of an offence and shall be liable on conviction to;

(a) In the case of a first offence, to a fine of twice the prescribed practicing fees

(b) in the case of a second or subsequent offence, to a fine of not less than ten times the prescribed practicing fee, and if the NURSE is in the employment of any person, that person shall also be guilty of an offence and punished in like manner as the medical practitioner or dental surgeon unless he proves that the failure to pay the practicing fee was without his knowledge, consent or connivance. Professional Discipline.

1. In addition to section 6(6)(a), there should also be an option of communication by email. Sending a letter by post is not sufficient enough and is no longer an efficient means of communication in the modern world, as the world has gone digital,  there might be some occurrences such as a wrong address, or a case of a person moving out etc. In order to ensure fairness, all reasonable avenue to communicate such letter to that individual must be utilized. In this era of technology, the Electronic mail is the most reasonable method, as virtually everyone possesses this and is not likely to miss a message sent to him/her.

 

7. PUBLICATION OF THE REGISTER AND LISTS OF CORRECTIONS

1. In addition to section 7(1)(a), there should be a publication by print as well as an online publication and website feature to be able to verify a nurse online without recurse to any fee payment for real time verification of Nurses on the Council Register. This means is a lot easier, convenient and more accessible by the public. As has been stated earlier the world has evolved from the outdated way of carrying out activities. As this proposition is a more efficient way, it should be embraced. Proper cue should be taking from the action made by the pharmacy profession in creating a website whereby there is a provision of a public search, whereby pharmacist could be verified and checked. The website is hereby attached https://pcncore.azurewebsites.net/PublicSearch/SearchForPharmacist

8. REGISTRATION OF NURSES

1. Section 8 of the Principal Act should be amended with the insertion of a new sub section “(4)”- for a provision which stipulates the registration of nurses with university qualification such as Bachelor of Science in nursing, Master degree’s in nursing, Ph.D. in nursing etc. This is necessary in order to boost the professionalism and to portray an image of high standing skill and expertise in the profession.

13. STATE NURSING AND MIDWIFERY COMMITTEES

1. In addition to section 13(1), there should be an inclusion of a new sub section to include the police and a legal practitioner onto the membership of the committee in order to empower the profession as a whole in their fight against illegal training hospitals and quacks marauding as Nurses

15. SUPERVISION OF INSTRUCTION AND EXAMINATIONS LEADING TO APPROVED QUALIFICATIONS

1. In addition to Section 15 on instruction and examinations leading to approved qualifications, there should be an inclusion of the option of CBT (Computer based test) to simplify the process.

19. A VOIDANCE OF DUTY

1. It is proposed that the part of 19(1) imposing a punishment of suspension be expunged as this is too severe and harsh, as this punishment is not commensurate with the action. It further creates a sense of victimization.

20. OFFENCES

1. We suggest that section 20(6)(a) imposing a fine of 1,000 (One thousand naira) be changed to 1000,000(One million naira) and the part stipulating 50 ( Fifty naira) be changed to 50,000 (Fifty thousand naira). In Section 20(6)(b), the term of years for imprisonment should be changed from not exceeding two years to not exceeding ten years and the fine ought to also be changed from 2,000 ( Two thousand naira) to 2,000000( Two million  naira) and the part stipulating 50 (Fifty naira) be also be changed to 50,000(Fifty thousand naira).

21. UNAUTHORISED TRAINING

1. It is suggested that the part of section 21(a) be changed from a fine of 1000 (One thousand naira) to 1, 000000 (One million naira) with the option of imprisonment being changed from not exceeding 6 months to not exceeding ten years. The part of section 21(b) stating a fine of 2,000 (Two thousand naira) should be changed to 2, 000000 (Two million naira) with the option of imprisonment being changed from not exceeding 6 months to not exceeding ten years.

22. RESTRICTED EFFECT OF REGISTRATION OR USE OF NAME

1. It is suggested that the provisions of section 22 on the restricted effect of registration or the Use of names be expunged, as this undermines the ability, skills, knowledge and expertise of practitioners in the profession. There should be legal backing and provision that allows nurses to practice as Nurse consultants, just as it is attainable in other countries.

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