What the law says on government-employed doctors engaging in private practice
Doctors performing surgery on a patient
The Nigerian government through the Minister of Health, Isaac Adewole, said on October 11
it was reviewing practices in the health sector, especially whether
medical doctors employed by government can engage in private practice.
The minister said government had set up a committee to review the laws guiding medical practice and whether they conflict with the Nigerian code of conduct for public officials.
The pronouncement has ignited a controversy, given the contrary stipulation of the Code of Ethics prescribed by the MDCN, which is the public agency regulating medical and dental education and practices in Nigeria.
According to some practitioners who have spoken on the issue, the federal government has no power in law to undertake a review that would ban practitioners working in public institutions from private practice.
They hinged their position on the “Regulated and Other Professions (Private Practice Prohibition) Decree No 1 of 1992”, which exempted doctors from the ban of public officials from private practice.
But according to a top official of the Medical and Dental Council of Nigerian, MDCN, who spoke with this newspaper, the said decree has been repealed by the 1999 Constitution.
The official argued that the constitution does not allow medical doctors and dentists employed by public health institutions to engage in private practices.
The official agreed to speak with Premium Times only on the condition of anonymity because of the sensitivity of the issue among doctors.
He said although the MDCN code of ethics permits doctors and dentists, especially consultants and registered practitioners of over 10 years, to operate private services in their free time, such acts are against the provisions of the 1999 Constitution.
The minister said government had set up a committee to review the laws guiding medical practice and whether they conflict with the Nigerian code of conduct for public officials.
The pronouncement has ignited a controversy, given the contrary stipulation of the Code of Ethics prescribed by the MDCN, which is the public agency regulating medical and dental education and practices in Nigeria.
According to some practitioners who have spoken on the issue, the federal government has no power in law to undertake a review that would ban practitioners working in public institutions from private practice.
They hinged their position on the “Regulated and Other Professions (Private Practice Prohibition) Decree No 1 of 1992”, which exempted doctors from the ban of public officials from private practice.
But according to a top official of the Medical and Dental Council of Nigerian, MDCN, who spoke with this newspaper, the said decree has been repealed by the 1999 Constitution.
The official argued that the constitution does not allow medical doctors and dentists employed by public health institutions to engage in private practices.
The official agreed to speak with Premium Times only on the condition of anonymity because of the sensitivity of the issue among doctors.
He said although the MDCN code of ethics permits doctors and dentists, especially consultants and registered practitioners of over 10 years, to operate private services in their free time, such acts are against the provisions of the 1999 Constitution.
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