AC CES S TO E D U CATI ON, EMPLOYMENT, AND HE ALTHCA RE • Do not express personal beliefs (including political, religious, and moral beliefs) in a way that is exploitative of the vulnerabilities of the patient or likely to cause them distress (2.8.2). • Inform patients of any medical accidents which occur, make corrective measures (where possible), offer an apology, and explain fully and promptly the situation and any likely short/long-term effects (2.8.3). • Inform patients, to the best of one’s knowledge, of all charges/fees before the provision of services (4.1.1). Rohingya individuals who face medical or dental malpractice should be afforded the opportunity to file a complaint with the Registrar of the Medical and Dental Council to seek disciplinary action. Bangladesh Nursing and Midwifery Council Act, 2016 and Ethical and Professional Code of Conduct for Registered Nurses / Midwives, 2003 S UMMARY The Act re-enacts and amends the Bangladesh Nursing Council Ordinance, 1983, providing for the establishment of the Bangladesh Nursing and Midwifery Council, the statutory body responsible for setting the minimum requirements for becoming a registered nurse/midwife (and other related/auxiliary professions) and which has the power to revoke qualifications and discipline registered nurses/midwives in the case of license fraud or malpractice. A PPL ICAB IL IT Y TO RO H I NGYA This Act applies to all nursing and midwifery institutions or other institutions which provide nursing/midwifery training and degrees in Bangladesh and to all nurses/midwives registered to provide services in Bangladesh. The Code makes no reference to citizenship or jurisdiction and reiterates the concept of health as a fundamental right. PROTECTIO N NOT ES In accordance with Section 5 of this Act, the Bangladesh Nursing and Midwifery Council is assigned with the duty of taking administrative and disciplinary action against persons practicing without proper registration (Section 5.15). It criminalises providing nursing/midwifery services without proper registration (Section 27) and using falsified accreditations or other fraudulent means to register (Section 27) as offences punishable by one year’s imprisonment, a fine of up to 50,000 taka, or both. Furthermore, the Council may revoke the registration of any nurse or midwife who violates the standards for professional conduct formulated by the Council (Section 22). In accordance with the Professional Code of Conduct for Registered Nurses and Midwives formulated and published by the Bangladesh Nursing and Midwifery Council, nurses and midwives must, among other obligations: • Treat patients as an individual and with respect and refrain from acting without their consent (2.1). • Show sympathy and sensitivity towards the patient, including ensuring compassionate care especially to the most vulnerable groups, communicating in an appropriate manner and with the appropriate tone, and providing gender-sensitive care (2.2). • Maintain patient confidentiality and privacy (2.3). • Serve all patients equally, regardless of religion, gender, age, race, nationality, or economic class (2.4). • Act as an advocate for the patient in all matters relating to their care, including resolving interpatient/client conflicts which may interfere with the patient’s rights/recovery and respecting previous wishes of the patient while consulting close family/friends where the patient is unable to give consent/make medical decisions on their own; defend patients who are vulnerable and/or incapable of protecting their own interests (2.5). 70 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH