Health Laws Amendment Act 2019

407
THE HEALTH LAWS (AMENDMENT) ACT, 2019
No. 5 of 2019
Date of Assent: 13th May, 2019
Date of Commencement: 17th May, 2019
AN ACT of Parliament to make amendments to health-
related laws
ENACTED by the Parliament of Kenya, as follows —
1. This Act may be cited as the Health Laws Short title.
(Amendment) Act, 2019 and shall come into force upon
publication.
2. The several laws specified in the first column of the Amendment of
written laws.
Schedule are amended in the provisions specified in the
second column thereof, in the manner respectively
specified in the third column.
3. (1) In this section, “Board” includes any Council Transition.
proposed to be reconstituted under this Act.

(2) At the commencement of this Act, any person
who, immediately before the commencement of this Act
was a member or staff of any of the Boards proposed to be
reconstituted under this Act shall be deemed to be a
member or staff of the reconstituted Board for the
unexpired period of his or her term of service.
(3) At the commencement of this Act, all the funds,
assets and other property, both movable and immovable,
which immediately before such date were vested in any of
the Boards shall by virtue of this sub-section, vest in the
new Board under this Act.
(4) At the commencement of this Act, all rights,
powers and liabilities, whether arising under any written
law or otherwise which immediately before such date were
before such date were vested in, imposed on or enforceable
against any Board shall, by virtue of this sub-section, be
deemed to be vested in, imposed on or enforceable against
the respective new Board.
(5) Any reference in any written law or in any
document or instrument to any of the Boards shall on and
after the appointed day, be construed to be a reference to
the respective new Board.
408
No. 5 Health Laws (Amendment) 2019
SCHEDULE
Written law Provision Amendment
The Pharmacy s.2 Delete the definition of the term “enrolled
and Poisons pharmaceutical technologist” and substitute
Act, (Cap 244) therefor the following new definition—
“enrolled pharmaceutical technologist”
means a holder of a diploma in pharmacy from
a training institution recognised by the Board
and whose name appears on the Roll;
Delete the definition of the term
“Inspector of Drugs” and substitute therefor
the following new definition—
“inspector of drugs” means a person who
is competitively recruited by the Board as a
pharmaceutical inspector and who holds a
minimum of a diploma in pharmacy;
“pharmaceutical inspector”;
“registered pharmacist” and substitute therefor
the following new definition—
“registered pharmacist” means a holder of
a degree in pharmacy from a university
recognised by the Board and whose name is
entered on the register;
Insert the following definitions in proper
alphabetical sequence—
“clinical trial” means any systematic
study on pharmaceutical products in human
subjects, whether in patients or other
volunteers, in order to discover or verify the
effects of, identify any adverse reaction to
investigational products, to study the
absorption, distribution, metabolism and
excretion of the products with the object of
ascertaining their efficacy and safety;
“Good Manufacturing Practice”, also
referred to as “GMP”, “cGMP” or “current
Good Manufacturing Practice” is the part of
409
2019 Health Laws (Amendment) No. 5
quality management which ensures that

products are consistently produced and
controlled according to their intended use as
required by the marketing authorization,
clinical trial authorization or product
specification;
“health facility” has the meaning assigned
to it in the Health Act;
“health product” includes human and
No. 21 of 2017. veterinary medicines, medical products,
medicinal substances, vaccines, diagnostics,
medical devices, blood products, traditional
and alternative medicine, therapeutic feeds and
nutritional formulations, cosmetics and related
products;
“health technology” means the application
of organized knowledge and skills in the form
of devices, medicine, vaccines, procedures and
systems developed to solve a health problem
and improve the quality of life;
“investigational medicinal substance”
means a pharmaceutical form of an active
substance or placebo being tested or used as a
reference in a clinical trial, including products
already with a marketing authorisation but
used or assembled, formulated or packaged, in
a way different from the authorised form, or
when used for an unauthorised indication, or
when used to gain further information about
the authorised form;
“medical device” means any instrument,
apparatus, implement, machine, appliance,
implant, in vitro reagent or calibrator,
software, material or other similar or related
article—
(a) intended by the manufacturer to be
used, alone or in combination, for
humans or animals for—
(i) diagnosis, prevention, monitoring,
treatment or alleviation of disease;
410
(i) diagnosis, monitoring, treatment,

alleviation of or compensation
for an injury;
(ii) investigation, replacement,
modification or support of the
anatomy or of a physiological
process;
(iii) supporting or sustaining life;  
(iv) control of conception;
(v) disinfection of medical devices;
or  
(vi) providing information for
medical or diagnostic purposes
by means of in vitro examination
of specimens derived from the
human body; and  
(b) which does not achieve its primary
intended action in or on the human or animal
body by pharmacological, immunological or
metabolic means, but which may be assisted in
its intended function by such means;
“pharmacovigilance” means the practice
of monitoring the effects of medical drugs after
they have been licensed for use, especially in
order to identify and evaluate previously
unreported adverse reactions, and includes the
science and activities relating to the detection,
assessment, understanding and prevention of
adverse effects or any other possible drug
related problem;
“post market surveillance” means the
practice of monitoring the safety and quality of
a pharmaceutical drug or medical
device after it has been released on
the market and is an important part of the
science of pharmacovigilance;
“practising license” means a license
issued under section 9A; and
“specialist pharmacist” means a registered
pharmacist who has completed an approved
411
postgraduate training programme in a

particular field of pharmaceutical sciences, and
who has gained sufficient experience and
demonstrated to the Board’s satisfaction,
adequate knowledge and skill in his or her
chosen field.
s.3 Delete and substitute therefor the
following new section—
Establishment of
the Pharmacy and
(1) There is established a Board which
Poisons Board. shall consist of— 
(a) a chairperson who shall be appointed
by the President and who shall—
(i) be a registered pharmacist of good
standing with a degree in
pharmacy; and
(ii) have at least ten years’ experience
in the pharmaceutical sector;
(b) the Director of pharmaceutical
services;
(c) the Principal Secretary in the ministry
for the time being responsible for
matters relating to finance or his or
her representative;
(d) two persons representing the
pharmacy training institutions, of
which one shall be a pharmacist and
one shall be a pharmaceutical
technologist;
(e) three other persons appointed by the
Cabinet Secretary, of whom—
(i) one person shall be a pharmacist
representing institutions of
higher learning;
(ii) one person shall be a
pharmaceutical technologist
representing mid-level colleges;
and
(iii) one person shall be an enrolled
pharmaceutical technologist with
expertise in community
412
pharmacy nominated by the

Kenya Pharmaceutical
Association;
(f) the Chief Executive Officer, who shall
be an ex officio member; and
(g) one medical practitioner nominated by
the Kenya Medical Association and
appointed by the Cabinet Secretary.
(2) The persons appointed under
subsection (1)(f) shall be appointed by the
Cabinet Secretary from among members
nominated by their relevant professional
associations, each of which shall nominate two
candidates in each category taking into
consideration gender, ethnicity and regional
balance.
(3) A person shall not qualify for
appointment as a member of the Board under
subsection (1)(e) and (f) unless such person is
the holder of a minimum of a diploma in the
relevant field from an institution recognized in
Kenya and has at least five years managerial
experience.
New Section Insert the following new section
immediately after section 3—
Powers of the 3. The Board may—
Board.
(a) formulate guidelines for regulating the
manufacture, import and export,
distribution, sale and use of medical
products; 
(b) grant or withdraw authorization for
conducting clinical trials of medical
products;
(c) grant or withdraw marketing
authorization for medical products
subject to appropriate conditions and
revise such conditions for marketing
authorization as necessary;
(d) recall medical products from the
market;
413
(e) grant or withdraw licenses to

manufacturers, wholesalers, retailers,
importers, exporters and distributors;
(f) investigate conduct related to the
manufacture, import, export storage,
distribution, sale and use of medical
products;
(g) levy, collect and utilize fees for
services rendered;
(h) prescribe the standards appropriate for
new medical products; new uses,
dosages, and formulations of existing
medical products; and such other
categories as may be appropriate;
(i) constitute technical and expert
advisory committees;
(j) institute administrative, civil and
criminal proceedings;
(k) exercise such other powers as
necessary for the performance of its
functions.
New section. Insert the following new sections

Functions of the
Board.
3B. (1) The Board shall be responsible
for the regulation of health products,
technologies and the profession of
pharmacy.
(2) The Board shall perform the following
functions in relation to regulation of health
products and technologies—
(a) advise the national and county
governments in all matters relating to
the safety, packaging and distribution
of medicines;
(b) ensure that all medicinal products
manufactured in, imported into or
exported from the country conform to
prescribed standards of quality safety
and efficacy;
414
(c) ensure that the personnel, premises and

practices employed in the manufacture,
storage, marketing, distribution and
sale of medicinal substances comply
with the defined codes of practice and
other prescribed requirements;
(d) enforce the prescribed standards of
quality, safety and efficacy of all
medicinal substances manufactured,
imported into or exported out of the
country;
(e) grant or revoke licenses for the
manufacture, importation, exportation,
distribution and sale of medicinal
substances;
(f) maintain a register of all authorized
medicinal substances;
(g) publish, at least once in every three
months, lists of authorized or registered
medicinal substances and of products
with marketing authorizations;
(h) regulate licit use of narcotic,
psychotropic substances and precursor
chemical substances in accordance with
either the Single Convention on
Narcotic Drugs of 1961, the
Convention on Psychotropic
Substances 1971, and the UN
Convention against Illicit Traffic Drug
and Psychotropic Substances, 1988;
(i) consider applications for approval and
alterations of dossiers intended for use
in marketing authorization of medicinal
substances;
(j) inspect and license all manufacturing
premises, importing and exporting
agents, wholesalers, distributors,
pharmacies, including those in hospitals
and clinics, and other retail outlets;
(k) prescribe a system for sampling,
analysis and other testing procedures of
finished medicinal products released
into the market to ensure compliance
with the labeled specifications;
415
(l) conduct post-market surveillance of

safety and quality of medical products;
(m) monitor the market for the presence of
illegal or counterfeit medicinal
substances;
(n) regulate the promotion, advertising and
marketing of medicinal substances in
accordance with approved product
information;
(o) approve the use of any unregistered
medicinal substance for purposes of
clinical trials and compassionate use;
(p) approve and regulate clinical trials on
medicinal substances;
(q) disseminate information on medical
products to health professionals and to
the public in order to promote their
rational use;
(r) collaborate with other national, regional
and international institutions on
medicinal substances regulation;
(s) advise the Cabinet Secretary on matters
relating to control, authorization and
registration of medicinal substances;
and
(t) perform any other function relating to
regulation of medicinal substances.
(3) The Board shall perform the following
functions in relation to regulation of the
profession of pharmacy—
(a) promote the practice of pharmacy that
complies with universally accepted
norms and values;
(b) prescribe the minimum requirements
and consider and approve the
qualifications of persons wishing to be
registered as pharmacists under this
Act;
416
(c) prescribe the minimum requirements

and consider and approve the
qualifications of persons wishing to be
enrolled as pharmaceutical
technologists under this Act;
(d) maintain a register of all persons
registered or enrolled under this Act;
(e) prescribe and conduct examinations for
purposes of recognition, registration or
enrolment under this Act;
(f) establish or prescribe the different
categories of pharmacy business and
the scope of practice of persons
registered or enrolled in terms of this
Act, or the services or acts which shall
for purposes of this Act be deemed to
be services or acts specially pertaining
to pharmacists or pharmaceutical
technologists, and the conditions under
which those services may be provided
or the acts which may be performed;
(g) approve institutions to be established or
accredited under the Universities Act,
2012 training pharmacists, and mid-
level institutions training
pharmaceutical technologists;
(h) license the practice of pharmacists and
pharmaceutical technologists under this
Act;
No. 42 of 2012 (i) approve and license the premises for
the practice by pharmacists and
pharmaceutical technologists under this
Act;
(j) regulate the professional conduct of
pharmacists and pharmaceutical
technologists and take such disciplinary
measures as may be appropriate to
maintain proper professional standards
and ethics;  
(k) establish, approve and accredit
continuing professional educational
417
programs for pharmacists and

(l) establish and maintain a professional
code of conduct for pharmacists and
pharmaceutical technologists; and
(m) perform any other function relating to
regulation of the profession of
pharmacy.

