BOTSWANA HEALTH PROFESSIONS: SUBSIDIARY LEGISLATION
(previously "MEDICAL, DENTAL AND PHARMACY")
INDEX TO SUBSIDIARY LEGISLATION
(29th April, 1988)
ARRANGEMENT OF REGULATIONS
3. Acts of misconduct
5. Exceptions to prohibition of advertisement
6. Locum tenens
7. Business advertisement
8. Name plates
9. Signs that are not permitted
10. Consulting rooms
12. Use of prescription forms or codes
13. Canvassing for business prohibited
15. Collaboration with unregistered persons
16. Assistance for unregistered persons
17. Financial interest in organisation that advertises for patients
19. Patients right of choice of practitioner
20. Respect for professional reputation and the good name of colleagues
21. Professional secrecy
22. Issue of medical certificates
23. Employment with medical aid society
24. Publication of name, etc., in association with medical aid society, etc.
25. Use of special apparatus or treatment
26. Obstruction of the committee
27. Performance of professional acts by registered practitioners
28. Conduct derogatory to reputation of profession
29. Personal misuse of alcohol or other drugs
32. Indecency and violence
34. Interested members to be excused
35. Notice of charge
36. Procedure at inquiry
38. Record of penalty imposed
39. Suspended penalty
40. Non-execution of suspended penalty
41. Failure to observe conditions of suspended penalty
42. Publication of penalty
43. Decision may be in camera
44. Secrecy of witnesses' identities
45. Breach of secrecy
46. Minister may appoint legal adviser
47. Minister may postpone suspension
48. Minister may postpone striking out
49. Form of summons to produce book, etc.
50. Minister's right to hear any matter
51. Procedure to apply under Act
Schedule A - Form of Summons for Attendance in an Inquiry
Schedule B - Form of Summons to Appear before the Botswana Health Professions Council as a Witness
Schedule C - Fees
S.I. 56, 1988,
S.I. 77, 1999.
These regulations may be cited as the Botswana Health Professions (Professional Conduct) Regulations.
In these regulations-
"advertisement" includes any advertisement contained in a publication or any advertisement broadcast on radio or television;
"lay assembly" means an assembly of persons who are not practitioners;
"practitioner" means a medical practitioner or a dentist;
(a) any newspaper, book, periodical, pamphlet, poster, playing card, calendar or other printed matter;
(b) any writing or typescript which has in any manner been duplicated or exhibited or made available to the public or any section of the public;
"Special Committee" means a Special Committee of the Medical Ethical Advisory Council appointed by the Council to conduct enquiries into the conduct of practitioners.
(1) Sound relationships between practitioners as colleagues are essential for furthering the public esteem and trustworthiness of the professions and therefore of the practitioners themselves.
(2) The quality of a practitioners services is traditionally the justified means by which he should become professionally known. Competition is in the medico-scientific field and the disclosure of personal findings and views should take place only in the professional media.
(3) Contravention of these regulations by a practitioner shall, for the purpose of section 14 of the Act, constitute improper or disgraceful conduct.
(1) No practitioner shall advertise himself or his professional services with a view to his (direct or indirect, immediate or eventual) professional gain, or permit such advertisement.
(2) A practitioner may-
(a) notify other practitioners of any change of address, dissolution of partnership or commencement of practice;
(b) notify his patients of any change of address:
Provided that such notification is enclosed in a sealed envelope and addressed to the other practitioner or patient as the case may be;
(c) publish in a telephone directory his-
(i) name and the name of his partner;
(ii) home address and the address of his surgery or consulting rooms; and
(iii) telephone number; and
(iv) registered speciality;
(d) in the case of a practitioner whose speciality has been registered, notify other medical practitioners of having commenced practice in his speciality, his address, qualifications and speciality:
Provided that the communications themselves shall bear the name of the individual medical practitioner to whom they are addressed and shall be enclosed in a sealed envelope;
(e) affix on envelopes his name without his title or any qualification, and a return address in case of non-delivery;
(f) publish articles in professional journals and publish scientific books for use by the professions and students of medicine, dentistry, nursing and related professions indicating his name and professional qualifications;
(g) publish non-professional books and non-professional articles in the lay press under his own name without indication of professional qualifications and without the professional, title "Dr.".
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