A BILL FOR THE ANTIQUACKERY ACT OF NIGERIA

ARRANGEMENT OF SECTIONS
SECTION
1. ESTABLISHMENT OF THE ANTIQUACKERY COMMMISION OF NIGERIA ETC.
2. FUNCTIONS OF THE COMMISSION AND COMMITTEES
3. COMPOSITION AND CONSTITUTION OF THE COMMISSION AND COMMITTEES
4. TENURE OF OFFICE
5. VACANCY IN THE COMMISSION
6. STANDING ORDER
7. SECRETARIAT
8. POWER TO MAKE STAFF REGULATIONS
9. PENSIONS ACT CAP 346 LAWS OF THE FEDERATION.
10. TRAINING PROGRAMME
11.  ESTABLISHMENT OF SPECIAL UNITS, ETC.
12. SPECIAL DUTIES OF THE UNITS.
13. OFFENCES
14. OTHER OFFENCES
15. CONFIDENTIALITY
16. OFFENCES BY HEALERS
17. COURT OF COMPETENT JURISDICTION
18. FORFEITURE
19. FINANCIAL PROVISIONS
20. MISCALLENOUS PROVISIONS
21. APPEALS AGAINST INTERLOCUTORY RULINGS
22. IMMUNITIES
23. REGULATIONS, RULES AND ORDERS
24. INTERPRETATION.
25. SHORT TITLE.

FIRST SCHEDULE
Supplementary provisions relating to the Commission

SECOND SCHEDULE
Registrable qualifications


A BILL FOR
THE ANTIQUACKERY ACT

 An Act to establish the Antiquackery Commmision of Nigeria (AQUACK) for the registration of medical, dental, all healing and health facilities, and enforcement of medical, dental and health professional laws and healing practices in Nigeria by ensuring that only qualified and registered practitioners practice their respective professions within the limits of all the extant professional medical, dental and health laws and regulations in Nigeria.
[ Commencement.]

ENACTED by the National Assembly of the Federal Republic of Nigeria.

ESTABLISHMENT OF THE THE ANTIQUACKERY COMMMISION OF NIGERIA ETC.

1: (1) There is established a body to be known as the Antiquackery Commmision of Nigeria (NAQUACK) (in this Act referred to as “the Commission”) which shall be constituted in accordance with and shall have such functions as are conferred on it by this Act. The Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued by the name aforesaid.

(2) Each state of the Federal Republic of Nigeria shall have a state branch of the Commission to be known as the State Antiquackery Committee (SAQUAT) (in this Act referred to as “the Committee”) which shall be constituted in accordance with and shall have such functions as are conferred on it by this Act, for the discharge of some or all the functions of the Commission at the state level.

(3) Where no particular mode of constitution or function of the state Committee is expressly stated in this Act, the state Committee shall be constituted along the form and manner of the Commission, with necessary tense, alterations and modifications of the constitution and functions of the Commission for the discharge of all or some of the functions of the Commission at the state level, provided always that the governor and the Commissioner of the state shall perform the functions of the President and Minister respectively as contained in this Act, while other members of the Commission who are not the appointees of the President, Governor, Minister or Commissioner, as the case may be, shall be members of the state Committee either in person or by representation.

(4) In the event of a conflict between the undertakings of the Commission and that of the state Committee, that of the Commission shall prevail.

FUNCTIONS OF THE COMMISSION AND COMMITTEES

2 (1)The Commission shall be responsible for:

(a) the enforcement and the due administration of the provisions of this Act;

(b) the investigation into all health or claim of health services and successes that are preventive, protective, investigative, promotive, curative or rehabilitative in respect of physical, mental and social well being, management or healing of human persons or any of their body parts in any place or health facilities in Nigeria.

(c) the co-ordination and enforcement of all medical and dental laws and coordination of enforcement of medical and dental functions conferred on any other person or authority;

(d) the adoption of measures to identify, trace, freeze, confiscate or seize proceeds derived from medical or dental quackery or the properties the value of which corresponds to such proceeds;

(e) the adoption of measures to eradicate the commission of medical or dental quackery;

(f) the adoption of measures which includes coordinated preventive and regulatory actions, introduction and maintenance of investigative and control techniques on the prevention of  medical or dental quackery;

(g) the facilitation of rapid exchange of scientific and technical information and the conduct of joint operations geared towards the eradication of medical or dental quackery;

(h) the examination and investigation of all reported cases of medical or dental quackery with a view to identifying individuals, corporate bodies or groups involved;

(i) the determination of the extent of financial loss and such other losses by government, private individuals or organizations occassioned by medical or dental quackery;

(j) collaborating with government bodies both within and outside Nigeria carrying on functions wholly or in part analogous with those of the Commission concerning:

(i) the identification, determination, of the whereabouts and activities of persons suspected of being involved in medical or dental quackery

(ii) the movement of proceeds or properties derived from the commission of medical or dental quackery;

(iii) the exchange of personnel or other experts,

(iv) maintaining data, statistics, records and reports on person, and organizations involved in medical, dental, human healing and health care delivery, for ease of exchange of vital information, data, records and reports amongst the practitioners in the field of human health.

(v) undertaking research and similar works with a view to determining the manifestation, extent, magnitude, and effects of medical and dental quackery and advising government on appropriate intervention measures for combating same

(k) determination and enforcement of professional, vocational and occupational limit of scopes amongst all the key professional, vocational and occupational players in the human medical, health and healing serves and endeavors in Nigeria based on the enabling laws creating the different professions, vocations and practices;

(l) taking charge of, supervising, controlling, coordinating all the responsibilities, functions and activities relating to the current investigation and prosecution of all offenses connected with or relating to medical or dental quackery;

(m) the coordination of all Medical and Dental Antiquackery Investigating Units in Nigeria;

(n) carrying out and sustaining rigorous public and enlightenment campaign against medical or dental quackery within and outside Nigeria and;

(o) carrying out such other activities as are necessary or expedient for the full discharge of all or any of the functions conferred on it under this Act.

(p) Making regulations with regard to the designation of some drugs as prescription drugs, as well as regulations for the dispensing of drugs in Nigeria; and enforce compliance.

(q) provision of online and offline medical and dental registers containing designations, registration identifications, additional qualifications, email and phone contacts and addresses of all the medical and dental practitioners in Nigeria to all the pharmacy shops and pathology laboratories in Nigeria.

(2) The Commission has power to:

(a) cause investigations to be conducted as to whether any person, corporate body or organization has committed any offence under this Act or other laws relating to medical and dental practice

(b) The Commission is charged with the responsibility of arresting and prosecuting all offenders of quackery as contained in this Act in courts of competent jurisdiction.

COMPOSITION AND CONSTITUTION OF THE COMMISSION AND COMMITTEES

3 (1) The Commission shall consist of a Chairman to be appointed by the President, and the following other members, that is:

(a) one representative of the Federal Ministry of Health who shall be a fully registered medical practitioner or dental surgeon;

(b) the Directors of Medical Services of the Ministry of Health of each State and of the Federation;

(c) the Director General the Department of State Security Services or his representative;

(d) one representative of each medical and dental specialization nominated by the National PostGraduate Medical College;

(e) Six representatives of the Universities Teaching Hospitals and private hospitals in Nigeria to be appointed by the Minister in rotation from among the Chief Medical Directors of the University Teaching Hospitals and Medical Directors of private hospitals or their representatives, however so that no two of such persons shall be from the same geographical zone of Nigeria;

(f) One representative each of: medical laboratory science, pharmacy, radiography, nursing, physiotherapy and optometry professions, to be appointed by the Minister;

(g) five members of which four shall be from the Nigerian Medical Association and one shall be from the Nigerian Dental Association;

(h) one representative each of: alternative medicine practitioners, patent medicine dealers, Christians, Muslims, Agnostics and Traditional Religion Practitioners;

(i) one representative of the Inspector General of Police who shall not be below the rank of Assistant Commissioner of Police or its equivalent.

(j) Secretary to the commission who shall be the head of administration shall be a medical practitioner of not less than 15 years standing with legal qualification

(k) the Chairman, Nigerian Communications Commission or his representative;

(l) one representative of the Nigerian Broadcasting Corporation

(2) The members of the Commission, other than the Chairman and the Secretary shall be part time members

4 (1) The Chairman and members of the Commission other than ex-officio members shall hold office for a period of four years and may be re-appointed for a further term of four years and no more

(2) A member of the Commission may at any time be removed by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct or if the President is satisfied that it is not in the interest of the Commission or the interest of the public that the member should continue in office.

(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of office of members of the Commission, the procedure of the Commission and the other matters therein mentioned. (First Schedule.)

VACANCY IN THE COMMISSION

5 (1)A member of the Commission may resign his membership by notice in writing addressed to the President and that member shall, on the date of the receipt of the notice by the President, cease to be member

(2) Where a vacancy occurs in the membership of the Commission, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however that the successor shall represent the same interest as his predecessor.

STANDING ORDER

6. The Commission may make standing orders for the regulation of its proceedings or those of any of its committees

THE SECRETARIAT

7 (1) There shall be established for the Commission a Secretariat that shall be headed by secretary who shall be appointed by the President.

(2) The secretary shall be:

(a) the head of the Secretariat of the Commission;

(b) responsible for the administration of the Secretariat and the keeping of the books and records of the Commission;

(c) appointed for a term of five years in the first instance and may be re-appointed for a further term of five years subject to satisfactory performance; and

(d) subject to the supervision and control of the Chairman and the Commission

(3) The Commission may, from time to time, appoint such other staff or second officers from government security or law enforcement agencies or such other private or public services as it may deem necessary, to assist the Commission in the performance of its functions under this Act.

(4) The staff of the Commission appointed under subsection (3) of this section, shall be appointed upon such terms and conditions as the Commission may determine after consultation with the Federal Civil Service Commission.

(5) For the purpose of carrying out or enforcing the provisions of this act, all officers of the Commission involved in the enforcement of the provisions of this act shall have the same powers, authorities, privileges (including power to bear arms) as are given by law to members of the Nigerian Police.

POWER TO MAKE STAFF REGULATIONS

8 (1) The Commission may, subject to the provision of this Act, make staff regulations relating generally to the conditions of service of the employees of the Commission and without prejudice to the generality of the foregoing, the regulations may provide for:

(a) the appointment, promotion and disciplinary control (including dismissal) of employees of the Commission; and

(b) appeals by such employees against dismissal or other disciplinary measures, and until the regulations are made, any instrument relating to the conditions of services of officers in the Civil Service of the Federation shall be applicable, with such modifications as may be necessary, to the employees of the Commission.

(2) Staff regulations made under subsection (1) of this section shall not have effect until approved by the Commission, and when so approved the regulations may not be published in the Gazette but the Commission shall cause them to be brought to the notice of all affected persons in such manner as it may, from time to time, determine.

PENSIONS PENSIONS ACT CAP 346 LAWS OF THE FEDERATION.

9 (1) Service in the commission shall be public service for the purpose of Pensions Act and, accordingly, officers and other persons employed in the commission, shall in respect of their service in the Commission, be entitled to pension, gratuities and other retirement benefits as are prescribed thereunder, so however that nothing in this act shall preventthe appointment of a person to any office on terms which preclude the grant of pension or gratuity in respect of that office.
(2) For the purpose of the application of the provisions of the Pensions Act, any power exercisable under the Act by a Minister or other authority of the Government of the Federation (not being the power to make regulations under Section 23 thereof) is hereby vested in and shall be exercisable by the Commission and not by any other person or authority.

TRAINING PROGRAMME

10. The Commission shall initiate, develop or improve specific training programmes for its law enforcement and other personnel charged with responsibility for the eradication of offences created by this Act and such programmes shall include:

(a) methods used in the detection of offences created under the this Act;

(b) techniques used by persons involved in offences created under this Act and appropriate counter-measures;

(c) detection and monitoring of the movement of persons, and the methodology and equipment intended to be used in the commission of offences under this Act;

(d) methods used for the transfer, concealment or disguise of such methodology;

(e) collection of evidence;

(f) law enforcement techniques;

(g) Legal prosecution and defence;

(h) dissemination of information on medical and dental quackery and related offences.

ESTABLISHMENT OF SPECIAL UNITS, ETC.

11 (1) For the effective conduct of the functions of the Commission, there shall be established the following units:

(a) the Antiquackery Investigation Unit;

(b) the Legal And Prosecution Unit;

(c) the Research Unit; and

(d) the Training Unit.

(e)  the General Unit

(2) Notwithstanding the provisions of subsection (1) of this section, the Commission has power to set up any committee as may be necessary to assist the Commission in the performance of its duties and functions under this Act.

SPECIAL DUTIES OF THE UNITS.


12 (1) The Antiquackery Investigation Unit shall be charged with responsibilities for:

(a) The prevention and detection of offences in violation of the provisions of this Act;

(b) The arrest and apprehension of medical or dental or other quacks;

(c) The investigation of assets and properties of persons arrested for committing any offence under this Act;

(d) The identification and tracing of proceeds and properties involved in any offence under this Act and the forfeiture of such proceeds and properties to the Federal Government; and

(e) Dealing with matters connected with extradition and mutual assistance in medical and dental quackery

(2) The Legal and Prosecution Unit shall be charged with responsibility for:

(a) Prosecuting offenders under this Act;

(b) Supporting the Antiquackery Investigation Unit by providing the unit with legal advice and assistance whenever it is required;

(c) Performing such other legal duties as the Commission may refer to it from time to time.

(3)  In addition to any other functions assigned to the Research Unit by the Commission, the unit shall be responsible for the designation of prescription drugs for the whole country.

(4) There shall be appointed for each of the Units a principal officer who shall be known by such designation as the Commission may determine.

OFFENCES

13 (1) A person who, not being a medical or dental practitioner, practices medicine or dentistry respectively without authorization, pursuant to the provisions of this Act, commits medical or dental quackery and is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine of Five Hundred Thousand Naira (N500,000) or to both such imprisonment and fine.

(2) Subject to the provision of Section 174 of the Constitution of the Federal Republic of Nigeria 1999 (which relates to the power of the Attorney-General of the Federation to institute, continue or discontinue criminal proceedings against any persons in any court of law), the Commission may compound any offence punishable under this Act by accepting such sums of money as it thinks fit, not exceeding the amount of the maximum fine to which that person would have been liable if he had been convicted of that offence.

(3) All moneys received by the Commission under the provisions of subsection (2) of this section shall be paid into the Consolidated Revenue Fund of the Federation.

(4) Only a registered medical practitioner or dentist may remove any tissue from a living person, use tissue so removed for any of the purposes stated in this Act or transplant tissue so removed into another living person.

(5) Only a registered medical practitioner or dentist, or a person acting under the supervision or on the instructions of a medical practitioner or dentist, may administer blood or a blood product to, or prescribe blood or a blood product for, a living person.

(6) Only a registered medical practitioner or dentist, or a person acting under the supervision or on the instructions of a medical practitioner or dentist, may remove or collect sample from a living person for the purposes of laboratory investigations and diagnosis

OTHER OFFENCES

14 (1) A person who willfully provides medical or dental services or practises medical or dental profession without medical or dental certification or authorization, with no verifiable scientific proof of the effectiveness of such services by the Antiquackery Investigative Unit of the Commission, commits an offence under this Act and is liable on conviction to imprisonment for life.

(2) Subject to the provisions of laws on the methods of proceeding against artificial persons in courts, any person who disseminates or attempts to disseminate claim of cure or healing abilities of the word of their mouth or substance administration to humans, or participates in or facilitates the dissemination of such claims or information in any news media or any other media whatsoever, without a verifiable scientific proof of such claim or information by the Antiquackery Investigative Unit of the Commission, commits an offence under this Act and is liable on conviction to imprisonment for life.

(3) Any person who makes funds, financial assets or economic resources or financial or other related services available for use of any other person to commit or attempt to commit, facilitate or participate in the commission of medical or dental quackery is liable on conviction to imprisonment for life.

(4) Any medical practitioner or dental surgeon who prescribes a prescription medication or issues a report or certificate on a patient without the medical and dental stamp and seal, or a pharmacist who dispenses prescription medication to a patient without complying with the regulations of the Commission on prescription medication, commits an offence under this Act and is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine of Five Hundred Thousand Naira (N500,000) or to both such imprisonment and fine.

(5) No report, results, certificate or documents whatsoever and howsoever, issued by medical or dental practitioners in Nigeria, shall be received in evidence in court or could be used for the management of a patient, without first having affixed or endorsed on it the medical and dental stamp and seal of the medical or dental practitioner making that issue. A medical or dental practitioner who fails to observe this provision commits an offence under this Act and is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine of Five Hundred Thousand Naira (N500,000) or to both such imprisonment and fine.

CONFIDENTIALITY

15 (1) Any person who, in the discharge of his duty under this Act, gives information which is false in any material particular, commits an offence under this Act and the onus shall lie on him to prove that such information was supplied to him by another person and that he exercised all diligence to prevent the commission of the offence having regard to the nature of his functions in that capacity and in all the circumstances.

(2) The penalty for offences under subsection (1) of this section shall be imprisonment for a term not less than 2years and not exceeding 3years provided that where the offender is a public officer the penalty shall be imprisonment for a term not less than 3 years and not more than 5 years

(3) Without prejudice to the provisions of any other enactment, any regulatory agency or body in the health sector shall in the exercise of its functions, liaise with the Commission to investigate and monitor the commission of quackery.

OFFENCES BY HEALERS

16 (1) A person who, without formal training and certification in human health and orthodox health management in an approved health institution:

(a) engages in activities that qualify as part of medical or dental practice involving healing or treating of the bodily or mentally ill person with or without substances or drugs, without an established mechanism for the subjection of such activities to verifiable scientific analysis commits an offence under this Act and is liable on conviction to the penalties provided in Subsection (2) of this section.

(2) The penalties provided for offences under subsection (1) of this section shall be imprisonment for a term not less than two years and not exceeding three years.

COURT OF COMPETENT JURISDICTION

17 (1) The Federal High Court or High Court of a state or of the Federal Capital Territory has jurisdiction to try offenders under this Act.

(2) The Court shall have power, notwithstanding anything to the contrary in any other enactment:

(a) to impose the penalties provided for in this Act.

(b) To ensure that all matters brought before the court by the Commission against any person, body or authority shall be conducted with dispatch and given accelerated hearing

(c) To adopt all legal measures necessary to avoid unnecessary delays and abuse in the conduct of matters brought by the Commission before it or against any person, body or authority.

(3) The Chief Judge of the Federal High Court or a High Court of a State or of the High Court of The Federal Capital Territory Abuja, as the case may be, shall order under his hand, designate a court or judge he shall deem appropriate to hear and determine all cases under this act or other related offences under this Act.

(4) A court or judge so designated shall give such matters priority over other matter pending before it.

FORFEITURE

18 (1) A person convicted of an offence under this Act shall forfeit to the Federal Government all the assets and properties which may or are the subject of an interim order of the Court after an attachment by the Commission as specified in subsection (3) below of this Act;

(2) A person convicted of an offence under this Act shall not be permitted to operate a facility of the kind nature that was subject of the proceedings after the commencement of the investigation that led to the litigation or compounding.

(3) Where a person is arrested for committing an offence under this Act, his facility may be sealed by the Commission, provided that the facility shall be closed down on final conviction.

FINANCIAL PROVISIONS

19 (1) The Commission shall establish and maintain a fund from which shall be defrayed all expenditure reasonably incurred by the Commission for the execution of its functions under this Act.

(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section, such monies as may in each year be approved by the Federal Government for the purpose of the Commission.

(3) The Commission may accept gifts of land, money or other property (whether within or outside Nigeria) upon such terms and conditions, if any, as may be specified by the person or organization making the gift provided that the terms and conditions are not contrary to the objectives and functions of the Commission under this Act.

(4) The Commission shall keep proper accounts, in a form, which conforms to accepted commercial standards of its receipts, payments, assets and liabilities and shall submit the accounts annually, for auditing by a qualified auditor appointed from the list of auditors and in accordance with the guidelines supplied by the Auditor-General of the Federation.

(5) The Commission shall, not later than 30th September in each year, submit to the National Assembly, a report of its activities during the immediately preceding year and shall include in such report the audited accounts of the Commission.

MISCALLENOUS PROVISIONS

20 (1) The Commission shall seek and receive information from any person, authority, corporation or company without let or hindrance in respect of offences it is empowered to enforce under this Act.

(2) A person who:

(a) willfully obstructs the Commission or any authorized officer of the Commission in exercise of any of the powers conferred on the Commission by this Act; or

(b) fails to comply with any lawful enquiry or requirements made by any authorized officer in accordance with the provision of this Act, commits an offence under this Act and is liable on conviction to imprisonment for a term not exceeding five years or to a fine of twenty thousand naira or to both such imprisonment and fine.

(3) Officers of the Commission cannot be compelled to disclose the source of information or identity of their informants except by the order of the court

(4) Any person who makes or causes any other person to make to an officer of the Commission or to any other Public Officer, in the course of the exercise by such Public officer of the duties of his office, any statement which to the knowledge of the person making the statement, or causing the statement to be made

(a) is false, or intended to mislead or is untrue in any material particular; or

(b) is not consistent with any other statement previously made by such person to any other person having authority or power under any law to receive, or require to be made such other statement notwithstanding that the person making the statement is not under any legal or other obligation to tell the truth, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand naira or to imprisonment for a term not exceeding two (2) years or to both such fine and imprisonment.

(c) Where any person who has made a statement to an officer of the Commission or to the Attorney-General, in the course of such officer or Attorney-General exercising any power conferred by this Act, subsequently thereto makes any other statement to any person having authority or power under any law to  receive or require to be made such other statement regardless of whether or not the person making the statement is under a legal or other obligation to tell the truth, he shall, if such other statement is inconsistent with any statement previously made to an officer of the Commission or such other Public Officer, be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand Naira or to an imprisonment for a term not exceeding two years or both.

(d) For the purpose of sub-section (1) and (2), any statement made in the course of any legal proceedings before any court, whether civil or criminal, or any statement made by any person in the course of any disciplinary proceedings, whether such legal proceedings or disciplinary proceedings are against the person making the statement or against any other person, shall be deemed to be a statement made to a person having authority or power under the law to receive the statement so made.

APPEALS AGAINST INTERLOCUTORY RULINGS

21 Subject to the provisions of the constitution of the Federal Republic of Nigeria 1999, an application for stay of proceedings, in respect of any criminal matter brought by the commission before the High Court shall not be entertained until judgment is delivered by the High Court.

IMMUNITIES

22. Subject to the provisions of this Act, an officer of the Commission when investigating or prosecuting a case under this Act, shall have all the powers and immunities of a Police Officer under the Police Act and any other law conferring power on the police or empowering and protecting law enforcement agencies.

REGULATIONS, RULES AND ORDERS

23 (1) Any power to make Regulations, Rules or Orders conferred by this Act shall include the power to:

(a) make provision for such incidental and supplementary matters as the authority making the instrument considers expedient for the purposes of the instrument; and

(b) make different provisions for different circumstances.

(2) The Minister shall submit a copy of all regulations make by the Commission before the President as soon as may be after the regulations are made, and if the President decides that the regulations be annulled, they shall, without prejudice to anything previously done in pursuance of the regulations, cease to have effect on the day next following the date of the decision.

INTERPRETATION

24.  (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:

“Alternative Medicine” means naturopathy, acupuncture and osteopathy;

“Approved” means for the time being approved under this Act;

“Chairman” means the Chairman of the Commission

"Commissioner" means state Commissioner charged with health matters

“Court” means the Federal High Court or the High court of the Federal Capital Territory or the High Court of a State;

"Dentistry practice" means the practice of Dentistry

"Dental professional" means a registered dental practitioner

“Dentistry” in relation to its practice includes the giving of any advice or treatment or the performance of any operation necessary for the cure or preservation of teeth unusually given by or performed by a Dental Surgeon and includes all operations necessary or incidental to the preparation and fitting of dentures, artificial teeth or other dental appliances or other maxillo-facial operation so however that—
(a) in case of emergency of which the medical practitioner shall be the sole judge, nothing shall preclude a medical practitioner from extracting teeth; and
(b) a qualified Dental Therapist or Nurse acting under the supervision of a Registered Dental Surgeon may scale and polish teeth, extract and scale, polish and restore teeth respectively, advise on dental care and carry out post operative care on maxillo-facial patients;

"Field of human health" means the medical, dental, and human healing and health field.

“Gazette” means the Gazette of the Federal Republic of Nigeria;

"Healing and health facility" mean any place other than a medical or dental facility where matters of preventive, protective, investigative, promotive, curative or rehabilitative undertaking in respect of the physical, mental and social stability of human health and healing are the subject matter of attention and care, and shall include all orthodox and unorthodox health and healing facilities including pharmacies, laboratories, nursing facilities, churches, alternative medicine, herbal medicine or Complimentary foods and food Suppliments.

"Health facility" include "medical or dental  facility" and "Healing and health facility"

"Healing facility" means any Healing and Health facility not operated by a trained and registered health professional

"Healing professional" means Healing and Health sector players who practise human healing based on no formal health education, and include sorcerers, herbalists and men of God; and Healing or Health professional shall be construed accordingly.

"Health professional" means all practitioners in the health sector who had formal education on human health other than medical and dental practitioners.

"Human sample" means tissues, body fluids or excretions

"Medical or dental facility" means any facility where a medical or dental practitioner practices the profession of medicine or dentistry respectively notwithstanding the presence of other health professionals

"Medical or Dental Quack" means a Healing or Health professional who practices medicine or dentistry without authorization or legal sanction

"Medical or Dental Quackery" means unauthorized practice of medicine or dentistry

"Medical practice" means the practice of medicine

"Medical professional" means a registered medical practitioner

"Medical and Dental Stamp and Seal" means the name, signature, registration number and phone number of the medical or dental practitioner, provided that the Nigerian Medical Association and the Nigerian Dental Association can create and issue to their members a sticker containing these requirements as their medical and dental stamp and seal.

"Medicine" means the art and science of human surgery and medicine and, without prejudice to the generality of the foregoing, and the meaning and scope of the area of study and practice assigned to it in other laws in Nigeria, shall be taken to also include:
(a) any preventive, protective, investigative, promotive, curative or rehabilitative medical or surgical undertaking in respect of the physical, mental and social stability or well being, management of Health or healing of human persons or any body part thereof in any place or designated medical facility in Nigeria
(a) the diagnosis of diseases in, and injuries to, humans, including tests performed on human beings for diagnostic purposes;
(b) the giving of advice based upon such diagnosis;
(c) the medical or surgical treatment of human beings;
(d) and the performance of surgical operations on human beings in Nigeria;
Provided always that where the contribution of the input of practitioners of other professions is involved in the smooth practice of medicine, the Medical and Dental Antiquackery Commission shall define the scope of such contribution and scope of the involvement.

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

"Offences" means offences contained in this Act, the medical or dental quackery offences contained in the Medical and Dental Practitioners Act, and the offences of quackery contained in other professional health laws in Nigeria.

"Pathology" means the field of laboratory medicine, and also includes the subjection of human samples to laboratory investigations for the diagnosis and management of any human patholgy

"Pharmacy shops" means any place where medications or food Suppliments are dispensed

“Prescribed” means prescribed by Regualtions;

"President" means the President of the Federal Republic of Nigeria

"Quackery" means the practice of a profession one is not registered or authorized to practice.

“Register” means a Register maintained under this Act and “Registered” shall be construed accordingly;

“Regulations” means regulations made by the Commission.

"tissue" means human tissue, and includes flesh, bone, a gland, an organ, skin, bone marrow or body fluid, but excludes blood or a gamete;


25. This Act may be cited as the Antiquackery Act 2017

As prepared and submitted by Awkadigwe Fredrick Ikenna, to NMA branch, for onward submission to the National Assembly for passage into law in 2017.


Awkadigwe Fredrick Ikenna (MBBS, LLB, MWACS, DSC)
08039555380
awkadigweikenna@gmail.com