Here is the second part (if you missed the first part check here), please continue to read.....
(13) NMA calls for immediate withdrawal of CBN circular
authorizing the Medical Laboratory Science Council of Nigerian (MLSCN)
to approve licenses for the importation of in vitro diagnostics (IVDS).
It is so petty that NMA is going on strike because the Federal
Government (which means well for Nigerians), has taken the bull by the
horn to making sure that fake/ substandard diagnostic consumables are
removed from the system, by effectively empowering MLSCN-the Agency who
has the statutory function to do this job. Sections 4b, and 4e of MLSCN
act 11 2003 provides- the function of the board are
(B) Regulate the Practice of Medical Laboratory Science in Nigerian.
(c) Regulate the production, importation, sales, and stocking of diagnostic reagents and chemicals.
Section 19 of the MLSCN act mandates MLSCN Board to also make rules.
Section 19(d) goes thus-the board may make rules for the maintenance of
good standard of Medical Laboratory practice and services with respect
to the regulation and control of private practice including statutory
inspection, approval, and monitoring of all Medical Laboratories
including those adjoined to Clinics, Private and Public Health
Institutions. Instead of NMA to partner with MLSCN to kick fake
diagnostics out of Nigeria, she is out there encouraging quackery and
fighting a lost battle by being anti-Establishment.
(14) NMA wants immediate release of circular on retirement age. Dear
Nigerians by increasing retirement age from 60 to more years how will it
bring better productivity in the health sector? When within the next
ten years of a doctor starting work ,he can get to the zenith of his
career which work will he be doing? And when most of our consultants are
part time doctors because they work and have Clinics days only once a
week.
(15) NMA , Residency and Oversee
Training.NMA should look inwards and stop hiding under residency and
oversee training to encourage medical tourism and waste of tax payers
money. For self reliance and self determination the Alma Ata declaration
has a lot to help a young economy like Nigeria. Health has a lot to do
with socio-economic indices. Diseases in the tropics are not the same as
in the temperate region. Alma Ata declaration of 1978, encourages young
economies to look inwards locally in providing healthcare at low and
affordable manner. All over the world it is not only one group in the
health field that does residency. Veterinarians, Podiatrist, Medical
Physicist, Optometrist, Pharmacist, Physical Therapist, Doctors of
Ethnomedicine, Doctors of Holistic Medicine, Doctors of Natural Medicine
etc all have residency program. Yet none of these group in Nigeria have
gone on strike because of no oversee residency program. A privilege is
not a right. There is no government law that says that Allopathic
Doctors can only become good doctors only when they go oversee.NMA
should stop encouraging this mentality that anything African is
inferior.NMA should know that what they are asking is not part of the
rules of engagement. This is the time for more humane and humble
request. Indian doctors are becoming one of the best doctors in the
world not because they are looking overseas but because they are looking
inwards.
(16) NMA insist on payment of
salaries of her member in Owerri. Her members should also meet part of
their own responsibilities and agreement as workers. NMA must learn to
obey constituent authority, and must make her members to be amenable to
discipline.
(17) NMA members and IPPIS
platform. NMA has always shown double standard on this issue. Before
now, members of NMA went on strike because of the Government policy that
all worker must be on IPPIS platform. How come it is now that NMA is
just waking up from sleep, to say that if her members are not on IPPIS
she will call her members for indefinite strike? The Government policy
is that if you are not on a pensionable appointment you cannot be on
IPPIS. So how can house officers and residents be on IPPIS when their
appointment is not permanent? Moreover the 2014 Call Budget Circular
from the Ministry of Finance provides that you cannot hold more than one
appointment and be placed in two places under IPPIS platform. When
IPPIS came many members of NMA opposed it because it did not allow them
to be on Government pay role in two places.
(18) NMA wants to go on strike because House Officers are said not to be
part of NARD-National Association of Resident Doctors. The big question
here is, are house officers also paid the same as their senior
residents? In as much that the House Officer is a junior resident while
the doctor in training to become a specialist is a senior resident the
duo cannot be part of any strike action even with their consultants,
because they belong to an Association and not a trade Union.NMA is only
calling for House Officers to be part of NARD for them to be part of
their numerous illegal strike action.
(19)
NMA accuses Medical Laboratory Scientists of harasment.NMA has shown
herself that she is a Joker. The world knows that it is the other way
round. That it is members of NMA that are harassing Medical Laboratory
Scientists in Nigerian. The number of Medical laboratory Scientist that
NMA members have instigated their sack/termination of
appointment/suspension is worrisome. But thanks are to the Most High for
the Judiciary who brings hope for the common man, by setting aside most
of the sack/termination/suspension. Medical laboratory Scientists are
people who do not act on impulse, or with impunity. Why is NMA resorting
to self help when issues she has with members of Association of Medical
Laboratory Scientists of Nigerian are in court? Why is she the judge in
her own case? The spirit of Medical Laboratory Scientists can never be
broken. We shall always move with great crescendo to protect patients’
interest and the public at large, despite the provocation and
lawlessness that is being perpetuated by members of NMA in the Health
Sector. The laws of the land shall be our strength, for he who holds the
mace of truth and justice can never falter. We cannot be intimidated by
her Goliath posturing.
(20) NMA says-‘the
endless circles of incomplete salary payment to our members in many
hospital in the name of short falls in personal cost must stop’. This is
the only legitimate demand out of the 24 demands by NMA because the
labourer is worthy of his wages. But NMA cannot call her members out for
strike based on this, because she is not a registered Trade Union but a
charity. This problem is not peculiar to only Allopathic Medical
Doctors but to all personnel working in the Health Sector.
(21) NMA in her number 21 demand states ‘universal application of all
establishment circulars on remuneration and condition of service for
doctors at all levels of Government must be guaranteed’. NMA is not
justified here, because this borders on Constitutional Matter. And the
Central Government has some limits to want they can impose on the State,
bearing in mind that we are practicing a Federal System of Government,
where power is shared among the three tiers of Government, the Federal,
State and the Local Government. NMA members should come to terms that
they are the employee and not the employer. It is very interesting to
note, that NMA who champions the lost battle, insists that the approved
Scheme of Service/circulars of other healthcare workers will never be
implemented is the one now agitating that even things not given by any
Scheme Service/circular must be implemented.
(22) NMA demands that Government must urgently set up a health trust
fund that will enhance the upgrading of hospitals.NMA is being
sentimental here, the problems of our hospital is not funding but
mismanagement and accountability. Even if the Government sets 100 trust
funds with billions of naira much will not come out of it, because the
hospitals are managed contrary to Government laws and principles.
Hospital/health administrators should be the ones to head and manage the
hospitals. Our hospitals have been poorly managed under the leadership
of Allopathic Physicians. When there is good management and
accountability Government set goals/objectives can be actualized.
(23) APPOINTMENT INTO THE OFFICE OF THE CMD/MD.
NMA is always doctoring and adding to organic laws. In her 23rd
demand, NMA stated “the position of the Chief Medical Director/Medical
Director must continue to be occupied by a medical doctor as contained
in the act establishing the tertiary hospitals. This position remains
sacrosanct and untouchable.” I can beat my chest and say that the
leadership of NMA have never seen nor read the content of University
Teaching Hospitals (reconstruction of boards) cap U15, LFN 2004 commonly
called decree 10 of 1985.There is no where it stated what NMA quoted
above. In fact the term medical doctor was never used in that document
or Act. Section 5 of the act provides;
(1) There shall be
for each hospital a Chief Medical Director who shall be appointed by the
president on such terms and conditions as may be specified in his
letter of appointment or as may be determined from time to time by the
Federal Government.
(2)The Chief Medical Director shall
(a)Be a person who is medically qualified and registered as such for a
period of not less than 12 years, and has had considerable
administrative experience in matters of health and holds a post graduate
medical qualification obtained not less than 5 years prior to the
appointment as chief medical director and
(b)Be charged
with the responsibility for the execution of the polices and matters
affecting the day to day management of the affairs of the hospital.
In the afore-mentioned Act, there is no place it said that the person
must be a Medical Doctor. The International best practice is that, it is
not only Medical Doctors that head Hospitals rather, in most places; it
is a qualified hospital/health administrator that manages the Hospital.
If you do a search on the internet on the criteria to become a truck
driver in USA, note that you will see that it says that the person must
be medically qualified. So does being medically qualified here mean that
one must be a medical doctor to be a truck driver? The capital answer
is “no”. It means being medically fit. The term medically qualified as
used in the act has been misinterpreted to mean a holder of a
certificate registrable by MEDICAL AND DENTAL COUNCIL OF NIGERIA.(MDCN).
Currently there is a case instituted in the Federal High Court Awka by
Comr. A. A Obi a distinguished Medical Laboratory Scientist and the suit
number is FHC/AWK/CS/38/2013.The suit is to interpret the meaning of
who is medically qualified as used in section 5 of the act. So why is
NMA and her members jumping the gun to go on strike on an issue before
the Court is that not subjudice? All along NMA has used acts of impunity
to undermine the rule of law. The organic law did not say the person
will be a Medical Doctor or be registrable with MDCN even though all
adverts for the posts of CMD/MD have come to illegally say so.
It is lucid that from the foregoing, certain questions arise. Can NMA
as an Association declare and call for strike, when it is not a Trade
Union? Is NMA above the law, that it can undermine the provisions of the
Constitution of the Federal Republic of Nigeria, by trampling on the
code of conduct for Public Officers as stated in the constitution?
Section 2 subsections 1,2 and 3 of the Trade Union Act, states “A trade
union shall not perform any act in furtherance of the purpose for which
it has been formed unless it has been registered under this act……………..”
section 2 subsection 2-where a trade union registered under this act
ceases to be registered, it shall not there after perform any action in
furtherance of this purpose…………….
section 2 subsection 3-if
any act which is prohibited by section (1) or (2) of this section, is
performed by a trade union, then
(a)The Union and every official thereof; and
(b) Any member thereof who, not being an official thereof, took any
active part in the performance of that act, shall be guilty of an
offence against this act.
NMA is not a registered Trade
Union, so she cannot be doing this, entrenching sabotage and acts of
impunity against the State. Above all, endangering the lives of the
citizens, she swore on oath to protect. A situation where NMA is going
on strike as a result of these frivolous demands is gross misconduct and
acts of negligence. Section 3 of 030301( h) of the Public Service Rule
terms negligence as a misconduct.030402 (e) terms absence from duty
without leave as serious acts of misconduct. Sabotage in 030402(t) is
also stated as serious misconduct. Section 33(1) of the Nigerian
Constitution 2011 as amended provides every person has a right to life
and no one shall be deprived intentionally of his life………section 172 of
the same Constitution states “A person in the Public Service of the
Federation shall observe and conform to the code of conduct of the
Federation “.
The fifth schedule part 1 code of conduct for Public Officers says:
(1) A public officer shall not put himself in a position where his
personal interest conflicts with his duties and responsibilities.
(9) A public officer shall not do or direct to be done, in abuse of
his office, any contrary act prejudicial to the rights of any other
person or contrary to.
It is so glaring that what NMA is asking is prejudicial and tramples on the rights of Nigerian Citizens.
(24) IN her 24 demand NMA forgot that she is an employee of the
Government and it is not for her to dictate on how Optometrist or
Medical Physicist should be paid. Nigeria is not Govern by the whims and
caprices of NMA but by laws and polices made by the Government.
source: www.medicalworldnigeria.com
Well that is all. What have i learned over the last few days interacting with my doctor friends? That is for another post *alert: it might be long*.
Thanks for stopping by and bearing with all this healthcare problem but we need to move forward in Nigeria. We don't need the healthcare system to crash when we have a lot of problems already.
Luv ya,
Petite Diva.....
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