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HEALTH RECORDS OFFICERS (REGISTRATION, ETC.) ACT

ARRANGEMENT OF SECTIONS

PART I

Establishment of the Health Record Officers Registration Board of Nigeria, etc.

SECTION

1.   Establishment of the Health Records Officers Registration Board of Nigeria.

  1. Membership of the Board.
  2. Fund of the Board.
  3. Annual estimates, accounts and audit.
  4. Control of the Board by the Minister.
  5. Registrar and other employees of the Board.

PART II

Registration and related matters

  1. Preparation and maintenance of register.
  2. Publication of register and lists of corrections.
  3. Registration as health records officer.
  4. Temporary registration.
  5. Certificate invalid if given by unregistered person.
  6. Appointment not to be held by unregistered person.
  7. Prohibition of falsely professing to be a registered person.
  8. Recovery of fees.
  9. Securing registration through fraudulent means.
  10. Burden of proof of registration.

PART III

Training

  1. Approval of courses.
  2. Supervision of instruction and examinations leading to approved qualification.
  3. Power of the Board to consider matters relating to training.
  4. Certificate of experience.

PART IV

Professional discipline

  1. Establishment of the Disciplinary Committee and Investigating Panel.
  2. Proceedings of the Disciplinary Committee.
  3. Penalties for unprofessional conduct

SECTION

  1. Restoration of registration.
  2. Striking off entries from the register on grounds of fraud or error.
  3. Appeal to the Federal High Court.

PART V

Miscellaneous

  1. Regulations.
  2. Interpretation.
  3. Short title.

SCHEDULES

FIRST SCHEDULE

Supplementary provisions relating to the Board

SECOND SCHEDULE

Supplementary provisions relating to the Disciplinary Committee and
                                              the Inve
stigating Panel

THIRD SCHEDULE

Accepted minimum qualification for the purpose of registration on the
                                    register established under this Act

HEALTH RECORDS OFFICERS (REGISTRATION, ETC.) ACT

An Act to establish a Board for the control and practice of the profession of health
records management and matters relating thereto.

[1989 No. 39.]

[11th December, 1989]

[Commencement.]

PART I

Establishment of the Health Records Officers Registration Board of Nigeria, etc.

  1. Establishment of the Health Records Officers Registration Board of Nigeria

(1) There is hereby established for health records officers a body to be known as the
Health Records Officers Registration Board of Nigeria (in this Act referred to as "the
Board").

(2) The functions of the Board shall include the following, that is-

       (a)              determining what standards of knowledge and skill shall be attained by a per-
son seeking to become a member of the profession of health records manage-
ment and improving those standards from time to time as circumstances may
permit;

       (b)              securing in accordance with the provisions of this Act, the establishment and maintenance of a register of persons registered under this Act as members of
the profession and the publication from time to time of lists of those persons;

      (c)                conducting examinations in health records management and awarding certifi-
cates or diplomas to successful candidates as appropriate, and for such purpose
the Board shall prescribe fees to be paid in respect thereof; and

                             (d)               performing such other functions conferred on the Board by this Act.

  1. Membership of the Board

(1) The Board shall comprise the following members, that is-

       (a)        a chairman;

       (b)       two health records officers;

       (c)       four health records officers to represent the States in rotation for two years at a time;

      (d)      one person to represent schools involved in training members of the profession
in rotation for two years at a time;

      (e)        one health records officer to represent schools involved in training members  of the profession in rotation for two years at a time;

      (f)         one person to represent the Federal Ministry of Health;

       (g)       one person to represent public interest; and

       (h)       one person to represent the University Teaching Hospitals.

(2) All appointments in this section shall be made by the President on the recommendations of the Minister.

(3) The provisions of the First Schedule to this Act shall have effect with respect to
the matters therein mentioned.

[First Schedule.]

  1. Fund of the Board

(1) The Board shall establish and maintain a fund into which shall be paid-

       (a)       all fees and other moneys payable to the Board in pursuance of this Act; and

              (b)      such moneys as may be payable to the Board whether in the course of the discharge of its functions or otherwise.

(2) There shall be paid out of the fund of the Board-

              (a)      all expenditure incurred by the Board in the discharge of its functions under
this Act;

              (b)      the remuneration and allowances of the Registrar and other staff of the Board; and

              (c)       such reasonable travelling and subsistence allowances of members of the
Board in respect of the time spent on the business of the Board as the Board

may, with the approval of the Minister, determine.

4. Annual estimates, accounts and audit

(1) It shall be the duty of the Board to prepare and submit to the Minister not later
than the 31 st day of August of the year in which this subsection comes into force (so
however that the Minister may, if he considers it necessary, extend the period), and of
each subsequent year, an estimate of its income and expenditure during the next suc-
ceeding year.

(2) The Board shall keep proper accounts in respect of each year and proper records
in relation to those accounts and shall cause its accounts to be audited within six months
after the end of each year to which the accounts relate.

  1. Control of the Board by the Minister

The Minister may give to the Board directions of a general character or relating gen-
erally to a particular matter (but not to any individual person or case) with regard to the
exercise by the Board of its functions under this Act and it shall be the duty of the Board
to comply with the directions.

  1. Registrar and other employees of the Board

(1) The Board shall appoint a fit and proper person who is duly registered to be the
registrar for the purposes of this Act.

(2) The Registrar shall, in addition to his other functions under this Act, be the Sec-
retary to the Board and shall on the instructions of the chairman of the Board or any
committee of the Board convene meetings of the Board or of any committee of the Board and shall keep minutes of the proceedings of all such meetings.

(3) The Board may appoint such other persons to be employees of the Board as the
Board may determine to assist the Registrar in the exercise of his functions under this
Act.

(4) The Board may, whenever the Registrar is absent or for any other reason unable
to discharge the functions of his office, appoint an acting Registrar to discharge those
functions.

(5) The Registrar and other employees of the Board shall hold office on such condi-
tions as the Board may, with the approval of the Minister, determine.

PART II

Registration and related matters

  1. Preparation and maintenance of register

(1) It shall be the duty of the Registrar to prepare and maintain, in accordance with
rules made by the Board under this section, a register of the names, addresses, approved qualifications and of such other particulars as may be specified, of all persons, who are

entitled in accordance with provisions of this Act to be registered as health records offi-
cers and who apply in the specified manner to be so registered.

(2) Subject to the following provisions of this section, the Board shall make rules
with respect to the form of keeping of the register and the making of entries therein, and in particular-

       (a)              regulating the making of application for registration and providing for the evidence to be produced in support of such application;

       (b)              providing for the notification to the Registrar by the person to whom any registered particulars relate, of any change in those particulars;

       (c)               specifying the fees to be paid to the Board in respect of the entry of names on
the register and authorising the Registrar to refuse to enter a name on the register until any fees specified for entry has been paid;

       (d)              authorising a registered person to have any qualification which is, in relation to
his profession, whether an approved qualification or an accepted qualification
under section 9 (2) of this Act, registered in relation to his name in addition to
or, as he may elect, in substitution for any other qualification so registered; and

      (e)              specifying any other matters so required under the foregoing provisions of this
section,

but rules made for the purposes of paragraph (c) of this subsection shall not come into
force until they are confirmed by the Minister.

(3) It shall be the duty of the Registrar-

       (a)              to correct, with the directions of the Board, any entry in the register which the
Board directs him to correct as being in the opinion of the Board an entry
which was incorrectly made;

       (b)              to make from time to time any necessary alterations to the registered particu-
lars of registered person;

      (c)               to remove from the register the name of any registered person who has died or
has become insane or who has for any other reason ceased to be qualified to be
a member of the profession.

(4) If the Registrar-

      (a)              sends by post to any registered person a registered letter addressed to him at
his address on the register enquiring whether the registered particulars relating
to him are correct and receives no reply to that letter within three months from
the date of posting it; and

      (b)               upon the expiration of that period sends in like manner to the person in ques-
tion a second letter and receives no reply to that letter within three months
from the date of posting it,

the Registrar may remove the particulars relating to the person from the register; but the
Board may direct the Registrar to restore to the register any particulars removed there-
from under this subsection.

8. Publication of register and lists of corrections

(1) It shall be the duty of the Registrar-

      (a)               to cause the register to be printed, published and put on sale to members of the
public not later than two years from the beginning of the year in which this Act
comes into force;

      (b)               in each year after that in which a register is first published under paragraph (a)
of this subsection, to cause to be printed, published and put on sale as aforesaid
either a corrected edition of the register or a list of alterations made to each
register since it was last printed; and

      (c)               to cause a print of each edition of the register and of each list of corrections to
be deposited at the principal office of the Board; and it shall be the duty of the
Board to keep each register and lists so deposited open at all reasonable times
for inspection by members of the public.

(2) A document purporting to be a print of an edition of a register published under
this section by authority of the Registrar in the current year or documents purported to be
prints of an edition of a register so published in the current year, shall (without prejudice
to any other mode of proof) be admissible in any proceedings as evidence that any person
specified in the document, or the documents read together as being registered, is so reg-
istered and that any person not so specified is not so registered.

