STRIKING OFF ENTRIES FROM THE REGISTER ON GROUND OF FRAUD OR ERROR

If it is proven to the satisfaction of the Disciplinary Committee that an entry has been fraudulently or incorrectly made in the register, the Disciplinary Committee may direct that the entry should be struck off from the register following section 26 (01).

RESTORATION OF REGISTRATION

1. Where the name of a registered member has been struck off the register in pursuance of a directive given under section 25 of this Act, the Disciplinary Committee may, if it thinks fit, at any time, direct the Registrar to restore the person’s name to the appropriate register.
2. An application for the restoration of a person’s name to a register can only be made to the Disciplinary Committee on the expiration of the period of sanction.
3. A member who applies for restoration of registration shall pay to the Board all relevant fees or levies as applicable to fresh registration.

APPEAL TO THE FEDERAL HIGH COURT.

Where a registered member disagrees with the decision of the Disciplinary Committee, such a member could file an appeal against the Board to the Federal High Court. The grounds of appeal could be any of the following:

1. Where the Disciplinary Committee makes a finding and imposes a penalty on a registered person under Section 24 of this Act.
2. Where the Disciplinary Committee rejects an application for restoration of a name to the register under section 25 (02) of this Act.
3. Where the Disciplinary Committee directs the striking off, of a fraudulent entry from the register under section 26  (01) of this Act.

By normal procedure, the Registrar shall give the person to whom the proceedings relate, a notice in writing and such a person shall, within twenty-eight (28) days of receiving the notice, appeal to the Federal High Court. Under such a situation, the Board shall be the respondent.

Adopted by the Board this 7th day of August 2010.

DEFINITION OF TERMS.

For a proper understanding of the content of this document, it is important to explain or define the meaning of some words/phrases used herein to avoid ambiguity.

Code of conduct: A set of rules or instructions meant to guarantee the good behavior of a
practitioner.

Professional ethics: Code of conduct. Misconduct… improper or unethical behavior. Malpractice… Unethical or injurious treatment…

Unethical behavior: Any form of deviation from professional ethics: any form of behavior
by a practitioner that undermines the dignity of the profession, a practitioner, or a patient.

Negligence: A branch of a legal duty of care for others. Practitioner. Optometrist, Dispensing Optician.

Optometry: As defined in part VI, Section 29. Cap 09 Laws of the Federation of Nigeria, 2004.

Board: Optometrist & Dispensing Opticians’ Registration Board of Nigeria (ODORBN).