An Urgent Legal and Ethical Analysis of the Government’s Breach of Duty
Introduction
As of January 1, 2025, over 100,000 registered nurses and midwives in Ghana may have technically been practicing without legal authorization, due to the government’s failure to fulfill its contractual obligation under the agreed Conditions of Service (CoS) namely, to fund the annual renewal of their Professional Identification Numbers (PINs).
Legal Requirement for PIN Renewal
Under the Nurses and Midwives Act, 2011 (Act 857), Section 73 clearly states:
“A person shall not practice or hold themselves out as a nurse or midwife unless that person is registered with the Council and holds a valid practicing certificate.”
This means any nurse without a valid PIN is not legally authorized to practice, making it unlawful to provide care without this renewal.
Conditions of Service Obligations
The CoS, signed between government and nursing unions, obligates the employer to pay for the annual license renewal. Quoting the agreement:
“The employer shall bear the cost of annual license renewal (PIN) for all nurses and midwives in the public sector.”
Implications of Government Inaction
– Nurses may be practicing illegally under Act 857 Section 73.
– Healthcare institutions face legal risks for employing unlicensed professionals.
– Patients may be unknowingly receiving care from unlicensed staff.
– Government is in breach of Labour Act, 2003 (Act 651) and the Nurses and Midwives Act.
– NMC risks complicity if no immediate action is taken.
Call to Action
1. Immediate implementation of CoS, especially PIN renewal funding.
2. A directive from Ministry of Health and NMC on the status of affected nurses.
3. Legal indemnity for nurses caught in this lapse.
4. Accountability for the administrative failure.
Conclusion
Nurses are not criminals and should not be forced into illegality due to the state’s failure. This is a legal, ethical, and governance failure. Action must be taken now to uphold justice and protect both health workers and patients.
Respectfully submitted,
*#Achie’s2Cents