  1. Registration as health records officer

(1) Subject to section 27 of this Act and to rules made under section 7 (2) thereof, a
person shall be entitled to be registered under this Act and being so registered to receive a
registration certificate if-

     (a)         he has attended a course of training approved by the Board under section of this Act;

            (b)         the course was conducted at an institution so approved, or partly at one of such
institutions and partly at another;

           (c)          he holds at least one of the qualifications prescribed in the Third Schedule to
this Act for the purpose of registration on the register and has complied with
the other requirements prescribed under section 7 (2) of this Act;

[Third Schedule.]

  (d)            he holds a certificate of experience issued in pursuance of section 20 of this Act;

                     (e)            he is of good character; and

                     (f)             he thereafter pays any prescribed fee.

(2) Subject to section 27 of this Act and to rules made under section 7 (2) of this Act,
a person shall also be entitled to be registered under this Act and being so registered to
receive a registration certificate, if he satisfies the Board-

              (a)       that he holds a qualification granted outside Nigeria for the time being ac-
cepted by the Board for the purposes of this subsection as respects the profession;

             (b)       that in the country in which the qualification was granted, he was under no
legal disability in the practice of the profession;

                               (c)        he holds a certificate of experience issued in pursuance of section 20 of this Act;

                              (d)       that he is of good character; and

                            (e)        he thereafter pays any prescribed fee.

(3) The Board shall from time to time publish in the Federal Gazette particulars of
the qualifications for the time being accepted as aforesaid.

(4) The qualifications specified in the Third Schedule to this Act are those accepted
for the time being by the Board as the minimum qualifications for the purpose of regis-
tration on the register maintained under section 7 of this Act.

[Third Schedule.]

(5) Subject as aforesaid, a person shall be entitled to be temporarily registered under
this Act in cases specified in section 10 of this Act.

10. Temporary registration

(1) Where a person satisfies the Board-

       (a)              that he has been selected for employment for a specific period in a capacity in which a registered person under this Act would normally be employed and that he is or intends to be in Nigeria temporarily for the purpose of serving for that period in the employment in question;

       (b)              that he holds or has passed examinations necessary for obtaining some qualifications granted outside Nigeria which is for the time being accepted by the Board for the purpose of this Act as respects the capacity in which, if employed he is to serve; and

                                (c)              he pays any fees prescribed for registration,

the Board may, if it thinks fit, give a direction that he shall be temporarily registered.

(2) The temporary registration of a person shall continue only while he is in such
employment as is mentioned in subsection (1) (a) of this section and shall cease-

       (a)             on the termination of the period of employment specified to the Board under that subsection; or

                                (b)             on the termination of the said employment before the end of that period, whichever first occurs.

(3) Nothing in subsection (2) of this section shall preclude the Board from giving a
further direction under subsection (1) of this section in respect of a specific period, the
commencement of which coincides with the termination of another such period.

(4) A person who is temporarily registered shall, in relation to his employment men-
tioned under subsection (1) (a) of this section, and to things done or omitted to be done in the course of that employment, be deemed to be fully registered, but in respect of other matters he shall be treated as not so registered.

(5) In case of doubt as to whether a person's employment has been terminated, the
decision of the Board shall be conclusive for the purposes of subsection (2) of this see-
tion.

(6) The Registrar, as directed, from time to time, by the Board, shall remove from the
register the name of any person ceasing to be entitled to the benefit of this section.

11. Certificate invalid if given by unregistered person

A certificate required by any written law from any class of persons for whom a regis-
ter is maintained under this Act shall not be valid unless the person signing it is registered
in accordance with this Act.

12. Appointment not to be held by unregistered person

(1) Subject to the provisions of this Act, no person, not being registered as a health
records officer, shall be entitled to hold any appointment in the civil service of the Fed-
eration or of a State or in any public or private establishment, body or institution, if the
holding of such appointment involves the performance by him in Nigeria of any act per-
taining to the profession.

(2) Nothing in this section or in any other provisions of this Part of this Act shall pre-
vent a person from holding any appointment referred to in subsection (1) of this section
while he is undergoing training for the purpose of becoming qualified for registration
under this Act and the training is done under the supervision of persons who are regis-
tered in accordance with this Act.

13. Prohibition of falsely professing to be a registered person

Any person, not being registered on any register maintained under section 7 of this
Act, who holds himself out to be so registered or uses any name, title, description or
symbol calculated to lead any person to infer that he is so registered or is a member of the
profession, shall be guilty of an offence and liable on conviction for a first offence to a
fine of not less than N100 nor more than N200 or to imprisonment for a term of six
months or to both such fine and imprisonment, and on conviction for a second or any
subsequent offence to imprisonment for a term of not less than one year nor more than
three years.

14. Recovery of fees

(1) Subject to the provisions of this Act, a registered health records officer shall be
entitled to recover his fees for professional services by action in any court of competent
jurisdiction.

(2) No fees shall be recoverable by legal proceedings in respect of any act pertaining
to the profession of a registered person when performed by a person who is prohibited
from performing such act.

15. Securing registration through fraudulent means

(1) If any person for the purpose of procuring the registration of any name, qualifica-
tion or other matter-

       (a)       makes a statement which he knows to be false in a material particular; or

      (b)       recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence.

(2) If the Registrar or any other person employed by the Board, wilfully makes any
falsification in any matter relating to any register maintained under this Act he shall be
guilty of an offence.

(3) A person guilty of an offence under this section shall be Iiable-

       (a)              on conviction in a court of inferior jurisdiction, to a fine not exceeding N100;

       (b)       on conviction in a High Court, to a fine not exceeding N1,000 or to imprisonment for a term not exceeding two years, or to both such tine and imprisonment.

   (4) Where an offence under this Part of this Act which has been committed by a body
corporate is proved to have been committed with the connivance of or is attributable to
any neglect on the part of any director, manager, secretary or other similar officer of the
body corporate or any person purporting to act in any such capacity, he, as well as the
body corporate shall be deemed to be guilty of that offence and shall be liable to be pro-
ceeded against and punished accordingly.

16. Burden of proof of registration

In any criminal proceedings against any person upon a charge of having performed an
act which constitutes an offence if performed by an unregistered person, the person
charged shall be deemed to be unregistered, unless he proves the contrary.

PART III

Training

17. Approval of courses

(1) Subject to subsection (2) of this section, the Board may approve for the purpose
of section 7 of this Act-

       (a)              any course of training which is intended for persons seeking to become members of the profession under this Act and which the Board considers is de-
signed to confer on persons completing the training sufficient knowledge and
skill for the practice of the profession;

       (b)              any institution whether in Nigeria or elsewhere which the Board considers
properly organised and equipped for conducting the whole or any part of the
course of training approved by the Board under this section; and

      (c)               any qualification which, as a result of examinations taken in conjunction with
the course of training approved by the Board under this section, is granted to
candidates reaching a standard at the examination indicating that they have
sufficient knowledge and skill to practise the profession to which the qualifi-
cation relates.

(2) The Board shall, from time to time, publish in the Federal Gazette a list of quali-
fications relating to the profession approved by it for the purposes of subsection (1) of
this section

 (3) The Board may, if it thinks fit, withdraw any approval given under this section in
respect of any course, qualification or institution; but before withdrawing such approval
the Board shall-

      (a)               give notice that it proposes to do so to persons in Nigeria appearing to the Board to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be;

       (b)              afford each such person an opportunity of making representations to the Board
with regard to the proposal; and

      (c)               take into consideration any representations made as respects the proposal in pursuance of paragraph (b) of this subsection.

(4) Any period during which approval of the Board under this section for a course,
institution or qualification is withdrawn, the course or qualification shall not be treated as
approved under this section; but the withdrawal of such an approval shall not prejudice
the registration or eligibility for registration of any person who by virtue of the approval
was registered immediately before the approval was withdrawn.

(5) The giving or withdrawal of an approval under this section shall have effect from
such date, after the execution of the instrument signifying the giving or withdrawal of the
spproval, as the Board may specify in that instrument and the Board shall-

       (a)              cause to be published a copy of every such instrument in the Federal Gazette;
and

       (b)              not later than seven days before its publication as aforesaid, send a copy of the
instrument to the Minister.

18. Supervision of instruction and examinations leading to approved qualification
       (1) The Board shall keep itself informed of the instruction given at approved institu-
tions to persons attending approved course of training; and the examinations as a result of
which approved qualifications are granted.

(2) For the purpose of performing the duty specified in subsection (1) of this section,
the Board may appoint either from among its own members or otherwise, persons to visit approved institutions or attend such examinations.

(3) A person appointed under this section shall report to the Board on-

              (a)       the sufficiency of the instruction given to persons attending approved courses
of training at the institution visited by him;

                               (b)       the sufficiency of examinations attended by him; and

             (c)       any other matter relating to the institution or examinations on which the Board may, either generally or in a particular case, request him to report,

but no such person shall interfere with the giving of any instruction or the holding of any
examination.

(4) On receipt of a report in pursuance of this section, the Board shall as soon as may
be send a copy of the report to the person appearing to the Board to be in charge of the
institution or responsible for the examinations to which the report relates requesting that

person to make representations to the Board within such time as may be specified in the request, not being more than one month beginning with the date of the request.

19. Power of the Board to consider matters relating to training

(1) The Board may report to the Minister and seek his approval upon all matters re-
lating to the professional and technical training and other qualifications required for ad-
mission to the profession under this Act and the conditions of practice after registration.

(2) The Minister may require the Board to advise him on any matter referred to in
subsection (1) of this section.

20. Certificate of experience

(1) A person who, after obtaining an approved qualification, satisfies the conditions
mentioned in subsection (2) of this section shall be entitled to receive free of charge a
certificate of experience in the prescribed form from the person in charge of the institu-
tion mentioned in that subsection.

(2) The conditions which a person must satisfy under subsection (1) of this section
are-

       (a)              he shall have served his time for the prescribed period in Nigeria with a view to obtaining a certificate of experience;

       (b)              he shall have acquired during his employment practical experience under the personal supervision and guidance of one or more registered health records officers for such periods as may be prescribed; and

      (c)               the manner in which he carried out the duties of his employment and his con-
duct during the period of his employment shall have been satisfactory.

(3) It shall be the duty of the employer being a registered health records officer super-
vising the work of persons employed with a view to obtaining a certificate of experience,
to secure that the last mentioned person is afforded proper opportunities of acquiring the
practical experience required for the purposes of paragraph (b) of subsection (2) of this
section.

(4) Where, after having served his time as mentioned in paragraph (a) of subsec-
tion (2) of this section, a person is refused a certificate of experience he shall be en-
titled-

       (a)              to receive from his employer particulars in writing of the grounds of the refusal; and

       (b)              to appeal from the refusal to a committee of the Board in accordance with rules
made by the Board in that behalf (including rules as to the time within which
appeals are to be brought),

and on any such appeal the committee shall either dismiss the appeal or itself issue the
certificate of experience in question or give such other directions in the matter as it con-
siders just.

(5) Regulations may provide for the issue of certificates of experience in respect of
employment and institutions outside Nigeria.                                                          

 

                                                                    PART IV

Professional discipline

21. Establishment of the Disciplinary Committee and Investigating Panel

(1) There shall be established a body to be known as the Health Records Officers
Disciplinary Committee (in this Act referred to as "the Disciplinary Committee") which
shall be charged with the duty of considering and determining any case referred to it by
the panel established by the following provisions of this Act.

(2) The Disciplinary Committee shall consist of the chairman of the Board and six
other members of the Board elected from members holding office by virtue of para-
graphs (b), (c) and (d) of subsection (1) of section 2 of this Act.

(3) There shall be a body to be known as the Health Records Officers Investigating
Panel (in this Act referred to as "the Investigating Panel") which shall be charged with
the duty of-

       (a)               conducting preliminary investigation into any case where it is alleged that a
registered person has misbehaved in his capacity as such or should for any
other reason be the subject of proceedings before the Disciplinary Committee;
and

                                (b)              deciding whether the case should be referred to the Disciplinary Committee.

(4) The Investigating Panel shall be appointed by the Board and shall consist of five
members of the Board.

(5) The provisions of the Second Schedule to this Act shall, so far as applicable to the
Disciplinary Committee and the Investigating Panel respectively, have effect with respect
to those bodies.

[Second Schedule.]

22. Proceedings of the Disciplinary Committee

(1) The chairman shall preside at every meeting of the Disciplinary Commi ttee.

(2) At any meeting of the Disciplinary Committee three members shall form a quorum.

(3) Any question proposed for decision by the Disciplinary Committee shall be de-
termined by the majority of the members present and voting at a meeting of the Disci-
plinary Committee at which a quorum is formed.

(4) At all meetings of the Disciplinary Committee each member shall have one vote
and, in the event of an equality of votes, the chairman shall have, in addition to a delib-
erative vote, a casting vote.

23. Penalties for unprofessional conduct

(1) Where-

      (a)              a person registered under this Act is convicted by any court or tribunal in
Nigeria or elsewhere having power to award punishment for an offence
(whether or not an offence punishable with imprisonment) which in the opin-
ion of the Disciplinary Committee is incompatible with the status of such pro-
fessional; or

       (b)              a registered person is adjudged by the Disciplinary Committee to be guilty of
infamous conduct in a professional respect; or

       (c)               the Disciplinary Committee is satisfied that the name of any person has been fraudulently registered,

the Disciplinary Committee may give a direction under subsection (2) of this section.

