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Section 33 Nigerian National Health Act 2014

Section 33 National Health Act

Section 33 National Health Act 2014 is about Establishment, composition, function and tenure of National Health Research Ethics Committee. It is under Part IV (Artional Health Research and Information System) of the Act.

(1) There is established by the Minister, the National Health Research Ethics Committee (in this Act referred to as “the Ethics Committee”).

(2) The membership of the Ethics Committee shall consist of not more than 15 persons which shall include—

(a) a Chairman ;
(b) a medical doctor ;
(c) a legal practitioner ;
(d) a pharmacist ;
(e) a nurse ;

(f) one representative each of the Christian and Islamic faith ;
(g) a community health worker ;
(h) one researcher in the medical field ;

(i) one researcher in the pharmaceutical field ; and
(j) a medical laboratory scientist ;
(k) a health record officer ;
(l) a radiographer ;
(m) a physiotherapist ;
(n) one researcher in medical laboratory science field ; and
(o) three other persons, at least one of whom shall be a woman, who, in the opinion of the Minister are of unquestionable integrity.

(3) A member of the Ethics Committee shall be appointed for a term of three years in the first instance and may be reappointed for another term of three years and no more under such terms and conditions as may be specified in his letter of appointment.

(4) A member of the Ethics Committee shall vacate his office if he resigns or is requested in the public interest by the Minister to do so.

(5) If a member of the Ethics Committee vacates his office or dies, the Minister may fill the vacancy by appointing a person in accordance with subsection (2) of this section for the unexpired term of office of his predecessor.

See also  Section 35 of the 1999 Constitution of Nigeria (Updated)

(6) The Ethics Committee shall have power to determine the guidelines to be followed for the functioning of institutional health research ethics committees, and, for the avoidance of any doubt, shall—
(a) set norms and standards for conducting research on humans and animals, including clinical trials ;
(b) determine the extent of health research to be carried out by public and private health authorities ;

(c) adjudicate in complaints about the functioning of health research ethics committees and hear any complaint by a researcher who believes that he has been discriminated against by any of the health research ethics committees ;
(d) register and audit the activities of health research ethics committees ;
(e) refer to the relevant statutory health regulatory body, matters involving the violation or potential violation of an ethical or professional rule by a health care provider ;

(f) recommend to the appropriate regulatory body such disciplinary action as may be prescribed or permissible by law against any person found to be in violation of any norm standard, or guideline, set for the conduct of research under this Act ; and
(g) advise the Federal Ministry of Health and State Ministries of Health on any ethical issue concerning research on health.

(7) For the purposes of subsection (6)(a), of this section, “clinical trials” means a systematic study, involving human subjects that aims to answer specific questions about the safety or efficacy of a medicine or method of prevention and treatment.

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