Nurses, Midwives not trained to dispense medicines
The Botswana Nurses Union (BONU) has warned the Government that continuing to force nurses and midwives to dispense drugs in hospitals has serious consequences on public health, and likely to give rise to unknown diseases, including death and disability.
In the ongoing dispute over dispensery duties, BONU has cited Professor OatlhokwaNkomazana (Permanent Secretary – MoH), Dr Pamela Smith (Director of Health Services) , Attorney General, and DPSM Gaone Manzini Macholo as 1st to 4th Respondents respectively.
In the Court papers presented before Justice Chris Gabanagae, BONU argues that nurses and midwives are not trained to dispense medicines and therefore the Ministry of Health acted unlawfully in forcing them to perform the duties of pharmacists in July 2023.
They state that for one to qualify as a pharmacist they must graduate with a Bachelor of Pharmacy Degree which is highly complex and technical with such subjects as Pharmaceutical Technology among others.
They say even the UB curriculum for Pharmacists is clear and could be used as a reference point by the court to come to a final resolution of the dispute.
“These are not areas of practice that nurses are exposed to, have knowledge of or gain practical experience and expertise in. The fact that the Minister of Health envisions a framework that allows for authorization and registration may not and should not be allowed to create a situation where nurses and midwives are obligated to carry out tasks that they are imminently unqualified for and in so doing create a significant risk of harm including death and disability to patients and the provision of poor quality medical services,” BONU argues.
BONU argues that the decision by the Director of Health Services (Smith) to “authorize” nurses and midwives in the public service to dispense medicines should be reviewed and set aside as it is illegal and unethical.
The papers once more state that on 10th August 2023, nurses and midwives were invited to apply for registration and authorization to dispense medication.
“No nurses and midwives had in the ensuing period applied for authorization despite this glaring indication of not only BONU members, but also other nurses and midwives positions, the Director indicated that she had taken a decision to make a blanket authorization of all nurses and midwives to dispense medication . it was markedly apparent that the Director was attempting to use the law to force nurses and midwives to engage in illegal and unethical conduct and BONU indicated this to her” read the papers.
The union has attempted to secure an interim interdict against the respondents but were dismissed by Justice Modiri Letsididi on 20th October 2023, but they have since engaged new attorneys Neo Sharp to pursue the matter further.
“Given the grave implications of the impugned administrative decision, grave prejudice would arise to BONU members, as well as nurses and midwives employed by the Government if this Court were to refuse to grant leave for the late filing,” said Sharp in the application for court leniency for late filing of documents.
She further stated that BONU has prospects of success in the review application, adding that pharmacists should be registered by the Botswana Health Professions Council, and nurses and midwives do not fall in that category of health/medical professions.
The Attorney General is opposing the application.
The case is expected to resume on 3rd July.
