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In a letter addressed to the Minister of Justice and Attorney General of the Federation, signed by the society’s President, Prof. Cyril Osifoh, PSN contended that the proposed NHFRA is unnecessary.
In the emphatic correspondence titled “Request for Appropriate Legal Redress of the Proposed National Health Facility Regulatory Agency (NHFRA)” directed to Minister Lateef Fagbemi SAN, PSN articulated its concerns.
The society referenced the existing regulatory framework, underscoring that the PCN, established by the Pharmacy Council of Nigeria (Establishment) Act 2022, already comprehensively oversees all facets of pharmacy education, training, and practice.
They emphasized the PCN’s proven effectiveness in ensuring drug safety, minimizing medication errors, and advocating for the rational use of medicines.
Addressing fears of medical dominance, PSN expressed apprehension that the NHFRA could be influenced by the medical profession.
They highlighted the historical conflicts among healthcare professions and voiced concerns that the NHFRA might serve as a mechanism to subordinate pharmacists to medical doctors.
In their letter, PSN also referenced international examples, acknowledging the Care Quality Commission (CQC) in the UK and the Joint Commission in the US as models.
They contended that these models operate with distinct regulatory authorities for pharmacy practice, referencing entities such as the General Pharmaceutical Council in the UK and the Pharmacy Regulatory Bodies in the US as instances of specialized pharmacy oversight.
Additionally, the PSN suggested an alternative approach to the NHFRA. They advocated for the creation of a regulatory commission for tertiary health institutions at the federal level, as outlined in the National Health Act of 2014. The PSN underscored the necessity of preserving the independence of the PCN, asserting that this independence is vital for maintaining professional standards, safeguarding public health, and ensuring regulatory effectiveness.
Parts of the letter stated: “This is the primary area that requires attention within the framework of existing legislation. Funding continues to be a significant obstacle for healthcare initiatives in Nigeria.
“We commend the efforts of the Coordinating Minister of Health in securing the most substantial health budget in many years; however, the complete activation of the Basic National Health Fund is essential for driving a transformative funding agenda.
“We firmly believe that it is imperative to urge the Federal Government to enhance funding for the PCN and NAFDAC to improve their statutory functions and health outcomes for the public good. The enabling Acts of Parliament that established the PCN and NAFDAC are specific laws that cannot be overridden by any general laws of any kind.”
We strongly advise the Federal Ministry of Health against allocating its limited resources to pursue the unnecessary NHFRA agenda, as it currently ranks low on our list of priorities within the Health Sector.
Regarding the rationale for not merging, the correspondence outlines: “We have examined the historical and legal framework surrounding pharmacy regulatory laws in the country, tracing back to the Lagos Pilotage and Harbour Ordinance of 1878, the Hospital Ordinance of 1881, and the Ereko Dispensary Rules of 1889. These foundational laws acknowledged the necessity of regulating dispensers, druggists, and chemists.
“The oversight of the profession's practice was managed by the Pharmacists Board, as established in the Pharmacy Ordinance of 1927, the Poisons and Pharmacy Act 152 of 1958, and the Pharmacists Act No. 26 of 1964. Although the legislative content has evolved, the core principles have remained consistent.
“The establishment of the Pharmacists Council of Nigeria through Decree No. 91 of 1992 was further enhanced by the Pharmacists Council of Nigeria Act Cap P17 LFN 2004. The most recent legislation, the Pharmacy Council of Nigeria (Establishment) Act 2022, not only reinforced previous laws but also significantly broadened the scope of practice and the professionals involved, aligning the law with leading international standards.
“The Federal Ministry of Health should capitalize on the current framework that has fostered a degree of stability in the Health Sector by avoiding any initiatives that could provoke unrest. Any proposal related to a centralized Health Regulatory Facility Agency is likely to be met with immediate skepticism, threatening our delicate peace and facing resistance from stakeholders. There is a prevailing sentiment among health workers that Dr. Alausa is attempting to consolidate all health professions under the oversight of his medical constituency.”
The overwhelming composition of the Committee overseeing the proposed NHFRA, with 99% of its members being physicians, strongly supports the argument that this initiative is aimed at suppression. This lack of diverse representation poses a significant threat to the Health Sector, as it limits contributions to a single profession within a multidisciplinary field.
The PSN is dedicated to advancing the Health Sector. However, we firmly believe that the approach to this growth must be rooted in justice and equity for all stakeholders involved.