18/04/2022
MICROBIOLOGY COUNCIL OF NIGERIA: AN ANARCHY WAITING TO HAPPEN.
“the Microbiology Council of Nigeria Bill, if passed and assented to, will breed chaos between the Microbiology practitioners and the various healthcare professionals.” Says Dr K.N Elechi-Amadi.
In recent times, many Bills seeking to establish similar Acts of parliament have been sponsored by lawmakers. Some of these include: Institute of Chartered Biochemists and Molecular Biologists of Nigeria Bill, Anatomy Council of Nigeria Bill, Medical and Dental Council of Nigeria amendment Bill and now the Microbiology Council of Nigeria Bill.
The National Assembly is empowered to make laws for the good governance of Nigeria. One wonders how some of the Bills listed above, will contribute to a better health or educational system for the country.
In the world of medical sciences, there are disciplines that are regarded as “professional” while others may be seen as “basic”. The world knows about the duties and functions of the various health professionals; physicians, Dentists, Medical Laboratory Scientists (Biomedical Scientists in UK), Pharmacists, Optometrists, Physiotherapists, Radiographers, Dental Therapists, Nurses, etc. In the training of these professionals in the universities, they are required to pass through “pre-clinical” stages where they are taught the “basic medical sciences” namely Biochemistry, Anatomy, Physiology, Microbiology. These are usually taught in year two and year three in the universities, along with General Study Courses (GSS/GST courses). They thereafter proceed to the “clinical” stages where they are taught the applications of these disciplines in health and diseases. It is not possible to see the Departments of any basic medical science (Anatomy, Physiology, Biochemistry, Microbiology, as it were) in the hospital setting for the purpose of rendering healthcare services, because the “basic medical science” alone cannot provide the knowledge, skills and dexterity required to manage the sick. However, the knowledge gained by the health professionals in basic medical sciences is usually helpful in providing the foundation for their training towards becoming healthcare practitioners.
Microbiology, like her sisters, Biochemistry, Physiology and Anatomy, is variedly applied in various other disciplines and professions, at Specialists levels. There are Medical Doctors, Dentists, Medical Laboratory Scientists, Pharmacists, Nurses, Veterinary Surgeons, Optometrists, etc, who are specialists and consultants in the field of Medical Microbiology. These professionals have acquired the training, skills, competence and of course the licensure as enshrined in the various extant professional Acts of Parliament to practice. These skills, knowledge and competence to apply Microbiology in healthcare is beyond the scope of the ordinary Microbiology graduate, who is not trained to render healthcare services. This is the situation and trend globally, as health professions are stringently regulated at training and practice levels, for the good of the society.
Therefore, the Microbiology Council of Nigeria Bill, if passed and assented to, will breed chaos between the Microbiology practitioners and the various healthcare professionals. For example, Medical Laboratory Scientists render diagnostic and research services in Medical Microbiology laboratories in hospitals, clinics and other health facilities as enshrined in the Medical Laboratory Science Council of Nigeria (MLSCN) Act 11 of 2003 (CAP M25, LFN, 2004). No other person or group of persons has the training, knowledge or skills as recognized by Law to render these services. And, of course, no sane country can give licensure to more than one group of health professionals to render the same professional service. The looming anarchy will arise from the provision in Section 2(g) of the proposed Bill which provides that the Microbiology Council shall have powers to “inspect, regulate and accredit organizations with Microbiology laboratories”. That means that health facilities with medical microbiology laboratories would be under the control of the Microbiology Council of Nigeria! This provision is ultra vires, because the MLSCN has the mandate to “inspect, regulate and accredit medical laboratories” (Section 4(h) of MLSCN refers). Again, the proposed Bill provides that the Microbiology Council shall “regulate and control the practice of professional Microbiologists in all its ramification” (Section 2f). That means that all the aforementioned health professionals will now be answerable to this Microbiology Council. Where on earth does such happen? What becomes of the relevant provisions in the various extant Acts of Parliament that regulate the various health professions?
On the training aspect, the proposed Bill provides that the Microbiology Council of Nigeria will “regulate the training of Microbiologists' in any institution in Nigeria and give periodic accreditation to institutions”. This has far-reaching implications as well. With this provision, the Departments of Medical Microbiology in the Faculties of Medical Laboratory Science, Basic Clinical Sciences as well the Department of Pharmaceutical Microbiology in the Faculty of Pharmacy, will be regulated and accredited by the new Council, against the extant provisions in the Medical Laboratory Science Council of Nigeria (MLSCN), Pharmacists Council of Nigeria, and other health professional regulatory Laws! The provision in the proposed Bill to “regulate the production, importation, sale and stocking of food products, drinks, wears, drugs and other associated products requiring Microbiological attention” is already within the purview of NAFDAC Act. It will be nice to see how this Bill will supplant the extant provisions in the NAFDAC Act.
Furthermore, the Bill does not define those it refers to as Microbiologists. It does not also specify whether or not Microbiology is a medical science discipline. Microbiology is a multidisciplinary area, and can be looked at from various aspects, namely Medical Microbiology, Industrial/Applied Microbiology, Environmental Microbiology, and Public Health Microbiology. Each of these aspects has diverse players in it. For example, Medical Laboratory Scientists and other healthcare professionals are major players in Medical Microbiology, and Public Health. The industrial aspect also has many others in addition to the graduates of Microbiology, including the Science Laboratory Technologists, who by the provisions of the NISLT Act, are empowered to control industrial labs. The environment has many players, from Microbiologists to Forests specialists (in Agricultural Science), Plant Scientists, Botanists, Animal and Environmental Biologists, Marine specialists, Environmental Engineers, Geologists, Geographers, Environmental Chemists/Biochemists, etc. It will be the most difficult area to regulate by way of Microbiology Council of Nigeria.
Since there is no definition of who a Microbiologist is in the proposed Bill, it will be difficult to state in clear terms the particular persons or group that the Microbiology Council of Nigeria seeks to regulate. Will it be proper to extend the powers of the Microbiology Council of Nigeria into the areas already domiciled in the extant Laws establishing the Medical Laboratory Science Council of Nigeria or any other regulatory body, with the attendant negative consequences on our national system? Can we, as a nation, afford to travel that path at this critical point in our national life? Many more questions that may agitate any critical mind: how does this Bill add value to the socio-economic or health sector of the country, since the powers and functions of the proposed Microbiology Council of Nigeria are already enshrined in other extant Acts of Parliament? What role are the sponsors of this Bill expected to play in the health sector? What does Nigeria stand to gain from this Bill? Which other country has a Council to regulate Microbiology? Already, the Nigerian Institute of Science Laboratory Technology (NISLT) Act 12 of 2003, has empowered the NISLT to regulate the laboratories in industries, research institutes, schools and post-secondary institutions (Section 2(l) of NISLT Act). Will the Microbiology Council replace NISLT?
There is need for the lawmakers to critically assess the socio-political and economic impacts of the Bills before them so as to continue to serve as a body of true representatives of the people.
God bless the Federal Republic of Nigeria.
~ Dr. K. N. Elechi-Amadi, Portharcourt