s.4(5) Delete the word “registrar” and substitute
therefor the words “Chief Executive Officer”.
s.5 Delete the expression “Chief Pharmacist”
appearing in subsection (1) and substitute
therefor the expression “Chief Executive
Officer”.
Insert the following subsections after
subsection (2)—
(3) The Registrar shall be responsible to
the Board for the day to day management of its
affairs.
(4) The Board shall through a transparent
and competitive recruitment process appoint
the Registrar who shall—
(a) be a Kenyan citizen;
(b) hold at least a pharmacy degree and is
registered to practice pharmacy in
Kenya;
(c) belong to the professional body of
registered pharmacists;
(d) have at least fifteen years of pharmacy
practice experience;
(e) have served in a senior management
position for a period of at least ten
years; and
(f) meet the requirements of Chapter Six of
the Constitution.
(5) The Registrar shall hold office for a
term of four years, but shall be eligible for
reappointment once subject to good
performance
418
s.6(1) Insert the words “and specialist

pharmacists” immediately after the word
“pharmacists”.
s. 8(2) Delete subsection (2) and substitute
therefor the following new subsection−
“(2) Any person who satisfies the Board
that he holds a diploma in pharmacy from any
college recognised by the Board in Kenya
shall, subject to this Act, be entitled to have his
or her name entered in the register.
New sections. Insert the following new sections

Practising license. 9A. (1) The Registrar shall issue, in
accordance with rules made under this Act, a
practising license authorizing registered
pharmacists or enrolled pharmaceutical
technologists to practice as registered
pharmacists or enrolled pharmaceutical
technologists.
(2) Every practising license shall expire at
the end of the practising year in which it was
issued.
(3) The practising year shall be from 1st
January to 31st December.
(4) Any registered pharmacist or enrolled
pharmaceutical technologist who practices
without a valid practising license in line with
subsection (1) commits an act of professional
misconduct.
Application for
practising license.
9B. A person wishing to be issued with a
practising license under section 9A shall make
an application to the Registrar in the prescribed
form and such application shall be
accompanied by the prescribed fee.
Issue of practising
license.
9C. (1) Where an application for a
practising license is made by a person in
accordance with section 9B, the Registrar shall
issue a practising license if satisfied that the
person—
(a) is registered under section 6 of this Act;
419
(b) has undertaken continuous professional

development in the preceding year as
prescribed by the Board; and
(c) meets such other requirements as may
be prescribed.
(2) For the purposes of this Act, a person
shall be deemed to engage in the practice of
pharmacy if the person−
(a) engages in, conducts or carries on the
dispensing, manufacture, compounding
of any drugs or medicines, or offers
any form of pharmaceutical care or
pharmaceutical services within Kenya;
or
(b) advertises or represents himself or
herself by a title, sign, display,
declaration, or other item to be a
pharmacist or pharmaceutical
technologist.
(3) For purposes of this Act, it shall be a
requirement for every practising registered
pharmacist and enrolled pharmaceutical
technologist, practising in their private
capacity, government, faith based institutions,
non-governmental organizations, training
institutions, research organizations or any other
institution, to have a valid practising license.
Refusal to issue or
renew a license.
9D. The Board may deny or refuse to issue
or renew a license under this Act if it
determines after due process, that the applicant
has failed to comply with the requirements of
this Act or its rules.
Renewal,
cancellation and
9E. (1) A registered pharmacist or enrolled
suspension of pharmaceutical technologist issued with a
license. license under this Act may apply for renewal
of the license in the prescribed form at least
thirty days before the date of expiry thereof.
(2) A registered pharmacist or an enrolled
pharmaceutical technologist who fails to renew
a license within the prescribed period shall,
when applying for a renewal, be required to
420
pay such late application fee as shall be

prescribed.
Continuous
professional
9F. For purposes of maintaining a level of
development. competence in his or her ongoing practice,
every registered pharmacist and enrolled
pharmaceutical technologist shall undertake
appropriate Continuous Professional
Development as prescribed by the Board.

New section. Insert the following new section immediately
after section 12—
Enquiries and
Disciplinary
12A. (1) The Board shall establish an
Committee. Enquiries and Disciplinary Committee which
shall enquire into any matter arising under
section 12 of this Act.
(2) Where on the recommendations of the
Enquiries and Disciplinary Committee the
Board is satisfied that a pharmacist or
pharmaceutical technologist is in breach of any
of the terms or conditions of practice
prescribed by the Board, the Board may—
(a) issue the pharmacist or pharmaceutical
technologist with a letter of
admonishment;
(b) impose a fine as may be prescribed in
regulations;
(c) suspend the registration or enrolment of
the pharmacist or pharmaceutical
technologist for a specified period not
exceeding five years; or
(d) remove the name of the pharmacist or
pharmaceutical technologist from the
Register as may be appropriate.
(3) The Board may order a pharmacist or
pharmaceutical technologist to reimburse costs
and expenses incurred in connection with a
disciplinary hearing and such costs shall be a
civil debt recoverable summarily by the Board.

s.20 Insert the following subsection
immediately after subsection (1A)—
421
(1B) No person shall operate the business

of a pharmacist or pharmaceutical technologist
without the presence of a registered pharmacist
or enrolled pharmaceutical technologist in the
premises where such business is being carried
out.
(2) Delete the words “twenty thousand
shillings” and substitute therefor the words
“one million shillings”.
immediately after subsection (1)—
(1A) No person shall carry on the business
of a pharmaceutical technologist except in
premises registered in accordance with this
section.
(6) Delete the words “thirty thousand
shillings” appearing in subsection (6) and
substitute therefor the words “one million
shillings”.
New section. Insert the following section immediately
after section 23—

Power to close
premises.
23A. (1) Any premises having been
deleted from the register of premises by the
Board or any premises which in the Board’s
opinion have become unsuitable for the
carrying on of the business of a pharmacist or
pharmaceutical technologist shall be closed.
(2) The Board shall give the person in
charge of the premises at least fourteen days’
notice of the intended closure under subsection
(1) and the reasons thereof in writing.
(3) If at the expiry of the period under
subsection (2), the Board is not satisfied that
the improvements required have been made, an
authorized officer shall order closure of the
premises

New section. Inserting the following new section after
subsection 25—

Clinical trials. 25A. (1) A pharmaceutical product shall
not be used for clinical trial unless an approval
422
is granted by the Board with the approval of

the relevant ethics body.
(2) Any person who intends to commence
a clinical trial on a pharmaceutical product
shall make an application to the Board in the
prescribed form and the application shall be
accompanied by the study protocol in the
prescribed format and the prescribed fee.
(3) The study protocol submitted under
subsection (2) shall include a post-trial access
program to ensure access of investigational
medicinal substances by participants in a trial
before grant of marketing authorization by the
Board.
(4) The Board shall prescribe guidelines for
evaluation of applications made under
subsection (2) to be implemented for
accelerated evaluations during emergency
situations, epidemics and outbreaks.
(5) A person granted an approval under
section 25A (1) shall put up a robust quality
assurance system to ensure that the clinical
trial is carried out so as to ensure the integrity
of data generated, the safety and well-being of
study participants.
(6) The Board shall carry out inspections of
the clinical trials so as to ensure compliance of
the clinical trials with the prescribed
requirements.

s.27 Insert the following subsection after
subsection (6)—
(7) It shall be an offence to deal as a
wholesale dealer in poisons without a licence
granted by the Board under subsection (1).
s. 40 (4) Delete subsection (4).
s.44 (1) Insert the following new paragraphs
immediately after paragraph (mm)—
(mma) the standards and practice of
pharmacy;
423
(mmb) pharmacy education and training;

(mmc) continuing professional
development for all practising pharmacists and
(mmd) criteria for issuance of
pharmaceutical representatives permits;
(mme) pharmacovigilance, post market
surveillance and Good Manufacturing Practice;
and
(5) The Board may retain or confiscate a
medicinal substance that it has reasons to
believe is a counterfeit or is illegally imported
and the substance, if found to be counterfeit or
illegally imported shall be disposed at the
expense of the owner or importer of such
substance.
New section. Insert the following new section
Offences. 50A. (1) A person who engages in the
manufacture, importation, exportation,
compounding, storage, promotion or
distribution of medicinal substances—
(a) that is unfit for use in humans or in
animals;
(b) that is adulterated;
(c) that has upon it any natural or added
deleterious substances which renders it
injurious to human or animal health;
(d) that has been manufactured, prepared,
preserved, packaged or stored for sale
under insanitary and or unfavourable
conditions;
(e) that has been labeled, packaged or
promoted in a manner that is false,
misleading, deceptive or likely to create
an erroneous impression regarding its
source, character, value, quality,
composition, potency, merit or safety;
or
(f) any counterfeit starting materials,
commits an offence under this Act.
424
The Medical s.2 Delete the definition of “Board” and

Practitioners substitute therefor with the following new
and Dentists definition—
Act, (Cap “Council” means the Kenya Medical
253). Practitioners and Dentists Council established
under section 3;
Delete the definition of “register” and
substitute therefor with the following new
definition—
“register” means the register of medical
practitioners, dental practitioners and health
institutions for public and private practice
which the Council is required by section 5 to
keep;
Insert the following new definitions in
proper alphabetical sequence—
“assessment” means the determination of
the suitability for registration under the Act by
means of oral or written examination or both”;
“Cabinet Secretary” means the Cabinet
Secretary for the time being responsible for
matters relating to health;
“community oral health” means the
provision of curative, preventive and
promotive oral health care”;
“community oral health officer”, means a
person who has undergone the prescribed
course of training in an approved institution,
and holds a diploma, higher diploma or degree
in community oral health;
“general practice” means the practice of
general medicine or dentistry other than
specialist practice as defined in the Act;
“health facility” has the meaning assigned
No. 21 of to it in the Health Act;
2017.
“health institution” means a facility that is
operated or designed to provide in-patient or
out-patient treatment, diagnostic or therapeutic
interventions, nursing, rehabilitative, palliative,
convalescent, preventative or other health
425
service for public and private use by medical

and dental practitioners;
“intern” means a person holding a medical
or dental degree or its equivalent recognized
by the Council or a person who has passed the
internship qualifying examination, who is
undergoing a prescribed period of internship in
a recognized institution;
“internship” means a prescribed period of
employment during which a medical or dental
graduate works under supervision to fulfill
registration requirements;
“internship qualifying examination” means
a written or oral examination or both which
determines the suitability of foreign trained
graduates who holds a degree recognized by
the Board to undergo internship”;
“licence” means an annual practising
licence issued under section 12 of this Act;
“pre-registration examination” means a
written or oral examination or both which
determines the suitability for registration under
section 6(3) of the Act”
“professional misconduct” means a serious
digression from established or recognized
standards or rules of the profession, that
includes a breach of such codes of ethics or
conduct as may be prescribed for the
profession from time to time;
“specialist” means a medical practitioner or
dentist who has completed an approved post
graduate training programme in a particular
field of medicine or dentistry, and who has
thereafter gained sufficient experience and
demonstrated to the Council’s satisfaction
adequate knowledge and skill, in his chosen
field;
“specialist practice” means the practice of
medicine or dentistry in a specialized field;
s.3 Delete and substitute therefor with the
426
Establishment of
the Council.
3. (1) There is established a Council to be
known as the Kenya Medical Practitioners and
Dentists Council.
(2) The Council shall be a body corporate
with perpetual succession and a common seal
and capable, in its corporate name, of—
(a) suing and being sued;
(b) taking, purchasing or otherwise
acquiring, holding, charging and
disposing of movable and immovable
property; and
(c) doing or performing all such other
things or acts necessary for the proper
performance of its functions under this
Act as may lawfully be done or
performed by a body corporate.

immediately
after section 3—
Composition of 3A. (1) The Council shall consist of—
the Council.
by the President and who shall—
(i) be a specialist medical or dental
practitioner of good standing ; and
(ii) have at least ten years’ experience,
five of which shall be in a
managerial position;
(b) the Director General for Health or a
designated representative;
(c) four persons appointed by the Cabinet
Secretary, nominated as follows—
(i) one person who shall be a
representative of universities in
Kenya which have the power to
grant a qualification which is
registerable under this Act;
(ii) one person who shall be a
representative of the Kenya
Medical Association;
427
(iii) one person who shall be a

representative of Kenya Dental
Association; and
(iv) one person who shall be a
representative of oral health
practitioners;
(d) three persons appointed by the Cabinet
Secretary, as follows—
(i) one person who shall be
nominated by Kenya National
Commission on Human Rights;
(ii) one person who shall be a
representative of the private sector
in health; and
(iii) one person with knowledge and
expertise in finance or audit; and
(e) the Chief Executive Officer who shall
be the Registrar and an ex officio
member and also the secretary to the
Council.
(2) A person appointed as a member of the
Council under this Act, other than the ex
officio member, shall serve for a term of three
years and shall be eligible for reappointment
for a further and final term of three years.
(3) The chairperson shall preside at all
meetings of the Council and, in the absence for
any reason of the chairperson, the other
members of the Council who are present at that
meeting shall choose one of the members to act
as the chairperson at the meeting.
(4) A member of the Council may—
(a) at any time resign from office by giving
thirty days’ notice in writing to the
chairperson;
(b) be removed from office if the member−
(i) has been absent from three
consecutive meetings of the
Council without permission of the
chairperson;
428
(ii) is convicted of an offence

involving dishonesty or fraud;
(iii) is convicted of a criminal offence
and sentenced to imprisonment for
a term exceeding six months or
more; or
(iv) is incapacitated by prolonged
physical or mental illness or is
deemed otherwise unfit to
discharge his or her duties as a
member of the Council.
(5) Six members of the Council shall
constitute a quorum at any meeting.
(6) The powers of the Council shall not be
affected by any vacancy in the membership
thereof.
(7) The Council shall meet at least once in
every three months.
(8) The chairperson, may, with prior
approval of the Council, appoint suitable
persons to assist in carrying out particular
decisions of the Council or particular duties or
investigations for the Council.
(9) Subject to the provisions of this Act,
the Council may regulate its own procedure.
(10) Pursuant to nominations in paragraphs
(1)(c) and (d), each organization shall present
two nominees one of whom shall be appointed
by the Cabinet Secretary taking into account
ethnic diversity, gender, disability, skills mix
and regional balance.

