ADVOKS GLOBAL · KENYA
Nurses and Midwives Act
18A. Professional misconduct
Edition: 2022-12-31 · In force
18A. Professional misconduct
(1)A registered nurse shall be culpable of professional misconduct if such nurse —(a)allows any person to practise in his name as a registered nurse, unless such person is the holder of a practising certificate and is in partnership with him or employed by him;(b)enters, for the purpose of or in the course of practising as a registered nurse, into partnership with a person who does not hold a practising certificate, or secures any professional business through the services of such a person or by means not open to a registered nurse;(c)pays or allows or agrees to pay, directly or indirectly, to any person (other than a person who holds a practising certificate, is a retired partner or the legal representative of such a partner), any share, commission or brokerage out of the fees for, or profits of his professional services;(d)solicits clients or professional work or advertises professional attainments or services by use of means which contravenes the guidelines published by the Council;(e)discloses information acquired in the course of professional engagement to any person other than a client, without the consent of the client, or otherwise than required by law;(f)fails to observe and apply professional, technical, ethical or other standards prescribed by the Council as guidelines for practice by registered nurses;(g)is guilty of gross negligence in the conduct of his professional duties;(h)expresses an opinion on any matter with which he is concerned in a professional capacity without obtaining sufficient information on which to base the opinion;(i)fails to keep the funds of a client in a separate banking account or to use any such funds for purposes for which they are intended;(j)includes in any statement, return or form to be submitted to the Council any particular knowing it to be false;(k)is convicted of a crime under the Anti-Corruption and Economic Crimes Act (Cap. 65);(l)fails to declare a conflict of interest in relation to any particular matter or acts in a matter notwithstanding the presence of an undisclosed conflict of interest; or(m)fails to do any other act which may be prescribed.(2)For avoidance of doubt, this section applies in equal respects to all categories of nurses whether registered, enrolled or licensed as such under this Act.