Medical Laboratory Technicians and Technologists Act

Section 1. Short title Section This Act may be cited as the Medical Laboratory Technicians and Technologists Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "approved training institution" means the Kenya Medical Training College or such other training institution as the Board may approve for the purposes of this Act; "Association" means the Association of Kenya Medical Laboratory Scientific Officers; "Board" means the Kenya Medical Laboratory Technicians and Technologists Board established by section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health and "Ministry" shall be construed accordingly; "College" means the Kenya Medical Training College established by the Kenya Medical Training College Act (Cap. 261); "Committee" means the Disciplinary Committee of the Board established by section 28 ; "health institution" means a hospital, nursing home, convalescent home, maternity home, health centre, dispensary or other institution where health or medical services are rendered; "hospital laboratory" means a facility in a health institution in which medical laboratory analysis and investigations are carried out; "laboratory technician" and "laboratory technologist" mean a "medical laboratory t...

Section 3. Establishment and incorporation of the Board Section 3(1) There is established a Board to be known as the Kenya Medical Laboratory Technicians and Technologists Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing or lending money; and Section 3(2)(d) doing or performing all such other 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. Headquarters Section The Headquarters of the Board shall be in Nairobi.

Section 5. Objects and functions of the Board Section 5(1) The object and purpose for which the Board is established shall be to exercise general supervision and control over the training, business, practice and employment of laboratory technicians and technologists in Kenya and to advise the Government in relation to all aspects thereof. Section 5(2)(a) prescribe, in consultation with the College and such approved training institutions as the Board may deem appropriate, the courses of instruction for laboratory technicians and technologists; Section 5(2)(b) consider and approve the qualifications of laboratory technicians and technologists for the purposes of registration under this Act; Section 5(2)(c) approve institutions for the training of laboratory technicians and technologists; Section 5(2)(d) licence and regulate the business and practice of registered laboratory technicians and technologists; and Section 5(2)(e) regulate the professional conduct of registered laboratory technicians and technologists and take such disciplinary measures as may be appropriate to maintain proper professional standards.

Section 6. Membership of the Board Section 6(1)(a) the Director of Medical Services; Section 6(1)(b) the head of the National Public Health Laboratories of the Ministry; Section 6(1)(c) the Registrar; Section 6(1)(d) the Director of technical training in the Ministry for the time being responsible for education; Section 6(1)(e) the medical laboratory technologist in charge of the Division of Vector-Borne Diseases; Section 6(1)(f) three registered laboratory technicians, two of whom shall be in private practice, to be elected by the Association; Section 6(1)(g) three registered laboratory technologists, two of whom shall be in private practice, elected by the Association; Section 6(1)(h) the executive Chairperson of the Association; Section 6(1)(i) not less than three but not more than five laboratory technicians and technologists appointed by the Cabinet Secretary; and Section 6(1)(j) not more than two other members co-opted by the Board from time to time whose knowledge and experience is deemed necessary for the better performance of its functions. Section 6(2) The Cabinet Secretary shall appoint a Chairperson from among the members of the Board. Section 6(3) The Board shall elect...

Section 7. Powers of the Board Section control, supervise and administer the assets of the Board in such manner and for such purpose as best promotes the purpose for which the Board is established;

Section 8. Conduct of business and affairs of the Board Section 8(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 8(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 9. Delegation by the Board Section Subject to this Act, the Board may, either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Section 10. Remuneration of Board members Section The Board shall pay its members such remuneration, fees or allowances for expenses it may determine.

Section 11. Staff of the Board Section The Board may appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Board may determine.

Section 12. Protection from personal liability Section No matter or thing done by a member of the Board or by any officer, employee or agent thereof shall if the matter or thing is done bona fide for executing the functions, powers or duties of the Board, render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever.

Section 13. Liability of the Board for damages Section The provisions of section 12 shall not relieve the Board of the liability to pay compensation to any person for any injury to him, his property or to any of his interests caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially, of any works.

Section 14. The Registrar Section The Chief Medical Laboratory Technologist in the Ministry shall be the Registrar of the Board and shall perform such duties as are prescribed by this Act.

Section 15. Registration Section 15(1)(a) has successfully attended a course of instruction for laboratory technicians or technologists prescribed by the Board pursuant to subsection (2) of section 5 , at any approved training institution in Kenya; or Section 15(1)(b) has attended a course of instruction for laboratory technicians or technologists recognised by the Board as equivalent to the course prescribed under subsection (2) of section 5 , at any training institution outside Kenya approved by the Board; or Section 15(1)(c) holds such other qualifications as the Board may prescribe; and Section 15(1)(d) has completed such approved period of probation as may be prescribed by the Board, Section 15(2) Every application under subsection (1) shall be in the prescribed form and shall be accompanied by such fee as may be prescribed. Section 15(3)(a) duly qualified in terms of this section; and Section 15(3)(b) a fit and proper person to be so registered. Section 15(4) The Board shall register every qualified person by entering his name, address, professional qualifications and such other particulars as the Board may prescribe, in the appropriate register kept for that purpose pursuant...

Section 16. Registers to be kept Section 16(1)(a) a register of medical laboratory technicians; and Section 16(1)(b) a register of medical laboratory technologists, Section 16(2) The Registrar shall, not later than the 31st March in every year, cause to be published in the Gazette , the names and addresses of all laboratory technicians and technologists registered in the previous year.

Section 17. Removal of names from the register Section 17(1)(a) the names of all deceased persons; Section 17(1)(b) the names of all persons struck off the register under section 32 ; Section 17(1)(c) any entries fraudulently or erroneously made. Section 17(2) The Registrar shall cause the name and address of every person whose name is removed from the Register under this section, to be published in the Gazette within one month from the date of such removal.

Section 18. Training institutions to be approved Section 18(1)(a) admit persons for training with a view to qualifying for registration under this Act; or Section 18(1)(b) conduct a course of training or administer the examinations prescribed for the purposes of registration under this Act; or Section 18(1)(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, Section 18(2) A person who contravenes any of the provisions of subsection (1) commits an offence and is liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both. Section 18(3) The Board shall, in regulations, prescribe the procedure for approving training institutions for the purposes of this section.

Section 19. Offences relating to registration Section 19(1) No person shall act as a laboratory technician or technologist in any health institution in Kenya unless such person is registered under this Act. Section 19(2) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings. Section 19(3) No person shall, while in charge of a health institution or any medical laboratory in Kenya, employ any person as a laboratory technician or technologist who is not registered under this Act. Section 19(4) A person who contravenes the provisions of subsection (3) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or imprisonment for a term not exceeding five years or to both. Section 19(5) Any person who in an application for registration, wilfully makes a false or misleading statement or utters a false certificate, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 20. Qualification for private practice Section 20(1)(a) is a Kenya citizen; Section 20(1)(b) is registered under this Act; Section 20(1)(c) holds a valid practising certificate and annual licence issued under this Act; Section 20(1)(d) has served as a medical laboratory technician or technologist under supervision for a period of not less than five years in a medical laboratory; and Section 20(1)(e) holds such other qualification as the Board may prescribe. Section 20(2)(a) on his own account and is entitled to receive the entire amount of all fees and charges earned for his own financial benefit; or Section 20(2)(b) by the Government or any other public body; or Section 20(2)(b)(i) by the Government or any other public body; or Section 20(2)(b)(ii) by a State corporation as defined by the State Corporations Act ( Cap. 446 ); or Section 20(2)(b)(iii) by any person or partnership engaged in his profession where all fees and charges earned by him enure to the benefit of his employer, notwithstanding that he is engaged in his professional capacity as a laboratory technician or technologist. Section 20(3) A person who engages in private practice as a laboratory technician or te...

Section 21. Board to issue practising certificates and annual licences Section The Board shall issue in accordance with, but subject to, this Part and any rules made under this Act, certificates and annual licences authorising the medical laboratory technicians and technologists named therein to engage in private practice.

Section 22. Application for practising certificate Section 22(1) An application for a practising certificate shall be made to the Registrar in duplicate, signed by the applicant, specifying his name and place of business, his registration number and the date of his registration as a medical laboratory technician or technologist. Section 22(2) Every application under this section shall be accompanied by the prescribed fee. Section 22(3) The Board shall, where the laboratory technician or technologist is duly registered under this Act and is not for the time being suspended from practice, within sixty days of receipt by the Board of the application, issue to the applicant a practising certificate in the prescribed form. Section 22(4) The Registrar shall keep one copy of every application delivered to him under this section and any person may inspect the register during office hours.

Section 23. Duration of practising certificate Section 23(1) Every practising certificate shall bear the date of the day on which it is issued and shall have effect from that day: Provided that a practising certificate issued during the first month of any practising year shall have effect for all purposes from the beginning of that month. Section 23(2) The practising year shall be from the 1st January to the 31st December: Provided that the Board with the approval of the Cabinet Secretary may, by order in the Gazette , alter the practising year and the order may make such transitional provisions in regard to incidental matters as may be expedient. Section 23(3) Every practising certificate shall expire at the end of the practising year in which it was issued: Provided that, where the name of the laboratory technician or technologist is removed or struck off the register, the practising certificate, if any, shall expire forthwith. Section 23(4) The Registrar shall enter upon the register a note of the date of issue of every practising certificate.

Section 24. Renewal, cancellation, suspension, etc., of practising certificate Section 24(1) A laboratory technician or technologist issued with a practising certificate may apply for the renewal of the certificate in the prescribed form at least thirty days before the date of expiry thereof. Section 24(2) Any laboratory technician or technologist who fails to renew his practising certificate within the prescribed period shall, when applying for a renewal, be required to pay such late application fee as shall be prescribed by the Board. Section 24(3) The Board shall have the power to renew any practising certificate and may refuse to renew, cancel, withdraw or suspend any certificate if satisfied that the laboratory technician or technologist is guilty of professional misconduct or is in breach of any provisions of this Act or any regulations made thereunder, for a period of twelve months. Section 24(4) Any laboratory technician or technologist aggrieved by the decision of the Board in the exercise of its powers under subsection (3) may appeal to the Cabinet Secretary within thirty days of the receipt of the decision and in every such case, the decision of the Cabinet Secretary sha...

Section 25. Terms and conditions of private practice Section 25(1) The Board shall, in regulations, prescribe the terms and conditions of the business and practice of laboratory technicians and technologists engaged in private practice. Section 25(2)(a) the equipment and reagents to be provided in private medical laboratories; Section 25(2)(b) the services to be rendered by laboratory technicians and technologists in private practice; and Section 25(2)(c) the employment of laboratory technicians and technologists in private medical laboratories. Section 25(3) A person who breaches any term or condition prescribed by the Board under this section commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings, or imprisonment for a term not exceeding twelve months, or to both.

Section 26. Disciplinary Committee Section 26(1)(a) the Chairperson of the Association who shall be the Chairperson of the Committee; Section 26(1)(b) one representative of the Cabinet Secretary who shall not be a member of the Board; Section 26(1)(c) one representative of the Attorney-General; Section 26(1)(d) the Registrar who shall be the secretary; and Section 26(1)(e) one technician from private practice nominated by the Board, who shall not be a member of the Board. Section 26(2) The quorum of the Committee shall be all five members.

Section 27. Reference of matters to Committee Section has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Board, has dishonoured him in the public estimation; or

Section 28. Functions of the Committee Section The functions of the Committee shall be to inquire into any matter referred to it by the Board under section 29 and to make its recommendations thereon to the Board.

Section 29. Procedure of the Committee Section 29(1) Upon an inquiry under section 30 , the laboratory technician or technologist subject to the inquiry shall be afforded an opportunity of being heard either in person or by an advocate. Section 29(2) For the purpose of proceedings at any inquiry by the committee, the committee may administer oaths or affirmation and may, subject to any regulations made under section 42, enforce the attendance of persons as witnesses and the production of books and documents. Section 29(3) The Committee shall, subject to any regulations made under this Act, have powers to regulate its own procedure in any disciplinary proceedings.

Section 30. Disciplinary measures Section 30(1)(a) issue the laboratory technician or technologist with a letter of admonishment; or Section 30(1)(b) suspend the registration certificate of the laboratory technician or technologist for a specified period not exceeding twelve months; or Section 30(1)(c) withdraw or cancel the practising certificate, or suspend the practising certificate of the laboratory technician or technologist for a period not exceeding three months; or Section 30(1)(d) impose a fine which the Board deems appropriate in the circumstances; or Section 30(1)(e) remove the name of the laboratory technician or technologist from the register. Section 30(2) The Board may be reimbursed by the medical laboratory technician or technologist costs and witness expenses incurred in connection with the disciplinary hearing and such costs shall be civil debt recoverable summarily by the Board. Section 30(3) Where after the hearing in disciplinary proceedings under this Act, the Committee recommends to the Board that a registered laboratory technician or technologist is unfit to practice his profession as a result of ill-health, the Board may, if satisfied with the Committee’s r...

Section 31. Lifting of suspension Section 31(1) Where a medical laboratory technician or technologist has been suspended from practising, he may appeal to the Board for the lifting of the suspension at any time before the expiry thereof. Section 31(2) Where the Board is satisfied in respect of any medical laboratory technician or technologist that he should have his suspension lifted, the Board shall, upon the receipt of the prescribed fee, lift the suspension and restore to the laboratory technician or technologist, his registration and practising certificates and his annual licence.

Section 32. Restoration of the name in the register Section 32(1) A laboratory technician or technologist whose name has been removed from the register may after the expiry of a period of three years from the date of such removal, appeal to the Board for restoration of his name in the register. Section 32(2) The Board may after considering the appeal made under subsection (1), cause the name of the person appealing to be restored in the appropriate register, upon payment of the prescribed fee.

Section 33. Funds of the Board Section such monies as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act;

Section 34. Financial year Section The financial year of the Board shall be the period of twelve months ending on the 30th June in every year.

Section 35. Annual estimates Section 35(1) Before the commencement of each financial year, the Board shall cause to be prepared estimates of revenue and expenditure of the Board for that year. Section 35(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Board; Section 35(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Board; Section 35(2)(c) the proper maintenance of buildings and grounds of the Board; Section 35(2)(d) the acquisition, maintenance, repair and replacement of the equipment and other movable property of the Board; Section 35(2)(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 Board may deem appropriate. Section 35(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval, and after the Cabinet Secretary has given his approval, the Board shall not increase any sum...

Section 36. Investment of funds Section The Board may invest any of the funds of the Board in securities in which for the time being trustees may by law invest funds or in any other securities which the National Treasury may from time to time approve for that purpose.

Section 37. Accounts and Audit Section 37(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Board. Section 37(2)(a) a statement of income and expenditure during the year; and Section 37(2)(b) a statement of the assets and liabilities of the Board on the last day of that year. Section 37(3) The accounts of the Board shall be audited by the Auditor-General or by an auditor appointed by the Board under the authority of the Auditor-General given in accordance with the Public Audit Act (Cap. 412B). Section 37(4) The Auditor-General may give general or special directions to an auditor appointed under subsection (3) and the auditor shall comply with such directions. Section 37(5) An auditor appointed under subsection (3) shall report directly to the Auditor-General on any matter relating to the directions given under subsection (4). Section 37(6) Within a period of two months after the end of the financial year, the Auditor-General shall report on the examination and audit of the accounts of the Board to the Cabinet Secretary and where an auditor has been appointed under subsection (3) he shall transmit a...

Section 38. Certificates Section 38(1) A certificate under the seal of the Board to the effect that a person is or was at any date registered under this Act shall be conclusive evidence of the facts so stated. Section 38(2) All certificates under the seal of the Board shall remain the property of the Board. Section 38(3) A person whose name is removed from the register under section 32 , or in the case of a deceased person, his legal representative, shall, within thirty days of the publication of such removal, surrender the certificate of registration of that person to the Board. Section 38(4)(a) destroys or defaces a certificate of registration; or Section 38(4)(b) fails to surrender certificate of registration under subsection (3), Section 38(5) A person who, without reasonable excuse, is in possession of a certificate of registration not issued to him, or fails to surrender such certificate under subsection (3), commits an offence and is liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 39. General penalty Section Any person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding thirty thousand shillings.

Section 40. Regulations Section the form and method of keeping the registers and other records under this Act;