Botswana Health Professions (Professional Conduct) Regulations



(section 18)


(29th April, 1988)








   1.   Citation


   2.   Interpretation


   3.   Acts of misconduct


   4.   Advertisement


   5.   Exceptions to prohibition of advertisement


   6.   Locum tenens


   7.   Business advertisement


   8.   Name plates


   9.   Signs that are not permitted


   10.   Consulting rooms


   11.   Stationery


   12.   Use of prescription forms or codes


   13.   Canvassing for business prohibited


   14.   Commission


   15.   Collaboration with unregistered persons


   16.   Assistance for unregistered persons


   17.   Financial interest in organisation that advertises for patients


   18.   Tendering


   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


   30.   Dishonesty


   31.   Commercialisation


   32.   Indecency and violence


   33.   Complaints


   34.   Interested members to be excused


   35.   Notice of charge


   36.   Procedure at inquiry


   37.   Penalties


   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


   52.   Fees




      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.


1.   Citation

   These regulations may be cited as the Botswana Health Professions (Professional Conduct) Regulations.


2.   Interpretation

   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;

   "publications" includes:


   (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.


3.   Acts of misconduct

   (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.


4.   Advertisement

   (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.".


5.   Exceptions to prohibition of advertisement

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Please click here to login