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Before accepting a gift from a patient or their family you should be aware of your employer's policy, cautions Marc Cornock

Summary

It is common for children, parents and carers to express their gratitude by offering nurses a gift of some sort. The Nursing and Midwifery Council makes it clear, however, that nurses should never accept a gift which may potentially compromise them or the care and treatment provided. This article outlines the issues surrounding accepting or refusing gifts from a legal perspective.

Keywords

Code of conduct, gifts and gratuities, law, policy

PATIENTS AND THEIR parents often want to express gratitude by giving a gift. The most common gifts are flowers, chocolates, bottles of wine, biscuits, cards, or donations of money.

While gift-giving is a lovely gesture, and usually warmly received, is it appropriate for nurses to accept gifts from patients and their relatives? The aim of this article is to consider, from a legal perspective, the acceptance of these gifts.

The Nursing and Midwifery Council (NMC) code of conduct (2008a) provides guidance for children's nurses on the receipt of gifts from patients under the headings of 'Make the care of people your first concern, treating them as individuals and respecting their dignity' and 'Maintain clear professional boundaries'. It is stated that 'you must refuse any gifts, favours or hospitality that might be interpreted as an attempt to gain preferential treatment' (NMC 2008a). The NMC follows this guidance with a reference to an advice sheet on gifts and gratuities (NMC 2008b).

This advice sheet repeats guidance from the code and then states that 'nurses and midwives can receive gifts or favours from people they care for but must be confident that the giving of these gifts could not be interpreted as being in return for preferential treatment. Nurses are also reminded, when deciding whether or not to accept a gift or favour, to consult local policy. Failure to do so could result in them being in breach of their terms and conditions of employment' (NMC 2008b). As well as this guidance, however, there are legal, ethical and professional considerations which need to be taken into account and it is unfortunate that the NMC does not provide further guidance or advice on these. Therefore, what...

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