(2) Where any of the conditions stipulated in subsection (1) of this section occurs, the
Disciplinary Committee may give a direction under this subsection-

       (a)              ordering the Registrar to strike the person's name off the relevant part of the
register;

       (b)              suspending that person from practice for such period as may be specified in the
direction;

                                 (c)                reprimanding the person;

       (d)              ordering the person to pay to the Board any costs of and incidental to the pro- ceedings incurred by the Board; or

                                (e)              cautioning him and binding him over for a period not exceeding one year on

      one or more conditions as to his conduct during that period,

and any such direction may, where appropriate, include provision requiring the refund of
moneys paid or the handing over of documents or any other thing as the case may re-
quire.

(3) In any inquiry under this section, any finding of fact which is shown to have been
made in-

       (a)            any criminal proceedings in a court in Nigeria;

       (b)            any civil proceedings in a court in Nigeria,

shall be conclusive evidence of the fact found.

(4) If after due inquiry the Disciplinary Committee is satisfied that during the period
of binding over under paragraph (e) of subsection (2) of this section a person has not
complied with the conditions imposed thereunder, the Disciplinary Committee may, if it
thinks fit, impose anyone or more of the penalties mentioned in paragraphs (a), (b), (c)
and (d) of that subsection.

(5) A certificate under the hand of the chairman that any costs have been ordered to
be paid by a person under this section shall be conclusive evidence thereof.

24. Restoration of registration

      (1)Where the name of a person has been struck off from the register in pursuance of
a direction given under section 23 of this Act, the Disciplinary Committee may, if it
thinks fit, at any time direct the restoration of the person's name to the register.

(2) An application for the restoration of a name to a register under this section shall
not be made to the Disciplinary Committee before the expiration of such period from the
date of the striking off (and where he has duly made such application, from the date of his
last application) as may be specified in the direction.

(3) There shall be payable to the Board by any person on the restoration of his name
to a register in pursuance of a direction given under this section the like fees as would be
payable by that person on first becoming registered in that register.

25. Striking off entries from the register on the grounds of fraud or error

(1) If it is proved to the satisfaction of the Disciplinary Committee that any entry
made in a register has been fraudulently or incorrectly made, the Disciplinary Committee may direct that the entry shall be struck off from the register.

(2) A person may be registered in pursuance of any provisions of this Act notwith-
standing that his name has been struck off in pursuance of a direction given under sub-
section (1) of this section, but if his name was struck off on grounds of fraud he shall not
be registered except an application in that behalf is made to the Disciplinary Committee;
and on any such application the Disciplinary Committee may, if it thinks fit, direct that he
shall not be registered or shall not be registered until the expiration of such period as may
be specified in the direction.

(3) Any reference in this Act to the striking off from or the restoration to a register of
the name of a person shall be construed as including a reference to the striking off from
or the restoration to the register of any other registerable particulars relating to that per-
son.

26. Appeal to the Federal High Court

(1) Where the Disciplinary Committee-

       (a)              makes a finding and imposes a penalty on a registered person under section 23
of this Act; or

       (b)              rejects an application for restoration of a name to the register under section 24
of this Act; or

                                 (c)               directs the striking off of an entry from a register under section 25 (1) of this Act,

the Registrar shall give the person to whom the proceedings relate, notice in writing
thereof and such person may, within twenty-eight days from the date of service on him of
the notice, appeal to the Federal High Court.

(2) On any appeal under this section the Board shall be the respondent.

(3) No direction for the striking off of the name of a registered person from a register
under sections 23 and 25 of this Act shall take effect until the expiration of the time for
appealing or if an appeal is brought, until such time as the appeal is disposed of, with-
drawn or struck out for want of prosecution, as the case may be.

(4) The Federal High Court may, on an appeal under this section-

              (a)       confirm, vary or set aside any finding of fact, penalty imposed or direction
given by the Disciplinary Committee;

             (b)      confirm the rejection of the Disciplinary Committee of the application for restoration or direct the restoration of the name to the register;

                               (c)        remit the matter to the Disciplinary Committee for further consideration;

                              (d)       make such other order as to costs or otherwise, as may, to it, seem just,

but no proceedings before the Disciplinary Committee shall be set aside by reason only of
informality in those proceedings which did not embarrass or prejudice the appellant.

PART V

Miscellaneous

27. Regulations

Any power to make regulations, rules or orders conferred by this Act shall include-

(a)              power to make provisions for such incidental and supplementary matters as the
authority making the instrument considers expedient for the purposes of the in-
strument; and

        (b)              power to make different provisions for different circumstances.

28. Interpretation

In this Act, unless the context otherwise requires-

"accepted qualification" means a degree, diploma or other certificate prescribed un-
der section 9 of this Act;

"Board" means the Health Records Officers Registration Board of Nigeria estab-
lished under section 1 of this Act;

"health records" means a specialised branch of health management which embraces
all technical and clerical procedures associated with management of patients from pri-
mary health care to tertiary levels of care;

"health records management" includes logistics of admission and discharges rou-
tines, reception and registration, efficient appointment system, coding and classification
of morbidity and mortality dates, maintenance of waiting lists, preservation of health
medical records and provision of medical secretariat services;

"Minister" means the Minister charged with responsibility for matters relating to
health;

"profession" means the health records management profession;

"register" means a register maintained under this Act and "registered" shall be con-
strued accordingly;

"Registrar" means the Registrar appointed under section 6 of this Act;

"registration certificate" means a registration certificate issued under section 9 of
this Act; and

"student" means a person receiving basic training in an approved training school for
the purpose of the profession covered by this Act.

29. Short title

This Act may be cited as the Health Records Officers (Registration, etc.) Act.

SCHEDULES

FIRST SCHEDULE
[Section 2 (3).]

Supplementary provisions relating to the Board

Qualification and tenure of office of members

1. (1) A person other than a person appointed under section 2 (1) (a), (d), (f), (g), and (h) of
this Act shall not be a member of the Board unless he is a citizen of Nigeria and is fully reg-
istered as provided under this Act and in the case of the first members of the Board, such a
person shall be eligible for registration as a health records officer.

(2) Where a member of the Board ceases to hold office before the date when his term of office would have expired by the effluxion of time, the body or person by whom he was ap-
pointed or elected shall as soon as may be appoint or, as the case may be, elect a person to fill
the vacancy for the residue of the term aforesaid, so however that the foregoing provisions of
this sub-paragraph shall not apply where a person holding office as a member of the Board
ceases to hold office at the time when the residue of his term does not exceed one year.

(3) Subject to the provisions of this paragraph, a member of the Board other than a public officer, shall hold office for a period of three years from the date of his appointment and
shall be eligible for reappointment for a further period of three years; thereafter he shall no
longer be eligible for reappointment.

(4) A member of the Board, other than a public officer, may resign his appointment by a
letter addressed to the Minister and the resignation shall take effect from the date of the re-
ceipt of the letter by the Minister.

(5) The Minister may appoint any person who is registered to be a temporary member of
the Board during a long absence or the temporary incapacity by illness of any member; and
that person may, while the appointment subsists, exercise the function of a member under this
Act.

(6) The provisions of this paragraph shall have effect notwithstanding the provisions of
section 11 of the Interpretation Act, which relates to appointment.

[Cap. I23.]

Power of the Board

2. (1) Subject to sub-paragraph (2) of this paragraph and to any directions of the Minister
under this Act, the Board shall have powers to do anything which in its opinion is calculated
to facilitate the carrying on of its activities under this Act.

(2) The Board shall not have power to borrow money or to dispose of any property except with the prior consent of the Minister and shall not have power to pay remuneration (in-
cluding pensions), allowances or expenses to any employee of the Board or any other person
except in accordance with scales approved by the Minister.

Proceedings of the Board

3. (1) Subject to the provisions of this Act and of section 27 of the Interpretation Act (which
provides for decisions of a body to be taken by a majority of the members of the body and for
the chairman to have a second or casting vote), the Board may make standing orders regulat-
ing the proceedings of the Board or of any committee thereof or elect a temporary vice-
chairman in the absence of the chairman for the conduct of the affairs of the Board.

[Cap. I23.]

(2) The quorum of the Board shall be seven and the quorum of any committee of the Board shall be determined by the Board.

(3) At any time while the office of the chairman is vacant or the chairman is in the
opinion of the Board temporarily or permanently unable to perform the functions of his office,
the vice-chairman shall perform those functions and references in this Schedule to the chair-
man shall be construed accordingly.

(4) Subject to the provisions of any applicable standing orders, the Board shall meet
whenever summoned by the chairman; and if the chairman is required so to do by notice given
to him by not less than six other members, he shall summon a meeting of the Board to be held
within twenty-one days from the date on which the notice is given.

(5) At any meeting of the Board, the chairman or, in his absence, the vice-chairman
shall preside but if both are absent the members present at the meeting shall appoint one of
their number to preside at that meeting.

(6) Where the Board wishes to obtain the advice of any person on a particular matter,
the Board may co-opt him as a member for such period as it thinks fit, but a person who is a
member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the
Board and shall not count towards a quorum.

(7) Notwithstanding anything to the contrary, the first meeting of the Board shall be
summoned by the Minister who may give such directions as to the procedure to be followed at
that meeting, as he may deem fit.

Committees

4. (1)  The Board may appoint one or more committees to carry out on behalf of the Board,
such of its functions as the Board may determine.

