Clinical Officers (Training, Registration and Licensing) Act

Section 1. Short title Section This Act may be cited as the Clinical Officers (Training, Registration and Licensing) Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “approved training institution” means such training institution within or outside Kenya as may be approved by the Council by notice in the Gazette for the purposes of this Act; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to health; “certificate” means a certificate of registration issued by the Council to a person entitled to be registered under this Act; “clinic” means a consulting room, office or a department of a hospital or nursing home without beds used by a clinical officer for the diagnosis and treatment of disease or the giving of medical or dental, instructions or service inspected and approved by the Council; “clinical officer” means a person who having successfully undergone a prescribed course of training in an approved institution is a holder of a diploma or degree certificate in clinical medicine and community health; “Council” means the Clinical Officers Council established under section 3 ; “Kenya Clinical Officers Association” means the Kenya Clinical Officers Association registered by the Registrar of Societies; "medical cen...

Section 3. Establishment of the Council Section 3(1) There is established a Council to be known as the Clinical Officers Council of Kenya. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; Section 3(2)(e) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate.

Section 4. Composition of the Council Section 4(1)(a) a relevant bachelors' degree from a recognised university; Section 4(1)(a)(i) a relevant bachelors' degree from a recognised university; Section 4(1)(a)(ii) at least ten years' relevant experience; Section 4(1)(a)(iii) be registered as a clinical officer under this Act; Section 4(1)(b) the Director-General for health or his or her designated representative; Section 4(1)(c) the Chief Clinical Officer; Section 4(1)(d) one clinical officer elected by members of faculty of Clinical Medicine from Kenya Medical Training College; Section 4(1)(e) one clinical officer representing the Kenya Clinical Officers Association who shall be nominated by the Association and appointed by the Cabinet Secretary; Section 4(1)(f) one clinical officer representing universities training clinical officers, elected by the teaching staff from among their number; Section 4(1)(g) the Registrar who shall be an ex officio member and secretary to the Council; Section 4(1)(h) two clinical officers, one in public practice and the other in private practice from each gender nominated by the Cabinet Secretary; Section 4(1)(i) one person with knowledge and expertise...

Section 5. Functions of the Council Section 5(1) The main object and purpose of the Council is the supervision and control of the training and professional practice of clinical officers in Kenya. Section 5(2)(a) advise the government on policy matters relating to clinical medicine practice; Section 5(2)(b) prescribe the minimum educational entry requirements for persons wishing to be trained as clinical officers; Section 5(2)(c) approve institutions other than those established or accredited under the Universities Act (Cap. 210) for the training of clinical officers; Section 5(2)(d) establish, approve and accredit programs for continuing professional educational programs; Section 5(2)(e) register and license clinical officers for the purposes of this Act; Section 5(2)(f) maintain a register and records of all clinical officers registered under this Act; Section 5(2)(g) cause to be published in the Kenya Gazette every calendar year the names of all registered clinical officers; Section 5(2)(h) promote development and adoption of codes of practice; Section 5(2)(i) regulate the professional conduct and ensure the maintenance and improvement of the standards of practice of clinical med...

Section 6. Powers of the Council Section 6(1) The Council shall have all powers necessary for the proper performance of the functions of the Council under this Act. Section 6(2)(a) control, supervise and administer the assets of the Council in such manner as best promotes the efficient, effective and ethical use of such assets; Section 6(2)(b) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; Section 6(2)(c) invest any funds of the Council not immediately required for its purposes in the manner provided in section 30 ; Section 6(2)(d) impose, waiver, remit, refund or exempt the payment of fees or charges for the services rendered by the Council; Section 6(2)(e) recover debts accrued from defaulting entities; Section 6(2)(f) establish and maintain bank accounts for the funds of the Council; and Section 6(2)(g) collaborate with other bodies or organizations within or outside Kenya in so far as appropriate for the performance of its functions under this Act.

Section 7. Conduct of business and affairs of the Council Section 7(1) The conduct and regulation of the business and affairs of the Council shall be as provided for in the First Schedule. Section 7(2) Except as provided in the First Schedule, the Council may regulate its own procedure.

Section 8. Remuneration of members of the Council Section The Council shall pay its members such remuneration as may be approved by the Cabinet Secretary upon the advice of the Salaries and Remuneration Commission.

Section 9. Staff of the Council Section 9(1) The Council may employ such staff as it considers necessary for the proper performance of its functions and exercise of its powers under this Act. Section 9(2) A staff member shall be employed by the Council upon terms and conditions of service that the Council may determine upon the advice of the Salaries and Remuneration Commission.

Section 10. Co-operation with other organisations Section the Commission for University Education and other regulators in the field of education, generally;

Section 11. The common seal of the Council Section 11(1) The common seal of the Council shall be kept in the custody of the Registrar or of such other person as the Council may direct, and shall not be used except upon the order of the Council. Section 11(2) The common seal of the Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorization by the Council under this section shall be presumed to have been given. Section 11(3) The common seal of the Council shall be authenticated by the signature of the Chairperson of the Council or the Registrar.

Section 12. Protection of the Council from liability Section 12(1) Liability shall not attach to the Council, or to any of its staff, or to a member of the Council for loss or damage sustained to any person as a result of any act or omission done or made in good faith and without negligence in the performance or exercise or the intended performance or exercise of any duty or power imposed or conferred by this Act. Section 12(2) The provisions of subsection (1) shall not relieve the Council of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Council by this Act or by any written law or by the failure, whether wholly or partially, of any works.

Section 13. Approved training institutions Section 13(1) The Council shall approve all institutions charged with the training of persons to be registered under this Act. Section 13(2)(a) admit persons for training with a view to qualifying for registration under this Act; or Section 13(2)(b) conduct a course of training or administer the examination prescribed for the purposes of registration under this Act; or Section 13(2)(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: Section 13(3) A person who contravenes sub section (2) commits and offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment to a term not exceeding three years or to both. Section 13(4) The Council shall index all students with minimum entry requirements on admission to an approved training institution and the number of students in each class not to exceed the prescribed and approved number by the Council. Section 13(5) The Council shall administer a pre-internship assessment.

Section 14. Power to enter and inspect Section 14(1) The Council shall have power to enter and inspect any institution in charge of training of persons to be registered under this Act. Section 14(2) A person who obstructs or causes the obstruction of the Council from entering and inspecting such institution, commits an offence and is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

Section 15. Registrar and register Section 15(1) There shall be a Registrar appointed by the Council through a competitive and transparent process, who has served as a clinical officer for a period of not less than ten years. Section 15(1A)(a) holds a bachelors' degree from a university recognized in Kenya; Section 15(1A)(b) has at least fifteen years' experience; and Section 15(1A)(c) is registered as a clinical officer under this Act. Section 15(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. Section 15(2) The Registrar shall be the Chief Executive Officer and secretary to the Council. Section 15(3) The Registrar shall be an ex officio member of the Council and shall have no right to vote at any meeting of the Council. Section 15(4) The Registrar shall manage and control the Council's staff, administration and business. Section 15(5) The Registrar shall as soon as is practicable after the commencement of the Act, establish and maintain for the purposes of this Act a register containing relevant documents of qualified clinical officers to be known as Clinical Officer's Register. Section 15(...

Section 16. Registration and effect of registration Section 16(1)(a) has successfully undergone a prescribed course of training at an approved training institution; Section 16(1)(b) has applied for registration in the prescribed form; Section 16(1)(c) has paid the prescribed fees for registration; Section 16(1)(d) is a fit and proper person to be registered; and Section 16(1)(e) has applied for registration and has passed the requisite examinations as prescribed by the Council. Section 16(2)(a) holds a diploma or degree obtained from an institution that is accredited and recognized by the regulating authority responsible for the registration of clinical officers in the country where he studied; Section 16(2)(b) has engaged in medical practice under the supervision of a clinical officer registered by the Council for such period, being not less than twelve months, as the Council may approve; and Section 16(2)(c) has, to the satisfactory of the Council qualifications that meet such requirements for a course leading to a qualification as a clinical officer as the Council shall from time to time prescribe pursuant to section 5 (2)(b). Section 16(3) The Council shall register every quali...

Section 17. Unregistered persons rendering medical services Section 17(1) A person shall not render medical services in Kenya as clinical officer unless he has been registered by the Council under this Act. Section 17(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding five years, or to both. Section 17(3) Any person who attempts to obtain or obtains registration by false pretences or who utters a false certificate with intent to obtain registration shall be liable to a fine of not less than fifty thousand shillings or to imprisonment for six months or to both.

Section 18. Surrender of certificates Section Every person whose name is deleted from the register for any reason shall within thirty days of publication of the deletion in the Gazette , surrender his certificate of registration to the Council for cancellation and where such person has died the deceased's legal representative shall surrender the certificate to the Council.

Section 19. Use of titles Section The Council shall prescribe such title or titles as may be used to denote that a person is registered under this Act.

Section 20. Qualification for private practice Section 20(1) A person shall not engage in private practice as a clinical officer unless that person holds a valid practicing certificate issued under this Act. Section 20(2)(a) is registered as a clinical officer under this Act; Section 20(2)(b) has practiced as a clinical officer under a senior clinical officer or senior medical officer for a period of not less than three years; and Section 20(2)(c) holds a valid practicing licence issued under this Act. Section 20(3)(a) on the person's own account and is entitled to receive the entire amount of all fees and charges earned for the person's own financial benefit; and Section 20(3)(b) by the government; Section 20(3)(b)(i) by the government; Section 20(3)(b)(ii) by a state corporation as defined by the State Corporations Act; or Section 20(3)(b)(iii) by any person or partnership engaged in his profession where all fees and charges earned by him are to the benefit of his employer. Section 20(4) A person who engages in private practice as a clinical officer contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not more than five hundr...

Section 21. Application for practicing license Section 21(1) An application for private practicing licence shall be made to the Registrar in duplicate, in the prescribed form. Section 21(2) An application under this section shall be accompanied by the prescribed fee. Section 21(3) The Council shall, where a clinical officer is duly registered under this Act and is not for the time being suspended from practice, within sixty days of receipt by the Council of the application, issue to the applicant a practicing certificate in the prescribed form. Section 21(4) The Registrar shall keep one copy of every application delivered to him under this section. Section 21(5) Any person may inspect the register and any documents relating to any entry, and may obtain from the Registrar, a copy of, or an extract from the registers on payment of the prescribed fee.

Section 22. Validity of licence Section 22(1) After the expiry of twelve months from the commencement of this Act, no person shall engage in the practice of clinical medicine unless that person has been duly issued with a registration certificate and a practicing license by the Council in accordance with this Act. Section 22(2) A licence issued under this Act shall be valid from the date it is issued and shall expire on the 31st December of the year it is issued. Section 22(3) Subject to subsection (2), where the name of the clinical officer is struck off the register, the licence, if any, shall expire forthwith. Section 22(4) The Council shall have the power to renew any licence and may, refuse to renew, cancel, withdraw or suspend a licence for a period not exceeding twelve months, if satisfied that the clinical officer is guilty of professional misconduct or is in breach of any provisions of this Act or any regulations made under this Act. Section 22(5) The Registrar shall enter in the register the date of issue of every licence. Section 22(6) Any person who is aggrieved by the decision of the Council made under the provisions of this section may appeal within thirty days to the...

Section 23. Terms and conditions of private practice Section The Cabinet Secretary in consultation with the Council shall, in regulations, prescribe the terms and conditions of the business and practice of a clinical officer engaged in private practice.

Section 23A. Professional indemnity Section Every clinical officer shall in each every year take a professional indemnity cover and every health institution shall in each year insure the health institution against professional liability of its staff. [Act No. 5 of 2019 , Sch.]

Section 24. Establishment of the Disciplinary Committee Section 24(1) There is established a Disciplinary Committee. Section 24(2)(a) the Chairman of the Kenya Clinical Officers Association who shall be Chairman of the Committee; Section 24(2)(b) the Principal Secretary in the ministry responsible for health or a designated representative; Section 24(2)(c) one shall be in the public service; and Section 24(2)(c)(i) one shall be in the public service; and Section 24(2)(c)(ii) one shall be from the private practice. Section 24(2)(d) the Attorney-General or a designated representative; and Section 24(2)(e) the Registrar who shall be an ex officio member and the secretary to the Committee. Section 24(3)(a) receive and investigate complaints made against clinical officers by the members of the public in accordance with the rules and regulations under this Act; Section 24(3)(b) enter upon and inspect any establishment or premises operated by a clinical officer under investigation; Section 24(3)(c) seize and remove any object from any premises which may be related to the matter under investigation; and Section 24(3)(d) request the Attorney-General and or the Director of Public Prosecution...

Section 25. Disciplinary powers of the Committee Section 25(1)(a) has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Council has dishonored the profession in the public estimation; Section 25(1)(b) has been guilty of negligence or malpractice in respect of his profession; or Section 25(1)(c) has been guilty of impropriety or misconduct, whether in respect of his profession or not. Section 25(2) Upon an inquiry, the person whose conduct is being inquired into shall be afforded an opportunity of being heard either in person or through an advocate. Section 25(3) For the purposes of proceedings at any inquiry held by the committee, the committee may administer oaths, and may subject to any regulation made under this Act, enforce attendance of persons as witnesses and the production of books and documents. Section 25(4) Any person whose name has been removed from the register or whose licence has been suspended shall forthwith surrender to the Council his certificate of registration or licence. Section 25(5) A clinical officer who contravenes subsection (4) commits an offence and upon conviction, shall be liable to a fine not excee...

Section 26. Funds of the Council Section such monies or assets as may accrue to or vest in the Council in the course of the exercise of its powers or performance of its functions under this Act;

Section 27. Financial year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year.

Section 28. Annual estimates Section 28(1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Council for that financial year. Section 28(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Council; Section 28(2)(b) payment of pensions, gratuities and other charges in respect of staff of the Council; Section 28(2)(c) proper maintenance of the assets of the Council; and Section 28(2)(d) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may deem fit. Section 28(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.

Section 29. Accounts and audit Section 29(1) The Registrar shall under the direction of the Council keep proper books and records of accounts of the income, expenditure and assets of the Council. Section 29(2)(a) a statement of the income and expenditure of the Council during that year; and Section 29(2)(b) a balance sheet of the Council on the last day of that year. Section 29(3) The accounts of the Council shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 30. Investment of funds Section The Council may invest any of the funds of the Council in securities, in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the National Treasury may, from time to time, approve for that purpose.

Section 31. Regulations Section 31(1) The Cabinet Secretary shall, after consultation with the Council, make rules generally for the better carrying out of the provisions of this Act. Section 31(2)(a) the form and method of keeping the registers and other records under this Act; Section 31(2)(b) the conditions under which training institutions other than those established or accredited under the Universities Act (Cap. 210) may be approved; Section 31(2)(c) the course content and examination for clinical officers for purposes of registration under this Act; Section 31(2)(d) the terms and conditions of professional practice of registered clinical officer; Section 31(2)(e) the form and method of conducting any inspection, assessment, evaluation, examination or regulation required under this Act; and Section 31(2)(f) prescribing anything required to be prescribed under this Act;