s.4 Delete and substitute therefor the following
new section—

Functions of 4. (1) The functions of the Council shall be
the Council. to—
(a) establish and maintain uniform norms
and standards on the learning of
medicine and dentistry in Kenya;
(b) approve and register medical and dental
schools for training of medical and
dental practitioners;
429
(c) prescribe the minimum educational

entry requirements for persons wishing
to be trained as medical and dental
practitioners;
(d) maintain a record of medical and dental
students;
(e) conduct internship qualifying
examinations, preregistration
examinations, and peer reviews as
deemed appropriate by the Council;
(f) inspect and accredit new and existing
institutions for medical and dental
internship training in Kenya;
(g) license eligible medical and dental
interns;
(h) determine and set a framework for
professional practice of medical and
dental practitioners;
(i) register eligible medical and dental
practitioners;
(j) regulate the conduct of registered
medical and dental practitioners and
take such disciplinary measures for any
form of professional misconduct;
(k) register and license health institutions;
(l) carry out inspection of health
institutions;
(m) regulate health institutions and take
disciplinary action for any form of
misconduct by a health institution;
(n) accredit continuous professional
development providers;
(o) issue certificate of status to medical and
dental practitioners and health
institutions; and
(p) do all such other things necessary for
the attainment of all or any part of its
functions.

430
New. Insert the following new sections


Committees of the 4A. (1) The Council shall constitute the
Council. following committees—
(a) training, assessment, registration and
human resources committee;
(b) disciplinary and ethics committee
whose mandate shall include—
(i) conducting inquiries into
complaints submitted to it;
(ii) regulating professional conduct;
(iii) ensuring fitness to practice and
operate;
(iv) promoting mediation and
arbitration between parties; and
(v) at its own liberty, recording and
adopting mediation agreements or
compromise between parties, on
the terms agreed;
(c) inspections, licensing, finance and
general purposes committee; and
(d) audit and risk committee.
(2) The Council may from time to time
appoint such other ad hoc committees
as it may deem necessary for the
effective carrying out of its functions
under this Act.
(3) Any committee appointed by the
Council under subsection (1) or (2) shall
consist of such persons as the Council deems
necessary.
(4) The Corporation Secretary shall be the
secretary of all committees appointed under
this Act.
Powers of the 4B. The Council shall have all powers
Council.
necessary for the proper performance of its
functions under this Act and in particular, but
without prejudice to the generality of the
foregoing, shall have power to—
431
(a) control, supervise and administer the

assets of the Council in such manner
and for such purpose as best promotes
the purpose for which the Council is
established;
(b) determine the provisions to be made for
capital and recurrent expenditure and
for the reserves of the Council;
(c) receive any grants, gifts, donations or
endowments and make legitimate
disbursements therefrom;
(d) enter into an association with other
bodies or organizations within or
outside Kenya as the Council may
consider desirable or appropriate and in
furtherance of the purpose for which
the Council is established;
(e) open a bank account or banking
accounts for the funds of the Council;
and
(f) invest any of the funds of the Council
not immediately required for its
purposes in accordance with the Public
No. 18 of 2012
Finance Management Act and other
relevant laws.
Chief Executive 4C. (1) There shall be a Chief Executive
Officer.
Officer of the Council who shall be appointed
by the Council through a competitive process
and whose terms and condition of service shall
be determined by the Council in an instrument
of appointment or otherwise in writing from
time to time.
(2) A person shall be qualified to be
appointed as the Chief Executive Officer if the
person—
(a) possesses a masters’ degree or its
equivalent from a university recognised
in Kenya;
(b) has at least ten years professional and
administrative experience in matters
related to health; and
432
(c) meets the requirements of Chapter Six

of the Constitution.
(3) The Chief Executive Officer shall be
responsible for the daily management of the
staff and affairs of the Council
(4) The Chief Executive Officer shall
serve for a term of four years and shall be
eligible, subject to satisfactory performance, to
reappointment for a single further term of four
years.
Staff of the
Council.
4D. The Council may employ such
professional, technical and other staff for the
proper and efficient discharge of its functions
on such terms and conditions as the Council
may determine.

s.5(1). Delete the words “of Medical Practitioners
and Dentists”.
(2) Delete the words “Director of Medical
Services” and substitute therefor the words
“Chief Executive Officer”.
(3) Delete and substitute therefor the following
subsection—
(3) The Registrar shall annually maintain—
(a) a register for interns;
(b) a register of medical and dental
practitioners;
(c) a register of community oral health
officers;
(d) a register of general practitioners;
(e) a register of specialist practitioners;
(f) a register of foreign medical and dental
practitioners;
(g) a register of approved medical and
dental schools;
(h) a register of approved internship
training centres;
433
(i) a register of health institutions; and

(j) such other registers as may from time
to time be required by the Council.
new section—

Registration of 6. (1) A person who—
medical
practitioners and (a) is a citizen of Kenya;
dentists.
(b) is a holder of a degree or other
qualification obtained from a
University in Kenya or the East African
Community which is recognized by the
Council as making him eligible for
registration;
(c) presents proof of completion of
internship; and
(d) satisfies the Council that he is a person
of good moral standing, may apply to
the Council for full registration as a
medical or dental practitioner under
this Act.
(2) A person who—
(a) is a citizen of Kenya;
University outside Kenya or outside the
East African Community which is
recognized by the Council as making
him eligible for registration;
(c) has passed the internship qualifying
examinations;
(d) presents proof of completion of
internship; and
(e) satisfies the Council that he is a person
this Act.
(3) A person who−
(a) is a citizen of Kenya;
434

University outside Kenya or outside the
East African Community which is
recognized by the Council as making
him eligible for registration;
(c) presents proof of completion of
internship in the country in which he
trained;
(d) has passed pre-registration
examination; and
this Act.
(4) A person who—
(a) is a citizen of the East African
Community;
qualification recognized by the Council
as making him eligible for registration;
(c) presents proof of registration in their
country of origin; and
(d) satisfies the Council that he is a person
the Council for reciprocal registration
as a medical or dental practitioner
under this Act.
(5) A person who−
(a) is not citizen of Kenya or of a partner
state of the East African Community;
qualification recognized by the Council
as making him eligible for registration;
(c) presents proof of registration from the
country of origin or any other
jurisdiction;
(d) satisfies the Council that, he has
acquired sufficient knowledge of, and
experience in, the practice of medicine
or dentistry as the case may be;
435

of good moral standing; and
(f) has passed an examination prescribed
by the Council, may apply to the
Council for temporary registration as a
foreign medical or dental practitioner
under this Act as is prescribed in
regulations.
(6) An application made under subsections
(1), (2), (3), (4) or (5) shall be in the prescribed
form and shall be accompanied by the
prescribed fee.
(7) The Council shall consider every
application made under this section and shall
register the applicant if satisfied that the
applicant is—
(a) duly qualified in terms of this section;
and
(b) a fit and proper person to be so
registered.

s.7 Delete the words “the Registrar” and
substitute therefor the words “the Council”.
Insert the words “of registration”
immediately after the word “certificate”.
(2). Delete the words “the Registrar” and
substitute therefor the words “the Council”.
Insert the words “and health institutions”
immediately after the words “dental
practitioners”.
Delete the word “Board” and substitute
therefor the word “Council”.
s.11 Delete and substitute therefor with the
following new section−
Registration of 11. A person registered under this Act who
higher
qualifications for
has obtained a higher degree or qualification
medical than the qualification in respect of which he
practitioners or has been registered may apply to the Council
dentists. to have that higher degree or qualification
436
inserted in the register in addition to the

qualification previously registered, on the
payment of a prescribed fee.
immediately after section 11A—
Recognition of 11B. (1) The Council may recognize a
specialists.
medical or dental practitioner as a specialist in
any of the fields under the Act or the rules
thereunder.
(2) A medical or dental practitioner shall
be recognized as a specialist if the medical or
dental practitioner—
(a) is a holder of a post graduate
qualification equivalent to
masters’ degree in medicine or dental
surgery awarded after a period of
training recognized by the Council; and
(b) has at least two years’ experience after
obtaining the post graduate
qualification under the supervision of a
recognized specialist.
(3) The Council may recognize a medical
or dental practitioner as a sub-specialist in any
of the fields under the Act or the rules
thereunder.
(4) A medical or dental practitioner shall
be recognized as a sub-specialist if the medical
or dental practitioner—
(a) possesses a basic specialist
qualification in his or her discipline;
(b) has at least six months training; and
(c) has at least one year experience under
the supervision of a recognized sub-
specialist.

section—
Specialist 12. (1) The Council shall issue in
licences. accordance with this section and rules made
under this Act, general, specialist and any
437
other practising licences as the Council shall

determine from time to time authorizing
medical practitioners and dentists named
therein to practice medicine or dentistry.
(2) An application for a practising licence
under subsection (1) shall be made to the
Council in the prescribed form and
accompanied by the prescribed fee.
(3) All medical practitioners and dentists
shall be required to satisfy the Council’s
requirement for continuing professional
development before the renewal of annual
practising licences.
(4) A practising licence shall bear the date
of day on which it is issued and shall have
effect from that day:
Provided that a practising licence issued
during the first month of any practising year
shall have effect, for all purposes, from the
beginning of that month.
(5) The practising year for a practising
licence shall be from the first of January to the
thirty-first of December:
Provided that the Council, in consultation
with the Cabinet Secretary, may, by order in
the Gazette, alter the practising year and the
order may make such transitional provisions
regarding incidental matters as may be
expedient.
(6) A practising license shall expire at the
end of the practising year in which it was
issued:
Provided that, where the name of a medical
or dental practitioner is removed or struck off
the register, the practising license, if any, shall
expire forthwith.

section—
Internship and
temporary
13. (1) A medical and dental graduate who
licences. intends to undertake internship training shall
438
apply to the Council in the prescribed form and

upon payment of the prescribed fee for an
internship licence.
(2) If the Council is satisfied that the
graduate meets the set requirements, it shall
issue the graduate an internship licence with or
without conditions on the licence.
(3) The Council shall grant temporary
licences to eligible foreign medical and dental
students to perform specific work or works in
specific institutions in Kenya.
(4) An internship licence issued under
subsection (2) shall be for a period not
exceeding twelve months within a practising
year.
(5) A temporary licence issued under
subsection (3) shall be for a period not
exceeding twelve months within a practising
year and may be renewed.

section—
Renewal of
practising
14. (1) A medical practitioner or dentist,
licences. issued with a practising licence may apply for
the renewal of the licence in the prescribed
form at least thirty days before the expiry
thereof.
(2) A medical practitioner or dentist who
fails to apply for renewal of their practising
licence within the period specified under
subsection (1), shall, when applying for
renewal, be required to pay such late
application fee as shall be prescribed by the
Council.
(3) The Council may refuse to renew, or
suspend, withdraw or cancel any practising
licence, if satisfied that the medical
practitioner or dentist is guilty of professional
misconduct or is in breach of any provisions of
this Act or any regulations made thereunder,
within a period of twelve months immediately
439
preceding the date of the application for

renewal.
(4) A person who is aggrieved by the
decision of the Council in the exercise of its
powers under subsection (3) may appeal to the
High Court.

section—
Registration of 15. (1) A person or organization may apply
health institutions.
to the Council for the registration of a health
institution in the prescribed form which shall
be accompanied by the prescribed fee.
(2) Where the applicant satisfies the
Council that the institution meets the
requirements for registration, the Council shall
register the facility as an approved health
institution.
(3) The Council shall issue to every
approved health institution registered under
this Act, a certificate of registration in the
prescribed form.
(4) The Council shall issue in accordance
with this section and rules made under this
Act, a licence authorizing the use of any
premises as a health institution.
(5) An application for a licence under
subsection (4) shall be made to the Council in
the prescribed form and accompanied by the
prescribed fees and shall be made on or before
the thirtieth of October of each practising year.
(6) A licence issued under this section shall
bear the date of day on which it is issued and
shall have effect from that date:
Provided that a licence issued during the
first month of any practising year shall have
effect for all purposes from the beginning of
that month.
be displayed in a conspicuous place at the
health institution to which the licence relates.
440

specify the nature of services that may be
provided by the health institution.
(9) The Council may decline to renew,
cancel, withdraw or revoke any licence issued
under this section, if it is satisfied that the
health institution is being operated in a manner
that contravenes any provisions of the Act or
any regulations made under this Act.
(10) A health institution registered under
this Act shall be inspected by the Council.
(11) No premise shall be used by any
person as a health institution unless it is
registered and licenced for such use by the
Council.


Professional 15A. Every practitioner shall in each year
indemnity. take a professional indemnity cover and every
health institution shall in each year insure the
health institution against professional liability
of its staff.

s.19 Delete.
section—
Disciplinary 20. (1) Any person who is dissatisfied with
proceedings.
any professional service offered, or alleges a
breach of standards by a registered or licensed
person under this Act, may lodge a complaint
in the prescribed manner to the Council.
(2) The Council may, or through a
committee appointed for that purpose, inquire
into any complaint of professional misconduct,
malpractice or any breach of standards.
(3) Upon an inquiry held by the Council to
determine the complaint made under
subsection (2), the person whose conduct is
being inquired into shall be afforded an
opportunity of being heard, either in person or
through a representative.
441
(4) For purposes of proceedings at any

inquiry held under this section, the Council
may administer oaths, enforce the attendance
of witnesses and production of books and
documents.
(5) The Council shall regulate its own
procedure in disciplinary proceedings.
(6) Where after an inquiry, the Council
determines that a person is guilty, the Council
may—
(a) issue a caution or reprimand in writing;
(b) direct a medical practitioner or dentist
to undergo remedial training for a
period not exceeding twelve months;
(c) direct the medical practitioner or
dentist be placed on probation for a
period not exceeding six months;
(d) suspend, withdraw or cancel the
practising licence of a medical
practitioner or dentist for a period not
exceeding twelve months;
(e) suspend, withdraw or cancel the licence
of a health institution or a section of the
health institution for a period not
exceeding twelve months;
(f) permanently remove the name of a
medical practitioner or dentist from the
registers under section 5(3); or
(g) in addition to the penalties stipulated in
paragraphs (a), (b), (c), (d), (e) or (f),
impose a fine which the Council deems
appropriate in the circumstance.
(7) A person or health institution whose
licence has been withdrawn or cancelled under
subsection (6), shall forthwith surrender the
license to the Council.
(8) A person or health institution whose
name has been removed from the register
under subsection (6)(f) shall forthwith
surrender the registration certificate to the
Council.
442
(9) A person aggrieved by a decision of the

Council made under subsection (6) may,
within thirty days from the date of the decision
of the Council, appeal to the High Court.
(10) Notwithstanding the provisions of
section 3A (5), the Council shall not remove
the name of a person from the register under
subsection (6) unless at least seven members of
the Council are present in the inquiry.

following section—
Penalty for
unregistered and
22. (1) A person who is not registered or
unlicensed person licensed, including a person aiding or
practising. assisting therein, under this Act, and makes
or produces or causes to be made or
produced any false or fraudulent
presentation or declaration either orally or in
writing, commits an offence and shall be
liable, on conviction, to a fine not exceeding
five million shillings or to imprisonment for
a term not exceeding five years or to both.
(2) Any person who falsely takes or uses
any name, title or addition implying a
qualification to practice medicine or
dentistry or who not being registered or
licensed under this Act, practices or
professes to practice or publishes his name
as practising medicine or dentistry, commits
an offence and shall be liable on conviction
to a fine not exceeding five million shillings
or to imprisonment for a term not exceeding
five years or to both.
(3) Any person who uses the title
“doctor” unless he is registered or licensed
under this Act as a medical practitioner or
dentist or has acquired doctoral
qualifications or has obtained such
qualifications which entitles him to use that
title, commits an offence and shall be liable
on conviction to a fine not exceeding five
million shillings or to imprisonment for a
term not exceeding five years or to both.
443
(4) Any person who, while in charge of a

health institution, employs or engages the
services of another person as a medical
practitioner or dentist who is not registered
and licenced under this Act, commits an
offence and shall be liable on conviction to a
fine not exceeding ten million shillings or
imprisonment for a term not exceeding five
years or to both.
(5) A person who uses premises as a
health institution which premises is not
licensed as a health institution commits an
offence and shall be liable on conviction to a
fine not exceeding ten million shillings or
years or to both.

s.23 Delete the opening sentence and
substitute therefor the following new
opening sentence—
“The Cabinet Secretary may, after
consultation with the Council, make rules
generally for the better carrying out of the
provisions of this Act, and any such rules
may, without prejudice to the generality of
the foregoing—”
Insert the following new paragraphs
immediately after paragraph (d)—
(e) provide for indemnity for clients
against loss or damage arising from
claims in respect of any liability
incurred by a practitioner or a health
institution or the employee of a
practitioner or health institution;
(f) provide for the training, registration,
licensing and regulation of community
oral health officers; and
(g) provide for the process and criteria for
registration and licensing of foreign
doctors.
s.24 Delete.
444


Savings and 26. (1) All property, assets, rights,
transition.
liabilities, obligations, agreements and other
arrangements existing at the commencement
of this Act and vested in, acquired, incurred
or entered into by or on behalf of the
Medical Practitioners and Dentists Board,
shall be deemed to have vested in or to have
been acquired, incurred or entered into by or
on behalf of the Council to the same extent
as they were enforceable by or against
Kenya Medical Practitioners and Dentists
Council.
(2) A person who is an employee of the
Medical Practitioners and Dentists Board,
shall be deemed to be an employee of the
Kenya Medical Practitioners and Dentists
Council on the terms and conditions
existing, until the expiry of the contract.
(3) Any legal proceedings pending in
any court or tribunal by or against the
Medical Practitioners and Dentists Board, in
respect of any matter shall continue by or
against the Council.
(4) The members of the Medical
Practitioners and Dentists Board, who were
appointed, nominated or elected as Board
members under section 4, shall continue to
hold and act as Council members, until the
end of their term.
The Nurses Act, s. 1 Insert the words “and Midwives”
(Cap 257). immediately after the word “Nurses”.
s.2. Delete the word “Minister” in the
definition of the words “approved
institution” and substitute therefor the
expression “Cabinet Secretary”;
Delete the word “Minister” wherever it
appears in the definition of the words “local
supervising authority” and substitute
therefor the expression “Cabinet Secretary”;
445
Insert the words “or midwifery”

immediately after the word “nursing” in the
definition of the word ''licence'';
proper alphabetical sequence—
“Cabinet Secretary” means the person
for the time being responsible for matters
relating to health;
“enrolled community health nurse”
means a person who has undergone training
in an approved nursing programme in an
approved institution and has been enrolled
and licensed by the Council;
“member” means a member of the
Council;
“midwife” means a person who has
successfully completed midwifery education
programme based on the essential
competences for basic midwifery practice
according to global standards of midwifery
education and is recognized and licensed in
the country of origin;
“nurse” means a person who is
authorized by licensure to practice as an
enrolled or registered nurse;
“post basic” means acquiring a second
qualification after initial entry into the
profession through a basic nursing course;
“private practice” means the engagement
as a registered or enrolled nurse or midwife
in the provision of nursing care in the
private sector in an independent capacity;
“specialist” means a person registered
under this Act as a nurse practitioner, an
advanced practice nurse, nurse or registered
midwife who has acquired the expert
knowledge base, complex decision-making
skills and clinical competencies for
expanded practice and who has a master’s
degree or above from a recognized
university in any of the following
disciplines—
446
(a) midwifery;
(b) medical surgical nursing;
(c) paediatrics nursing;
(d) oncology and palliative care nursing;
(e) forensic nursing;
(f) community health nursing;
(g) nursing education;
(h) nursing management and leadership;
(i) mental health nursing;
(j) nursing informatics;
(k) critical care nursing;
(l) gerontology nursing;
(m) nephrology nursing; and
(n) such other specialization that the
Council may from time to time deem
necessary; and “year” means
financial year;
s.4. Delete and substitute therefor the

Membership of the
Council.
4. (1) The Council shall consist of the
following persons appointed by the Cabinet
Secretary—
(a) a chairperson who shall—
(i) be a holder of a diploma or
Bachelor’s degree in nursing
from a university or college
recognized in Kenya; and
(ii) have at least ten years’
experience in leadership and
management;
(b) the Director of Nursing Services or a
representative appointed in writing
by the Director of Nursing Services;
(c) one person nominated by the
National Nurses Association of
Kenya;
447
(d) one person nominated by other

professional associations of Kenya
representing nurses and midwives;
(e) one representative of midwives
involved in clinical practice;
(f) one representative of accredited mid-
level institutions involved in the
training of nurses and midwives in
Kenya;
(g) one representative of accredited
universities involved in training of
nurses and midwives in Kenya;
(h) one person nominated by the Cabinet
Secretary to represent the public;
(i) the Chief Executive Officer who
shall be the Registrar and shall be
appointed in accordance to section
11 of this Act and shall be an ex
officio member of the Council; and
(j) the Director General of Health or a
representative appointed in writing
by the Director General of Health.
(2) Appointments under subsection
(1)(h) shall take into consideration gender
and regional balance and the mix of skills
and competencies required for the
achievement of the organization’s long-term
goals, and shall be published in the Kenya
gazette.
(3) A member appointed under
paragraph (1)(b) shall be an ex officio
(4) A member of the Council including
the chairperson shall be a Kenyan citizen of
good professional standing and meet the
requirements of Chapter Six of the
Constitution.
(5) A member of the Council appointed
under this Act shall be a holder of a relevant
diploma or degree obtained from a
448
university or institution recognized by the

Council.
(6) A member of the Council except the
ex officio members shall hold office for a
term of three years and may be eligible for
reappointment for one further term.
(7) There shall be a Corporation
Secretary who shall be appointed by the
Council through a competitive process.
(8) Pursuant to nominations in
paragraphs (c), (d), (e), (f) and (g) of
subsection (1), each organization shall
present two nominees one of whom shall be
appointed by the Cabinet Secretary taking
into account ethnic diversity, gender
disability, skills mix and regional balance.

after section 4−

Corporation
Secretary.
4A. There shall be a Corporation
Secretary to the Council who shall be
appointed by the Council, on such terms and
conditions of service as the Council may
determine.

s.5(1). Delete the expression “section 25(1)” in
paragraph (b) and substitute therefor with
the expression “section 18B”.
Insert the following new paragraph
immediately after paragraph (b)—
(c) he has contravened the provisions
of Chapter 6 of the Constitution or
convicted of a criminal offence
punishable by a fine or imprisonment for
more than six months.
(3)
Delete the word “Minister” wherever it
appears in and substitute therefor the
expression “Cabinet Secretary”.
s.6. Delete.
s.7(1). Delete the word “chairman” and
substitute therefor the word “chairperson”.
449
Delete and substitute therefor the

(2) following new subsection—
“(2) The chairperson may at any time
convene a special meeting of the Council
and shall do so within fifteen days of a
written requisition of the meeting signed by
at least five members.”
Insert the following new subsection
(3) Council meetings shall be presided
over by the chairperson or in the
chairperson’s absence any other member
elected by the Council at the meeting for
that purpose.
s.8(1). Delete and substitute therefor the
following new subsection—
(1) The quorum of the Council meetings
shall be five members, but no meeting shall
be held or continued, notwithstanding that
there is quorum, unless the Registrar or a
person deputizing the Registrar is present.
(2) Delete the word “chairman” in
subsection (2) and substitute therefor the
word “chairperson”.
s.9(1) Delete the word “Minister” wherever it
appears and substitute therefor the
Delete the words “nursing commodities”
appearing in paragraph (i).
Delete paragraph (k) and substitute
therefor the following new paragraph—
(k) to advise the Cabinet Secretary on
any matter falling within the scope
of this Act.
s.10(1). Delete subsection (1) and substitute
therefor the following subsection—
(1) The Council may, for the effective
discharge of its functions under this Act,
establish the following committees—
450
(a) registration, education and

examination;
(b) discipline, standards and ethics;
(c) finance, strategy and development;
and
(d) risk and audit.
Delete the word “chairman” wherever it
appears and substitute therefor the word
(6) “chairperson”.
(7) Delete.
s.11(1) Delete subsection (1) and substitute
therefor the following subsection−
(1) The Council shall, with the approval
of the Cabinet Secretary, competitively
appoint a Registrar who shall—
(a) be a registered nurse or midwife;
(b) be the Chief Executive Officer to the
Council;
(c) perform such duties as may be
prescribed by this Act or directed by
the Council; and
(d) be an ex officio member of the
Council.
(2) Delete subsection (2) and substitute
therefor the following subsection−
(2) The Council may appoint such other
officers as the work of the Council may
require, and those officers shall perform
such duties as the Council may direct.
(4) Delete the word “may” appearing in
subsection (4) and substitute therefor the
word “shall”.
(5) Delete subsection (5) and substitute
therefor the following new subsection−
“(5) The officers appointed under this
section shall be paid such remuneration
and allowances as the Council may, on
451
the advice of the Salaries and

Remuneration Commission, determine.”
New
Subsection Insert the following new subsection
“(6) The Chief Executive Officer shall
serve for a term of four years and shall be
eligible for reappointment for one further
term of four years, subject to satisfactory
performance.”

Registers to be
kept.
12. (1) The Registrar shall compile and
keep a register of nurses and midwives in
the prescribed form.
(2) Every person eligible to be registered
as a nurse or midwife may apply in the
prescribed form to the Registrar for
registration and every such application shall
be accompanied by the prescribed fee.
(3) Subject to payment of a retention fee,
there shall be entered and maintained in the
appropriate register the name and address of
every person entitled to be registered under
this Act together with his or her professional
qualifications and such other particulars as
may be prescribed by the Council.
(4) Every person registered under this
Act who has obtained a higher degree or
qualification other than the qualification in
respect of which he has been registered,
shall be entitled to have that higher degree
or additional qualification inserted in the
register in substitution for or in addition to
the qualification previously registered, upon
paying the prescribed fee.

s.14(1). Delete the word “Minister” and
substitute therefor the expression “Cabinet
Secretary”.
s.16(1). Delete the word “Minister” wherever it
appears and substitute therefor the
452

following new section−

Private practice. 17. (1) A person may engage in private
practice as a nurse or a midwife if that
person—
(a) is a citizen of Kenya or a foreign
national;
(b) is registered and licensed to practice
in Kenya;
(c) is a holder of a valid practising
license issued under this Act;
(d) is of professional good standing, as
may be prescribed by the Council;
(e) has paid the fee as prescribed by the
Council;
(f) meets such other requirements as
may be prescribed by the Council;
and
(g) is a holder of such other nursing or
midwifery qualification as may be
prescribed.
(2) A person is not qualified to operate a
clinic in community nursing or midwifery
services as a private practitioner unless such
person has at least three years post
qualification experience in community
nursing or midwifery and is in active
practice in Kenya.
(3) Despite the provisions of sub
sections (1) and (2), a person is not qualified
to operate a nursing home, maternity home
or a nursing and maternity home as a private
practitioner unless such person has been in
active practice for at least five years in
Kenya.
(4) If a license is due for renewal and the
licensee has not made an application within
the thirty days from the date of expiry, the
licensee shall not engage in private practice
until a renewal license is issued.
453
(5) An application to engage in private

practice or for renewal shall be made to the
Council in the prescribed form,
accompanied with the prescribed fee.
(6) A person who has made an
application to engage in private practice
shall be issued with such license by the
Council upon satisfying such requirements
for issuance with a licence under this Act.
(7) A practising certificate shall be valid
from the date on which it is issued and shall
expire on the thirtieth day of December of
every year unless its holder ceases to be a
registered person under this Act.
(8) A person who contravenes the
provisions of this section commits an
offence and is liable upon conviction, to a
fine not exceeding one million shillings or to
imprisonment for a term not exceeding one
year, or to both.

s.19(2). Delete the word “Minister” and
Secretary”.
s.26. Delete the word “Minister” and
Secretary”.
s.27. Delete the word “Minister” and
Secretary”.
New sections. Insert the following new sections

Financial year. 27A. The financial year of the Council
shall be the period of twelve months
commencing on the first of July and ending
on the thirtieth of June of the subsequent
year.
Accounts and
Audit.
27B. (1) The Council shall keep proper
books and records of account of income,
expenditure, assets and liabilities of the
Council.
454
(2) Within a period of three months after

the end of each financial year, the Council
shall submit to the Auditor-General accounts
of the Council in respect of that year together
with a—
(a) statement of the income and
expenditure of the Council during
that year; and
(b) statement of the assets and liabilities
of the Council on the last day of that
financial year.
(3) The annual accounts of the Council
shall be prepared, audited and reported upon,
in accordance with the provisions of Articles
226 and 229 of the Constitution and the law
relating to public audit.

The Kenya s.2. Delete the expression “Board of
Medical Training management” appearing in the definition of
College Act, the word “statutes” and substitute therefor
(Cap. 261). the expression “Board of Directors”.
Delete the definitions of “Academic
Board”, “Board of Management”,
“Principal” and “Deputy Principal”.
proper alphabetical sequence−
“Academic Council” means the
Academic Council of the College
established under section 11;
“Board of Directors” means the Board of
Directors of the College established under
section 9;
“Cabinet Secretary” means the Cabinet
Secretary for the time being responsible for
matters relating to health;
“Chief Executive Officer” means the
Chief Executive Officer appointed under
section 8; and
“Deputy Director” means a Deputy
Director of the College appointed under
section 8.
455
s.3(1)(b) Delete and substitute therefor the

following paragraph—
(b) such other institutions as the
Cabinet Secretary may, from time to
time in consultation with the Board of
Directors, by notice in the Gazette,
declare to be a campus of the College.
s.4(1) Delete and substitute therefor the
(1) The Common seal of the College
shall be kept in the custody of the
Corporation Secretary and shall not be
used except by the order of the Board of
Directors.
(2) following new subsection−
“(2) The common seal of the College
shall be kept in the custody of the
Corporation Secretary and shall be
authenticated by the signature of the
Chief Executive Officer.”
Delete the expression “Board of
(3) Management” and substitute therefor the
expression “Board of Directors”.
s.5(1) Delete the expression “Academic Board”
(b) and substitute therefor the expression
“Academic Council”.
(h) Delete the expression “constituent
training centres” appearing in paragraph (h)
and substitute therefor the expression
“campuses”.
(2) Delete the expression “Board of
Management” and substitute therefor the
s.7(a) Delete the expression “Principal” and
substitute therefor the expression “Chief
Executive Officer”.
(b) Delete the expression “Deputy
Principal” and substitute therefor the
expression “Deputy Directors”.
456
(c) Delete the words “constituent training

centre” and substitute therefor the word
“campus”.
(d) Delete the expression “Board of
Management” and substitute therefor the
(e) Delete the word “Board” and substitute
therefor the word “Council”.
(i) Delete.
(j) Management” and substitute therefor the
s.8 Delete the marginal note and substitute
therefor the following new marginal note−
The Chief Executive Officer and Deputy
Directors.
(1) Delete and substitute therefor the
(1) There shall be a Chief Executive
Officer who shall be the secretary to the
Board of the College who shall be appointed
by the Board of Directors, and who shall
have the following minimum
qualifications—
(a) hold a masters’ degree in the relevant
field from a university recognized in
Kenya;
(b) have at least ten years’ knowledge
and experience in the relevant field;
(c) meet the requirements of Chapter Six
of the Constitution; and
(d) have served in a position of senior
management for a period of at least
five years.
(2) Delete the expression “Principal” and
Management” appearing in paragraph (c)
457
and substitute therefor the expression

“Board of Directors”.
following subsection—
(3) The Board of Directors shall appoint
Deputy Directors in the following areas to
assist the Chief Executive Officer−
(a) academic;
(b) finance, planning and administration;
(c) research and innovation; and
(d) business development, resource
mobilization and consultancy.
following subsection−
“(4) The Chief Executive Officer
shall hold office for a term of four years
and shall be eligible for reappointment
for one further term of four years subject
to satisfactory performance of duties.”
“(5) There shall be a Corporation
Secretary to the Board who shall be
appointed by the Board, on such terms
and conditions of service as the Board
may determine.”
therefor the following new marginal note -
The Board of Directors.
(1) The Board shall comprise the
following—
(a) a chairperson appointed by the
President who shall—
(i) have a minimum of a

bachelors’ degree in a relevant
458
field from a university

recognised in Kenya; and
experience in leadership and
management;
(b) the Chief Executive Officer who
shall be an ex-officio member;
(c) the Principal Secretary in the
Ministry for the time being
responsible for health or their
(d) the Principal Secretary in the
Ministry for the time being
responsible for national treasury
or their designated representative
(e) the Director General of Health or
their designated representative;
(f) three independent members
appointed by the Cabinet
Secretary taking into consideration
gender balance, regional balance
and skills mix; and
(g) one person with knowledge and
expertise in finance or audit
Secretary.
Insert the following new subsections
immediately after subsection (1)−
(1A) The chairperson shall preside over
all meetings of the Board of Directors and in
his or her absence the members present shall
choose one of the members to act as the
chairperson.
New (1B) A person appointed to act as
Subsections chairperson shall have all the powers and
privileges of the chairperson in respect of
the meeting at which he or she presides.
(1C) The Board of Directors shall meet
at least once every three months.
459
(1D) Each member of the Board of

Directors shall have a deliberative vote and
the chairperson for the time being at any
meeting of the Board shall, in addition to the
deliberative vote have a casting vote.
(1E) Two thirds of the members of the
Board of Directors, including the
chairperson, shall constitute a quorum at any
meeting of the Board, and all acts, matters or
things authorized or required to be done by
the Board of Directors, may be decided at
any meeting at which a quorum is present.
(1F) The powers of the Board of
Directors shall not be affected by any
vacancy in membership thereof.
(1G) The Chief Executive Officer shall
be a member without voting rights.
(1H) The Board of Directors may
constitute committees to perform the
following functions—
(a) audit;
(b) governance;
(c) risk;
(d) compliance;
(e) finance;
(f) human resource;
(g) strategy; and
(h) technical matters.
management” and substitute therefor the
Insert the words “for one further term”
immediately after the word “re-
appointment”.
following new subsection−
“(3) The office of a member of the
Board of Directors shall become vacant−
460
(2) (a) if, not being an ex officio

member−
(i) he resigns from office by
writing to the appointing
authority;
(ii) he is convicted of an
(3) offence and sentenced to
imprisonment for a term
exceeding six months
without the option of a fine;
(iii) he is absent, without
permission of the Board of
Directors, from three
consecutive meetings;
(b) if the Board of Directors is
satisfied that such member is, by
reason of physical or mental
infirmity, unable to exercise the
functions of his office;
(c) upon death;
(d) upon adjudication of bankruptcy
by a court of competent
jurisdiction;
(e) upon conviction of an offence
related to fraud; or
(f) upon the conviction for offence
under this Act.”
(4) Delete the expression “Principal” and
(5) (5) Notwithstanding the provisions of
this section, the procedure and conduct of
affairs of the Board of Directors shall be
regulated by the statutes.
461

therefor the following marginal note−
Functions of the Board of Directors.
(1) management” and substitute therefor the
(2) following subsection—
(2) Notwithstanding subsection (1), the
Board of Directors shall have power —
(a) to administer the property and funds
of the College in a manner and for
purposes which shall promote the
best interests of the College; but the
Board of Directors shall not charge
or dispose of immovable property of
the College except in accordance
with the procedures laid down by the
State Corporations Advisory
Committee established under the
State Corporations Act;
Cap. 446.
(b) to receive, on behalf of the College
or a campus, gifts, donations, grants
or other moneys and to make
disbursements therefrom to the
campuses or other bodies or persons;
(c) in consultation with the Cabinet
Secretary, to determine the scales of
fees payable by or in respect of
students at the College and to
prescribe the conditions under which
fees may be remitted in whole or in
part;
(d) to provide for the welfare of the staff
and students of the College;
(e) to enter into association with
universities, other colleges and other
institutions of learning whether
within Kenya or otherwise, as the
Board of Directors may deem
necessary and appropriate;
462
(f) to make, after consultation with the

Academic Council, regulations
governing the conduct and discipline
of students of the College; and
(g) to make investments on behalf of the
College.

The Academic 11. (1) There shall be an Academic
Council.
Council of the College which shall consist
of−
(a) the Chief Executive Officer, who
shall be the chairperson of the
Academic Council;
(b) four Deputy Directors;
(c) one head of the faculties of the
College appointed by the Board;
(d) one head of each campus appointed
by the Board;
(e) two members of the academic staff of
the College, not being members of
the Academic Council under any
other provisions of this subsection,
elected by the College Staff
Association; and
(f) two student members elected by the
student body of the College, except
that the student members shall not be
entitled to attend deliberations of the
Academic Council on matters which
are considered by the Chief
Executive Officer to be confidential
and which relate to examinations,
the general discipline of students and
other related matters.
(2) The Academic Council shall have
the following powers—
(a) to satisfy itself regarding the content
and academic standard of any course
of study in respect of any diploma,
463
certificate or other award of the

College, and to report its findings to
the Board of Directors;
(b) to propose regulations to be made by
the Board of Directors regarding the
standard of proficiency to be gained
in each examination for a diploma,
certificate or other award;
(c) to decide which persons have attained
such standard of proficiency or are
otherwise fit to be granted the
diploma, certificate or other award;
(d) to initiate proposals relating to the
conduct of the College generally,
and to discuss any matter relating to
the College, including the
establishment of faculties or training
programmes, and make
representations thereon to the Board
of Directors;
(e) to make regulations governing such
other matters as are within its powers
in accordance with the provisions of
this Act or the statutes;
(f) selection and admission of students;
and
(g) to establish technical committees to
enable the Academic Council to
carry out the necessary functions.
(3) Notwithstanding any other
provisions of this Act, the Board of
Directors shall not initiate any action in
respect of any of the matters mentioned in
subsection (2) (a), (b) or (c), except upon
receipt of a report or proposal of the
Academic Council thereunder and except in
consultation with the Academic Council.”
(4) Subsection (2) shall be construed to
incorporate the provisions of all other
written laws that govern training,
registration, enrolment and licensing of
health professionals.

464
s.12(2) Delete the expression “Board of

Delete the words “Academic Board” and
substitute therefor the words “Academic
Council”.
s.13(1) Delete the expression “Principal, the
Deputy Principals” and substitute therefor
the expression “Chief Executive Officer, the
Deputy Directors”.
management” wherever it appears and
substitute therefor the expression “Board of
Directors”.
(4) management” and substitute therefor the
Delete the expression “Principal” and
(5)(a) substitute therefor the expression “Chief
(6)
(1) In the event of the incapacity, the

functions of the Chief Executive Officer
shall, during the incapacity, be performed by
the Deputy Director appointed for that
purpose by the Board of Directors.

465
“(2) In the event of the simultaneous

incapacity of the Chief Executive Officer and
the Deputy Directors, the Cabinet Secretary,
after consultation with the Board of Directors,
shall appoint a member of the Academic
Council to perform the functions of the Chief
Executive Officer during such incapacity.”
Delete the expression “Principal”

(3) wherever it appears and substitute therefor
the expression “Chief Executive Officer”.
(2)

(2)(f) Delete the expression “Board of
Management” wherever it appears and
Directors”.
Delete the expression “Minister”
wherever it appears and substitute therefor
the expression “Cabinet Secretary”.
following subsections—
(4) No expenditure shall be incurred for
the purposes of the College except in
accordance with the annual estimates
approved under subsection (3) or in
pursuance of an authorization of the Board
of Directors given with the prior approval of
the Cabinet Secretary.
466
(5) Where justifiable reasons exist, the

College may seek authorization of the Board
of Directors given with the prior approval of
the Cabinet Secretary for reallocation of
funds.
(6) The sources of funds for the College
shall be—
(a) the Exchequer;
(b) fees charged by the College;
(c) the income from resource
mobilization; and
(d) any other source that the Board of
Directors may authorize.

(3) Delete the expression “(Corporations)”.
management” wherever it appears and
Directors”.
Delete the words “boarding charges”
appearing in paragraph (e) and substitute
therefor the words “user charges”.
Delete.
(2)
(3) Delete.
(4) Delete.
467
“(2) Any person who, except with

the written consent of the Board of
Directors, uses the words “Kenya
Medical Training College” in
furtherance of, or as, or in
connection with, any advertisement
for any trade, business, calling or
profession commits an offence and
shall be liable on conviction to a fine
not exceeding five hundred thousand
shillings or to imprisonment for a
term not exceeding two years or to
both.”
s.21 Delete the expression “Minister” and
Secretary”.
SCHEDULE Delete the expression “constituent
training centres” and substitute therefor the
expression “campuses” appearing in heading
to the Schedule.
Delete the expression “Medical training
centres” and substitute therefor the
expression “campuses” appearing in
paragraph 1.
Insert a new paragraph immediately after
paragraph 3—
4. The College campuses shall be
gazetted annually.
The Nutritionists s.2 Delete the definitions of the terms
and Dieticians “dietician” and “nutritionist”.
Act (No. 18 of Insert the following definitions in proper
2007 alphabetical sequence—
468
“article” includes—
(a) any food, nutrient or food
supplements and any labelling or
advertising materials in respect
thereof; and
(b) anything used for the preparation,
preservation, packing or storing of
any food, nutrient or food
supplements;
“diet” means food or nutrient
concentrates consumed by an individual or
population for the purpose of nourishment
and can either be formal diets, non-formal
diets or informal diets;
“dietetic technologist” means a person
who has undergone professional training at
diploma level with a bias in dietetics,
registered and licensed under this Act;
“dietician” means a person who has
undergone professional training at degree
level, with bias in clinical dietetics and food
service diet therapy registered and licensed
under this Act;
“indexing” means a process of keeping
records of an individual student pursuing a
course in nutrition or dietetics for purposes
of monitoring and subsequent professional
examination, registered and licensed under
this Act;
“internship” means undergoing
supervised one-year competency practice in
a specialized area of nutrition or dietetics;
“label” includes any legend, work or
mark attached to, included in, belonging to
or accompanying any food or food
supplements;
“nutrients” means compounds contained
in food which nourish the body such as
amino acids, simple sugars, fatty acids,
vitamins and minerals;
469
“nutrition technician” means a person

certificate level, registered and licensed
under this Act;
“nutrition technologist” means a person
diploma level, registered and licensed under
this Act; and
“nutritionist” means a person who has
undergone professional training at degree
level, with a bias in clinical, food science,
community and public health competencies
in nutrition registered and licensed under
this Act.

Restriction on the
use of titles.
3. (1) Subject to the provisions of this
Act, no person shall practise under the
name, title or style containing the words or
phrases “Nutritionist”, or “Dietician”,
“Nutrition technologist” “Technologist”
“Nutrition or Dietetics technicians” unless
that person holds a relevant degree, diploma
or certificate from a recognized university or
college, and is registered and licensed under
this Act.
“(2) Notwithstanding any other
provisions of this Act, a person
registered and licensed under this Act
shall engage in private practice only if
he holds a diploma or a degree and has
completed one-year internship or has a
minimum of three years’ experience in
nutrition and dietetics.”

(2) The Council shall consist of—
by the Cabinet Secretary and who
shall—
(i) be a holder of a bachelors’
degree in nutrition or dietetics;
and
470
(ii) have at least ten years of

professional experience after the
first degree of which two years
shall be at leadership and
managerial level;
(b) one qualified nutritionist or dietician
professional with a minimum of a
diploma in good standing from
private practice who shall be
appointed by the Cabinet Secretary;
(c) the Director of Nutrition and
Dietetics Services in the Ministry
responsible for health or their
(d) one representative of the Consumers
Federation of Kenya, who shall be a
holder of at least a bachelors’ degree;
(e) one representative of faculties
teaching nutrition and dietetics at
public universities who shall be
competitively sourced and who shall
be a holder of at least a masters’
degree;
(f) one representative from public and
private middle level colleges,
offering courses in nutrition or
dietetics;
(g) the Director General for health or
(h) one member with technical
knowledge and competencies in
finance who shall be appointed by
the Cabinet Secretary; and
(i) the Chief Executive Officer as an ex-
officio member.

following new sub section−
(4) All appointments under this
section shall be notified in the Gazette
by the Cabinet Secretary for the time
471
being responsible for matters relating to

health.
New subsections. Insert the following subsections
“(5) Pursuant to nominations in
paragraphs (d), (e) and (f) of subsection
(2), each organization shall present two
nominations one of whom will be
appointed by the Cabinet Secretary
taking into account ethnic diversity,
gender disability, skills mix and
regional balance.
(6) The appointments under subsection
(2) shall consider gender, regional and
ethnic balance.
(7) The Council shall establish a
maximum of four committees to deal with
matters of training, registration, finance and
human resource, audit and risk policies
management for proper administration of the
Act, but may establish such other ad hoc
committees as may be necessary to carry out
the functions of the Council.
(8) The Council shall regulate its own
procedures in accordance with the First
Schedule.”
s.6 Insert the following paragraph
immediately after paragraph (i)—
(j) working jointly with other bodies,
participate actively on reviews of food,
food supplements and fortifiers with
nutrient claims.

Delegation of
powers of the
7. Subject to this Act, the Institute may
Institute. either generally or in a particular case,
delegate to any committee of the Council or
to any member, officer, employee, agent of
the Institute or technical working group, the
exercise of any of the powers of the Institute
under this Act.
472


Remuneration of
Council members.
8. The Institute shall pay such
remuneration, fees, and other allowances to
members of the Council as may be
determined from time to time by the Council
in consultation with the Salaries and
Remuneration Commission.


The Chief 9. (1) There shall be a Chief Executive
Executive Officer.
Officer of the Institute who shall be
competitively recruited by the Council and
whose terms and conditions of service shall
be determined by Public Service
Commission.
(2) A person shall be qualified to be
appointed as the Chief Executive Officer if
the person—
(a) possesses a Master of Science degree
or its equivalent from a university
recognised in Kenya;
(b) has at least ten years professional
and administrative experience in
matters related to health; and
(c) meets the requirements of Chapter
Six of the Constitution.
(3) The Chief Executive Officer shall
hold office for a term of four years
renewable once based on performance.
(4) The Chief Executive Officer shall,
subject to the direction of the Council, be
responsible for the management of the day
to day affairs of the Institute.

after section 9−

Corporation
Secretary.
9A. (1) The Council shall competitively
appoint a Corporation Secretary on part time
or full time basis to facilitate the functions
of the Council.
473
(2) The Corporation Secretary shall be

the secretary to the Council but not a
(3) The Corporation Secretary shall
discharge his duties as stipulated in the State
Corporation guidelines.
(4) The Corporation Secretary shall
coordinate with the office of the Chief
Executive Officer to facilitate the activities
of the Council.
(5) The Corporation Secretary shall be a
person of high integrity who meets the
requirements of Chapter Six of the
Constitution.

s.12 Delete the word “Board” wherever it
appears and substitute therefor the word
“Committee”.

Functions of the
Accreditation
13. The Accreditation Committee shall
Committee. generally, in the conduct of examinations—
(a) provide proper training of persons to
be registered and licensed;
(b) prepare syllabuses of instruction and
training courses for persons seeking
registration under the Act;
(c) prepare and conduct examinations
for persons seeking registration
under the Act;
(d) charge the appropriate examination
fees in consultation with the Council
of the Institute;
(e) prepare regulations to be made by the
Institute regarding the standard of
proficiency to be gained in each
examination for a diploma, degree or
other award;
474
(f) develop regulations for internship

programmes for students of nutrition
and dietetics during pre-service
training;
(g) set up quality assurance units to
generally carry out broad
perspectives of quality management
systems;
(h) develop standards for training
institutions for purposes of
accreditation and licensing;
(i) engage inspectors for various
functions of the Committee who
shall serve on such terms and
conditions as the Council may
determine from time to time;
No. 21 of 2017. (j) participate actively in the committees
of food and drugs authority within
the Health Act;
(k) review the authenticity and
appropriateness of documents to be
presented for purposes of
examination, internship, registration
and licensing;
(l) spearhead systems audits and
certification of processes of the
Institute;
(m) register and license persons
qualified to be registered under this
Act;
(n) prepare a list of professionals to be
deregistered by the Institute in
accordance with this Act;
(o) keep a register of all registered
members;
(p) keep a register of all licensed and
retained professionals; and
(q) carry out the indexing of students
enrolled in various institutions and
monitor their progression.
475

s.14 Delete.
s.15 Delete.
s.16(c) Delete and substitute therefor the
(c) has passed the professional
examination set by the Accreditation
Committee of the Council.
s.17(1) Delete the expression “Registrar” and
s.19(1) Delete the expression “Registrar” and
Executive Officer” wherever it appears.
(2) Delete the expression “Registrar” and
s.21(1) Insert the words “within thirty days of
notification of the decision” immediately
after the word “Court”.
s.25(1) Insert the words “of the Institute”
immediately after the words “Disciplinary
Committee”.
(2) Delete paragraph (c) and substitute
therefor the following new paragraph−
(c) one member of the Accreditation
Committee;
Delete the word “Board’ appearing in
paragraph (e) and substitute therefor the
word “Committee”
Insert the following new subsections
476
(2A) The quorum for the meetings of

the Disciplinary Committee shall be four
which shall include at least the
chairperson or vice-chairperson.
(2B) The members of the Disciplinary
Committee shall be paid such
allowances as may from time to time be
determined by the Council in
consultation with the Salaries and
Remuneration Commission.
(3) Delete the words “chief executive
officer” and substitute therefor the words
“Corporation Secretary”.
Insert the following subsection
(6) The Disciplinary Committee shall
develop its Standard Operating Procedures
which shall be adopted by the Committee
for proper discharge of duties.
s.27(a) Insert the words “or under any other
written law” immediately after the word
“Act”.
(c)
Delete.
New Section Insert the following new section

Establishment of 27A. (1) There is established a Fund of
General Fund.
the Institute to be known as the General
Fund.
(2) The Fund shall vest in the Institute
and shall be administered by the Council
through the Chief Executive Officer.
(3) The Fund shall consist of—
(a) all monies received as subventions,
grants or donations to the Fund;
(b) monies earned or arising from any
investment of the Fund;
(c) foreign aid and assistance from
bilateral and multilateral agencies;
and
477
(d) all other sums which may, in any

manner become lawfully payable to,
received by or vested in the Institute
relating to any matter incidental to its
duties and functions under this Act.


Annual estimates. 30. (1) The annual estimates of the
Institute shall provide for—
(a) the payment of salaries, allowances
and other charges in respect of the
members of the Council, the Chief
Executive Officer, the Corporation
Secretary and the staff of the
Institute;
(b) the payment of pensions, gratuities
and other charges in respect of the
members of the Council, the Chief
Executive Officer, the Corporation
Secretary and the staff of the
Institute;
(c) the proper maintenance of the
premises of the Institute;
(d) the maintenance, repair and
replacement of the equipment and
other property of the Institute; and
(e) the creation of such reserve funds to
meet future or contingent liabilities
in respect of retirement benefits,
insurance or replacement of
buildings or equipment, or in respect
of such other matter as the Institute
may deem appropriate.
(2) The annual estimates shall be
approved by the Institute before the
commencement of the financial year to
which they relate:
Provided that the amounts in estimates
shall not be increased before the prior
consent of the Institute.
478
(3) The Institute shall keep all proper

books and records of accounts of the
income, expenditure, assets and liabilities of
the Institute.
(4) Within a period of four months after
the end of every financial year, the Council
shall submit to the members of the Institute
at an Annual General Meeting or Special
General Meeting convened for that purpose
the audited accounts of the Institute together
with—
(a) a statement of the income and
expenditure of the Institute for that
year; and
(b) a statement of the assets and
liabilities of the Institute as at the last
day of that year.
(5) The annual accounts of the Council
shall be prepared, audited and reported upon
in accordance with the provisions of Articles
226 and 229 of the Constitution and the law
relating to public audit.

s.31 Delete.
s.38 Insert the following paragraph after
paragraph (g)—
(h) any other matter that may be
necessary for the proper administration
of the Act.
s.39 Delete.
First Schedule. Delete and substitute therefor the
following new Schedule—
FIRST SCHEDULE
[Section 5(8).]
MEETINGS OF THE INSTITUTE

1. (1) The Annual General Meeting of
the Institute shall be convened by the
479
Council within the first quarter of every

financial year by giving every professional
of the Institute in good standing a written
notice—
(a) stating the place where and the day
and hour when the meeting is to be
held; and
(b) indicating the business which is
proposed to be transacted at the
meeting.
(2) A notice of a meeting shall be given,
not less than fourteen days before the date
on which it is to be held, to each member of
the Institute by posting the notice to the
address of the member last known to the
Institute, or by handing the notice to the
member in person.
(3) The validity of any proceedings of
the Institute shall not be affected by any
failure to comply with the requirement of
subparagraph (2) of this paragraph unless it
is proved that the failure so to comply in
relation to any member was a deliberate
failure.
2. (1) The chairperson shall preside at all
meetings of the Institute at which he or she
is present.
(2) At a meeting of the Institute at which
the chairperson is not present, the members
shall choose one of the Council members to
preside over the meeting.
3. (1) Subject to this paragraph, the
quorum at a meeting of the Institute shall be
one-third of the members.
(2) No business shall be transacted at a
meeting of the Institute unless the business
is indicated in the notice of the meeting as
business which it is proposed to transact.
(3) The minutes of the proceedings at
meetings of the Institute shall be kept in
such a manner as the chairperson or in his or
480
her absence the person presiding at a

particular meeting, directs.
(4) The person presiding at a meeting of
the Institute may adjourn the meeting from
time to time and from place to place, with
the consent of the members.
4. (1) Any question arising at a meeting
shall be determined by the majority of the
members of the Institute voting on the
question.
(2) The voting on any question shall be
by a show of hands unless, before the
declaration of the result of the voting by the
hands, a ballot is demanded—
(a) by the person presiding at the
meeting; or
(b) by at least two thirds of the members
present, in which event the question
shall be determined by a ballot taken
in such manner as the person
presiding at the meeting directs.
(3) The person presiding at a meeting of
the Institute shall have a deliberative vote,
and, in the event of an equality of votes,
shall have a casting vote.
(4) A declaration by the person presiding
at a meeting of the Institute that a resolution
has or has not been carried and an entry to
that effect in the minutes of the meetings
shall be evidence of that fact.
5. (1) At least four months before expiry
of the term of the Council, an Annual
General Meeting or Special General
Meeting shall be convened by the Council
for professionals to nominate three qualified
members for possible appointment of one of
them as the chairperson of the Council as
follows—
(a) three persons shall be competitively
nominated by professionals through
an election and the names forwarded
481
to the Cabinet Secretary for

appointment;
(b) other positions of the Council shall
be filled as guided by section 5 and
regulations;
(c) such positions shall be confirmed
and minutes taken during the Annual
General Meeting;
(d) for purposes of continuity, half of the
members of the Council shall remain
in office for one more term.
6. (1) A person who holds the office of
Chairperson may resign from the office by
writing a letter addressed to the Council.
(2) On the advice of the Council, the
members of the Institute may appoint a
person to act as chairperson during a special
general meeting convened for that
purpose—
(a) during a vacancy in the office of
Chairperson; or
(b) during any period when the
Chairperson is for any reason unable
to exercise and perform the functions
of his or her office.
(3) The appointment of a person to act as
Chairperson ceases to have effect if—
(a) made during a vacancy in the office
of chairperson, when the vacancy
ends by the election of a
Chairperson;
(b) the person appointed resigns from
the office in writing to the Council;
or
(c) the Council revokes the appointment
under subparagraph (2) of paragraph
2.
Second Delete.
Schedule.
482
The Kenya s. 4 Insert the following new subsections

Medical Supplies immediately after subsection (2)—
Authority Act,
2013 (No. 20 of “(3) A national or county public health
2013). facility shall, in the procurement and
distribution of drugs and medical supplies,
obtain all such drugs and medical supplies
from the Authority subject to—
(a) the drug being duly registered by the

Board; and
(b) the drugs and medical supplies meet
the standards of quality and are
efficacious as authorized by the
Board.
(4) A person responsible for the
procurement and distribution of drugs and
medical supplies in a national or county
public health facility and who contravenes
provisions of this section, commits an
offence and is liable on conviction to a fine
not exceeding two million shillings or to
years, or to both.”
s.5(1)(a) Delete and substitute therefor the
following new paragraph—
President and who shall—
(i) have at least a university degree
in a relevant discipline;
(ii) have at least fifteen years’
experience in matters relating to
healthcare, business management
or public administration; and
(iii) satisfy the requirements of
Chapter Six of the Constitution.
s. 5(1)(d) Delete.
(2) Delete.
s.5(1)(e). Delete and substitute therefor the
483
“(e) three persons recruited and

appointed by the Cabinet Secretary, one
of whom shall at least hold a degree in
pharmacy and two shall be from among
persons who—
experience in management or in
the health sector; and
Chapter Six of the
Constitution.”
New Insert the following new paragraph
paragraph. immediately after paragraph 5(1)(e)—
(ea) one person recruited by the
Council of Governors and appointed by
the Cabinet Secretary from among
persons who−
experience in management or in
the health sector; and
Chapter Six of the
Constitution.”
(2). Delete.
(3). Delete
New Insert the following new subsection
subsection. immediately after subsection (6)−
“(7) The persons referred to in
subsection (1) (e) shall be appointed by
the Cabinet Secretary, taking into
account regional, gender and skills
balance.”
s.8(2)(a). Delete and substitute therefor with the
484
(a) holds a minimum first degree in

Pharmacy, Medicine, Business
Management, Finance, Supply Chain
Management or any other related
field from a recognized University.
(4). Insert the words “upon satisfactory
performance” immediately after the word
“years”.
New Section. Insert the following new section

Corporation 9A. (1) There shall be Corporation
Secretary.
Secretary of the Authority who shall be
competitively recruited by the Board and
whose terms and conditions of service shall
be determined by the Board upon the advice
of the Salaries and Remuneration
Commission, in the instrument of
appointment or otherwise in writing from
time to time.
(2) The Corporation Secretary shall have
the following responsibilities—
(a) provide guidance to the Board on
their duties and responsibilities and
on matters of governance;
(b) assist the Board in carrying out its
work;
(c) be the custodian of the seal of the
organization and account to the
Board for its use;
(d) maintain and update the register of
conflicts of interest;
(e) ensure that Board members are aware
of all relevant laws affecting the
organization; and
(f) facilitate effective communication
between the organization and the
shareholders.

s.13 (2). Delete and substitute therefor the
485
“(2) The affixing of the common seal of

the Authority shall be authenticated by the
signature of the Chief Executive Officer and
the Corporation Secretary and any document
not required by law to be made under seal
and all decisions of the Board may be
authenticated by the signature of the Chief
Executive Officer or the signature of the
Corporation Secretary upon delegation by
the Chief Executive Officer.”
The Counsellors s. 4(1) Delete and substitute therefor the
and following new subsection—
Psychologists (1) The Board shall be composed of—
Act, 2014, (No. (a) a chairperson appointed by the
14 of 2014). Cabinet Secretary who shall
have−
(i) a minimum of a bachelors’
degree in a relevant field; and
(ii) at least fifteen years’
experience in counselling or
psychology;
(b) the Director General of Health or
(c) the Principal Secretary in the
ministry for the time being
responsible for matters relating
to finance;
(d) two persons, who shall be
counsellors or psychologists,
representing training institutions
Secretary, of whom−
(i) one shall represent middle
level colleges; and
(ii) one shall represent
institutions of higher
learning;
(e) two persons, one representing
counsellors and the other
representing psychologists,
486
nominated by registered
counsellors and psychologists;
(f) one person from minorities and
marginalized groups who shall
be a counsellor or a psychologist
and shall be nominated by the
Cabinet Secretary; and
(g) the Registrar, who shall be an ex-
officio member and the secretary
to the Board.
(5) Delete the word “five” appearing in
paragraph (a) and substitute therefor the
word “fifteen”.
(6) The Cabinet Secretary shall, in
appointing the members of the Board under
subsection (1), consider gender and regional
balance, and the mix of skills and
competencies required for the achievement
of the organization’s long-term goals.
New Insert the following new subsections
subsections. immediately after subsection (6)−
“(7) Pursuant to nominations in
paragraphs (d) and (e) of subsection (1),
each organization shall present two
nominations one of whom shall be
appointed by the Cabinet Secretary.
(8) The members of the Board appointed
under paragraphs (d), (e) and (f) of
subsection (1) shall hold office for a term of
three years and shall be eligible for
reappointment in accordance with the
procedure set out for one further term.”
s.6 Insert the words “and standards”
immediately after the word “programs”
appearing in paragraph (j).
Insert the following new paragraph
immediately after paragraph (j);
(ja) issue guidelines in consultation with
the Cabinet Secretary to govern
487
matters related to the practice of

counsellors and psychologists;
s. 9(3) Delete and substitute therefor the
(3) The Registrar shall serve—
(a) according to terms and conditions
determined by the Board; and
(b) for a term of four years renewable
once subject to satisfactory
performance.
s.15 Delete.
s.16 Delete.
s.17 Delete.
s.18 Delete.
s.19 Delete.
s.20 Delete.
s.21 Delete.
s.22 Delete.
s.23(a) Delete the expression “at least a
bachelor’s” and substituting therefor the
words “a diploma”;
(b) Delete the expression “at least a
bachelor’s” and substituting therefor the
words “a diploma”.
(1) A person shall not practice as a
counsellor or psychologist unless such a
person has—
(a) been registered under this Act;
(b) complied with the prescribed
requirements for continuing
education and supervision; and
(c) been issued with a valid practising
licence by the Board in accordance
488
with Regulations made under this

Act.
First Schedule, Delete the word “seven” and substitute
paragraph therefor the word “five”.
3(5).
Second Delete and substitute therefor the
Schedule. following Schedule—
SECOND SCHEDULE
(s.12(5))
COMMITTEES OF THE BOARD
1. The Board shall establish the
following committees for the effective
discharge of its functions−
(a) Examination and Registration
Committee;
(b) Continuing Education Committee;
(c) Disciplinary Committee; and
(d) Finance and Administration
Committee.
2. Despite paragraph 1, the Board may
establish such other ad hoc committees as
may be necessary for the effective carrying
out of the functions of the Board.
Third Delete.
Schedule.
Fourth Delete.
Schedule.

Physiotherapists s.2 Insert the following new definition in
Act, 2014 (No. proper alphabetical sequence−
20 of 2014). “physiotherapy” also referred to as
“physical therapy” means the application of
physiotherapy knowledge, skill and
judgment by a physiotherapist to obtain,
regain or maintain optimal health and
functional performance and includes but is
not limited to—
(a) the assessment of neuro-
musculoskeletal and cardio
respiratory, neural and vascular
489
systems and establishment of

physiotherapy diagnosis;
(b) the development, progression,
implementation and evaluation of
physiotherapeutic interventions;
(c) the education of patients, care
providers on matters of health
promotion, wellness, disease
prevention and rehabilitation givers,
students and other health services;
(d) the manual therapy treatment
techniques including soft tissue
manipulation, proprioceptive neuro-
muscular facilitation, manual
lymphedema drainage and muscle
relaxation techniques;
(e) the spinal and peripheral joints
mobilization and manual
manipulation;
(f) work-place and modifications,
prescription, fabrication,
modification and application of
braces, splints, taping, mobility aids
or seating equipment;
(g) sports and physical activity pre-
participation screening and
assessment, sports injury prevention,
treatment and rehabilitation,
hydrotherapy, electrotherapy and use
of mechanical, radiant or thermal
energy;
(h) the ergonomic evaluation,
modification, education, assessment
and categorization of disability and
counseling;
(i) tracheal suctioning;
(j) the administration of physiotherapy
related medication as prescribed by a
physician; and
490
(k) performing such other aspects of

physiotherapy as may be prescribed
in regulations.
s.4(2)(e) Delete and substitute therefor the
(e) in collaboration with the Council for
University Education and Technical
and Vocational Educational and
Training Authority, approve and
accredit institutions offering
physiotherapy training leading to
registration under this Act;
s.6(1)(b) Delete and substitute therefor the
(b) a person from the Ministry
responsible for health with expertise
in health appointed by the Cabinet
Secretary;
s. 6(1)(d) Delete and substitute therefor the
“(d) one person with disability nominated
by the National Council for Persons With
Disabilities;”
New Insert the following new subsections
subsections. immediately after subsection 6(2)−
“(3) Pursuant to section 6 (1) (e), the
Kenya Society of Physiotherapists shall
present two nominees from each of the
categories given in (i), (ii), (iii) and (iv),
one of whom will be appointed by the
Cabinet Secretary taking into account
diversity, gender, skills mix and regional
balance.
(4) The members of the Council appointed
under subsections (1) (a) and (e) shall hold
office for a term of three years and shall be
eligible for reappointment for one further term.”
(2) A person shall not be appointed
under this section unless such
person−
491
(a) holds a degree in physiotherapy from

a university recognized in Kenya and
is a Kenyan citizen;
(b) is registered as a physiotherapist
under this Act; and
(c) has at least ten years' post qualification
working experience.
(1) The Council shall approve and
recognize all training institutions that offer
courses in physiotherapy.
(1A) No person, being in charge of a
training institution in Kenya, shall—
(a) admit persons for training with a
view to qualifying for registration
under this Act;
(b) conduct a course of training or
administer the examination
prescribed for the purposes of
registration under this Act; or
(c) issue any document or statement
implying that the holder thereof has
undergone a course of training or
passed the examinations prescribed
by the Council for purposes of
registration, unless such institution is
established under the Kenya Medical
Training College Act, established or
Cap. 261. accredited under the Universities Act
or the Technical and Vocational
No. 42 of 2012.
Education and Training Act, and is
No. 29 of 2013.
approved and recognized by the
Council for that purpose in
accordance with this Act.
s. 22(3)(a) Insert the words “and in the official
Council website” immediately after the
words “publish in the Gazette”.
492
The Health s.2 Delete the words “health records and

Records and information management or science”
Information appearing in the definition of the term
Managers Act, “health records and information diploma”
and substitute therefor the words “health
2016 (No. 15 of records and information Technology”;
2016)
“Manager” and substitute therefor the
following definition—
“Manager” means an officer trained
in health records and information and
charged with the responsibility of
managing health records and information
for health services which includes—
(i) consulting in clinical coding;
(ii) coding for insurance firms;
(iii) capacity building in disease
classifications and health
information management;
(iv) appraisal of medical
documentations and audits;
(v) medical data analytics and
research;
(vi) use of e-health applications;
(vii) development of strategic
documents and policies in
health records and
information management
services;
(viii) advice on medical legal
issues;
(ix) advice on retrieval and
disposal of medical records;
(x) management of bed bureaus;
or
(xi) consultancy in administrative
statistics and big data
analytics.
s.6(1)(a) Delete the words “and to safeguard the
interests of all managers”.
493
Delete paragraph (d) and substitute

(d) in consultation with institutions
offering training on health records
and information technology,
prescribe syllabuses of instruction;
Delete paragraph (e) and substitute
(e) recommend to the Cabinet
Secretary the institutions to train
in health records and information
technology;
Delete paragraph (f) and substitute
(f) with the approval of the Cabinet
Secretary, make provision for
proficiency examination for
persons seeking registration or
enrolment under this Act.
s.7(1)(a) Delete and substitute therefor the
following paragraph−
Cabinet Secretary from among
persons nominated from the public
sector with knowledge and expertise
in health and who shall have—
(i) a minimum of a bachelors’
degree in a relevant field; and
(ii) ten years’ relevant experience;
(1)(b) Insert the words “Director or”
immediately after the word “the”.
(1)(c) Delete and substitute therefor the
following paragraph−
(c) two representatives, one from middle
level training colleges and one from
universities offering training in
health records and information
technology;
494
(1)(d) Delete and substitute therefor the

following new paragraph−
(d) three registered managers, who shall
be competitively and transparently
nominated and appointed by the
Cabinet Secretary as representatives
of—
(i) the private sector;
(ii) faith-based organisations; and
(iii) the Association;
(1)(e) Delete and substitute therefor the
(e) one person with expertise in financial
management or accounting and who
shall be a bona-fide member of a
professional body regulating the
accountancy profession who is in
compliance with the requirements
thereof, appointed by the Cabinet
Secretary;
(1)(g) Delete.
(2) The Registrar shall be the Chief
Executive Officer and the Secretary to the
Board.
(3) The Board shall appoint an audit
committee and up to three (3) other
committees that shall deal with matters
of finance, risk, standards and education,
registration and licensing, human
resource, discipline and ethics for the
effective performance of its functions,
but may establish such other ad hoc
committees as may be necessary for the
carrying out of the functions of the
Board.
495

subsection. immediately after subsection (3)—
(4) The appointments to the Board
shall take into consideration gender and
regional balance and the mix of skills
and competencies required for the
achievement of the Board’s long-term
goals.
subsection.immediately after subsection (4)—
(5) Pursuant to subsections (1) (c),
(d) and (e), the organizations shall
present two nominations from each of
the categories, one of whom shall be
appointed by the Cabinet Secretary
taking into account gender balance,
regional balance and skills mix.
s. 9 Delete subsection (1).
s.15(1)(a) Delete the word “diploma” and
substitute therefor the word “certificate”.
(1) A person, being in charge of a
training institution in Kenya, shall not—
(a) admit persons for training for the
purpose of qualifying for registration
under this Act;
(b) conduct a course of training or
administer the examination
prescribed for the purposes of
registration under this Act; or
(c) issue any document or statement
implying that the holder thereof has
undergone a course of training or
passed the examinations prescribed
by the Board for purposes of
registration, unless the training is to
be conducted by the Kenya Medical
Training College or an institution
approved by the Board or is
496
established or accredited under the

Universities Act or the Technical and
No. 42 of 2012.
No. 29 of 2013. Vocational Education and Training
Act.

Clinical Officers s.2. Insert the following new definition in
(Training, proper alphabetical sequence—
Registration and “Kenya Clinical Officers Association”
Licensing) Act, means the Kenya Clinical Officers
2017, (No. 20 of Association registered by the Registrar of
2017). Societies.

(1) The Council shall consist of the
following persons—
President and who shall have−
(i) a relevant bachelors’ degree
from a recognised
university;
(ii) at least ten years’ relevant
experience;
(iii) be registered as a clinical
officer under this Act;
(b) the Director General for health or
his or her designated
representative;
(c) the Chief Clinical Officer;
(d) one clinical officer elected by
members of faculty of Clinical
Medicine from Kenya Medical
Training College;
(e) one clinical officer representing
the Kenya Clinical Officers
Association who shall be
nominated by the Association
and appointed by the Cabinet
Secretary;
497
(f) one clinical officer representing

universities training clinical
officers, elected by the teaching
staff from among their number;
(g) the Registrar who shall be an ex-
officio member and secretary to
the Council;
(h) two clinical officers, one in
public practice and the other in
private practice from each gender
nominated by the Cabinet
Secretary;
(i) one person with knowledge and
expertise in finance or audit
Secretary; and
(j) one person representing the
public nominated by consumer
organisations and appointed by
the Cabinet Secretary.
(7) A member of the Council other than
an ex officio member may—
(a) by notice in writing addressed to the
Cabinet Secretary, resign from
office;
(b) be removed from office by the
Cabinet Secretary , if the member−
(i) is absent from three consecutive
meetings of the full Council
without permission of the
chairperson;
(ii) is convicted of a criminal
offence and sentenced to
imprisonment for a term
exceeding six months; or
(iii) is incapacitated by physical or
mental illness that leads to
498
inability to perform the

functions of the office.
s.15(1) Insert the following new subsections
(1A) A person shall be qualified for
appointment as Registrar if that
person—
(a) holds a bachelors’ degree from a
university recognized in Kenya;
(b) has at least fifteen years’
experience; and
(c) is registered as a clinical officer
under this Act.
(1B) The Registrar shall serve for a
term of four years and shall be eligible
for re-appointment for a further and final
term of four years.
Insert the words “and in the official
(6)(a) Council website” immediately after the
word “Gazette”
Part IV Delete the heading under Part IV and
substitute therefor the following new
heading—
PART IV— PROVISIONS RELATING
TO LICENSING AND PRACTICE
s.20 Insert the following new subsections
(5) The Council shall register and
license medical centres and medical
clinics for private practice by clinical
officers.
(6) No premises shall be used for the
purpose of private practice unless such
premises is inspected, registered and
licensed by the Council.
(7) The initial inspection for licensing
shall be conducted by a joint inspection
team or any relevant authorized body for
the purposes of this Act.
499
(8) The Council shall have power to

enter any practice premises at all times,
for the purposes of this Act.
(9) A clinical officer licensed under
this Act may, with respect to patients—
(a) examine;
(b) diagnose;
(c) order laboratory and imaging
investigations;
(d) prescribe treatment; and
(e) perform procedures,
as per their scope of training.

Professional
indemnity.
23A. Every clinical officer shall in each
year take a professional indemnity cover and
every health institution shall in each year
insure the health institution against
professional liability of its staff.

s.34 Delete.

Health Laws Amendment Act 2019

Uploaded by

Copyright:

Available Formats

Health Laws Amendment Act 2019

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Health Laws Amendment Act 2019

Uploaded by

Copyright:

Available Formats

proposed to be reconstituted under this Act.

quality management which ensures that

(i) diagnosis, monitoring, treatment,

postgraduate training programme in a

pharmacy nominated by the

(e) grant or withdraw licenses to

(c) ensure that the personnel, premises and

(l) conduct post-market surveillance of

(c) prescribe the minimum requirements

programs for pharmacists and

s.6(1) Insert the words “and specialist

(b) has undertaken continuous professional

pay such late application fee as shall be

(1B) No person shall operate the business

is granted by the Board with the approval of

(mmb) pharmacy education and training;

The Medical s.2 Delete the definition of “Board” and

service for public and private use by medical

(iii) one person who shall be a

(ii) is convicted of an offence

(c) prescribe the minimum educational

New. Insert the following new sections

(a) control, supervise and administer the

(c) meets the requirements of Chapter Six

(i) a register of health institutions; and

(b) is a holder of a degree or other

(e) satisfies the Council that he is a person

inserted in the register in addition to the

other practising licences as the Council shall

apply to the Council in the prescribed form and

preceding the date of the application for

(8) A licence issued under this section shall

(4) For purposes of proceedings at any

(9) A person aggrieved by a decision of the

(4) Any person who, while in charge of a

New section. Insert the following new section

Insert the words “or midwifery”

(d) one person nominated by other

university or institution recognized by the

Delete and substitute therefor the

(a) registration, education and

the advice of the Salaries and

s.17. Delete and substitute therefor the

(5) An application to engage in private

(2) Within a period of three months after

s.3(1)(b) Delete and substitute therefor the

(c) Delete the words “constituent training

and substitute therefor the expression

(i) have a minimum of a

field from a university

(1D) Each member of the Board of

(2) (a) if, not being an ex officio

s.10 Delete the marginal note and substitute

(f) to make, after consultation with the

certificate or other award of the

s.12(2) Delete the expression “Board of

(1) In the event of the incapacity, the

(2) Delete and substitute therefor the

“(2) In the event of the simultaneous