    (2)  A committee appointed under this paragraph shall consist of the number of persons
determined by the Board and not more than one third of those persons may be persons who
are not members of the Board; and a person other than a member of the Board shall hold of-
fice on the committee in accordance with the terms of the instrument by which he is ap-
pointed.

(3) A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.

(4) A person other than a member of the Board shall hold office on a committee in ac-
cordance with the terms of the instrument by which he is appointed.

Miscellaneous

5.  (1) the fixing of the seal of the Board shall be authenticated by the signature of the  

chairman or of some other member authorised generally or specially by the Board to act for that purpose.

      (2) Any contract or instrument which if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed by a person generally or specially authorised by the Board to act for that purpose.

 

,.                                                                                                          SECOND SCHEDULE

                                                                             [Section 21 (5).]

                          Supplementary provisions relating to the Disciplinary Committee and  the Investigating panel                                                                                                                                                               

                                                                               The Disciplinary Committee

             1. (1)The Attorney-General of the Federation shall make rules as to the procedure to be
.   -      followed and the rules of evidence to be observed in proceedings before the Disciplinary
            Committee.

            2.   The rules shall in particular provide-

    (a)     for securing that notice of proceedings shall be given at such time, and in   such manner as may be specified by the rules, to the person who is the subject of the proceedings;

    (b)     for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

    (c)     for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Committee;

   (d)     for enabling any party to the proceedings to be represented by a legal practitioner;

   (e)     subject to the provisions of section 23 (2) (d) of this Act, for the cost of proceedings before the Disciplinary Committee;

   (f)       for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect that where the Disciplinary Committee adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct, in respect of the matter to which the allegation relates; and

(g)       for publishing in the Federal Gazette of notice of any direction of the Disciplinary Committee which has taken effect providing that a person's name shall be struck off a register.

3. (1) For the purpose of advising the Disciplinary Committee on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the Disciplinary Committee who shall be appointed by the Board on the recommendation of the Attorney-General of the Federation and shall be a legal practitioner of not less than seven years standing.

 (2) The Attorney-General of the Federation shall make rules as to the functions of asses-
sors appointed under this paragraph, and in particular such rules shall contain provisions for
securing-

                                 (a)   that where an assessor advises the Disciplinary Committee on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat, or, if the advice is tendered while the Disciplinary Committee is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered;

                                 (b)   that every party or person as aforesaid shall be informed if in any case the Disciplinary Committee does not accept the advice of the assessor on such a question as aforesaid.

                                                (3) An assessor may be appointed under this paragraph either generally  or for any particular proceedings or class of proceedings, and shall hold and vacate office' in accerdance with the terms of the instrument by which he is appointed.

The Investigating Panel

4. The quorum of the Investigating Panel shall be three.
5. (1) The Investigating Panel may, at any of its meeting attended by not less than four of its members, make standing orders with respect to the proceedings of the Investigating Panel.

(2) Subject to the provision of any such standing orders, the Investigating Panel may regulate its own procedure.

Miscellaneous

6(1)  A person ceasing to be a member of the Disciplinary Committee or the Investigating Panel shall be eligible for re-appointment as a member of that body.

     (2)  A person may, if otherwise eligible, be a member of both the Disciplinary Commitee and the Investigating Panel; but no person who has acted as a member of an Investigating
Panel with respect to any case shall act as a member of the Disciplinary Committee with re-
spect to that case.

7. The Disciplinary Committee or the Investigating Panel may act notwithstanding any vacancy in its membership and the proceedings of either body shall not be invalidated by any
irregularity in the appointment of a member of that body or subject to sub-paragraph (2) of
paragraph 5 of this Schedule, by reason of the fact that any person who was not entitled to do
so took part in the proceedings of that body.

8. The Disciplinary Committee and the Investigating Panel may each sit in two or more
places.

9. Any document authorised or required by virtue of this Act to be served on the Disciplinary Committee or the Investigating Panel shall be served on the Registrar.

10. Any expense of the Disciplinary Committee or the Investigating Panel shall be defrayed by the Board.

 

THIRD SCHEDULE
[Sections 9 (1) (c) and 9 (4).]

Accepted minimum qualification for the purpose of registration on the register established under this Act

                                                                    Profession                              Accepted qualification for registration

Health Records Management      1.     Diploma of the Health Records Officers' Registration Board of Nigeria.

                                                            2.       Any equivalent qualification.

                                                                                                                     3.      Degree, Higher National Diploma or Diploma in Health Studies
                                                                                                                               plus Diploma in Medical Records.

                                                                                                                    4.      United Kingdom Certificate in Medical Records plus Diploma
                                                                                                                              in Health Statistics.

 

   HEALTH RECORDS OFFICERS (REGISTRATION, ETC.) ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation