HEALTH RECORDS OFFICERS (REGISTRATION, ETC) ACT

1989

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.]

Establishment of the Health

1. (1) There is hereby established for health records officers a body to be Records Officers
known as the Health Records Officers Registration Board of Nigeria (in Registration Board of
Nigeria
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 person seeking to become a member of the profession
of health records management 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 certificates 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.

Membership of the Board

2. (1) The Board shall comprise of 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.)
Fund of the Board
3. (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.
 Annual estimates, accounts
4. (1) It shall be the duty of the Board to prepare and submit to the and audit
Minister not later than the 31st 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 succeeding 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.
Control of the Board by the
5. The Minister may give to the Board directions of a general character or Minister
relating generally 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.
Registrar and other
6. (1) The Board shall appoint a fit and proper person who is duly employees of the Board
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 Secretary 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 conditions as the Board may, with the approval of the Minister,
determine.
Preparation and
7. (1) It shall be the duty of the Registrar to prepare and maintain, in maintenance of register
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 officers 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 particulars 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 question 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 therefrom under this
subsection .

Publication of register and

8. (1) It shall be the duty of the Registrar- lists of corrections
(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 registered and that any person not so specified is not so
registered.
Registration as health
9. (1) Subject to section 27 of this Act and to rules made under section 7 records officer
(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 17 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 accepted 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 registration 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.
Temporary registration
10. (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 mentioned 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 section.
(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.
Certificate invalid if given by
11. A certificate required by any written law from any class of persons for unregistered person
whom a register is maintained under this Act shall not be valid unless the
person signing it is registered in accordance with this Act.
Appointment not to be held
12. (1) Subject to the provisions of this Act, no person, not being by unregistered person
registered as a health records officer, shall be entitled to hold any
appointment in the civil service of the Federation 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
pertaining to the profession.
(2) Nothing in this section or in any other provisions of this Part of this
Act shall prevent 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 registered in
accordance with this Act.
Prohibition of falsely
13. Any person, not being registered on any register maintained under professing to be a registered
section 7 of this Act, who holds himself out to be so registered or uses any person
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.
Recovery of fees
14. (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.
 Securing registration
15. (1) If any person for the purpose of procuring the registration of any through fraudulent means
name, qualification 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 liable-
(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
fine 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 proceeded against and punished accordingly.
Burden of proof of
16. In any criminal proceedings against any person upon a charge of registration
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.
Approval of courses
17. (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 designed 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 qualification relates.

(2) The Board shall, from time to time, publish in the Federal Gazette a
list of qualifications 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 approval, 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.

Supervision of instruction
18. (1) The Board shall keep itself informed of the instruction given at and examinations leading to
approved institutions to persons attending approved course of training; approved qualification
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.
Power of the Board to
19. (1) The Board may report to the Minister and seek his approval upon consider matters relating to
all matters relating to the professional and technical training and other training
qualifications required for admission 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.
Certificate of experience
20. (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 institution 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 conduct 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 supervising 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
subsection (2) of this section, a person is refused a certificate of
experience he shall be entitled-
(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 considers just.

(5) Regulations may provide for the issue of certificates of experience in

respect of employment and institutions outside Nigeria.
Establisbment of the
21. (1) There shall be established a body to be known as the Health Disciplinary Committee and
Records Officers Disciplinary Committee (in this Act referred to as "the Investigating Panel
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 paragraphs (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.]
Proceedings of the
22. (1) The chairman shall preside at every meeting of the Disciplinary Disciplinary Committee
Committee.
(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 determined by the majority of the members present and voting at
a meeting of the Disciplinary 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 deliberative vote, a casting vote.
Penalties for unprofessional
23. (1) Where- conduct
(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 opinion of the Disciplinary
Committee is incompatible with the status of such professional; 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 proceedings 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
require.

(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.
 Restoration of registration
24. (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.
Striking off entries from the
25. (1) If it is proved to the satisfaction of the Disciplinary Committee that register on the grounds of
any entry made in a register has been fraudulently or incorrectly made, the fraud or error
Disciplinary Committee may direct that the entry shall be struck of from
the register.
(2) A person may be registered in pursuance of any provisions of this Act
notwithstanding that his name has been struck off in pursuance of a
direction given under subsection (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 person.
Appeal to the Federal High
26. (1) Where the Disciplinary Committee- Court
(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, withdrawn 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.

Regulations
27. 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 instrument: and

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

Interpretation
28. In this Act, unless the context otherwise requires- "accepted
qualification" means a degree, diploma or other certificate prescribed
under section 9 of this Act; "Board" means the Health Records Officers
Registration Board of Nigeria established 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 primary health care to tertiary levels of care;
"health records management" includes logistics of admission and
discharges routines, 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 construed
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.
Short title
29. This Act may be cited as the Health Records Officers (Registration,
etc.) Act.

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 registered 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 appointed 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 receipt 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 shll have effect notwithstanding the
provisions of section 11 of the Interpretation Act, which relates to
appointment.
[Cap. 123.]

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 (including 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 regulating
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. 123.)
(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 chairman 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 office on the
committee in accordance with the terms of the instrument by which he is
appointed.

(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 accordance 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 assessors 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 accordance 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 Committee 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 respect 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 1. Diploma of the Health Records Officers' Registration Board of Nigeria
Management
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.