Occupational Therapists (Training, Registration and Licensing) Act

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

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Association" means the Kenya Occupational Therapists Association; "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; "occupational therapist" means a person who, having successfully undergone a prescribed course of training in a training institution, is a holder of a certificate issued by that institution and is registered under this Act; "Council" means the Occupational Therapy Council established under section 3 ; "private practice" means the practice of occupational therapy by an occupational therapist for a fee either in kind or cash; "register" means the register of occupational therapists which the Registrar is required to maintain under section 18 ; "Registrar" means the registrar of occupational therapists as provided under section 17 .

Section 3. Establishment of Occupational Therapy Council of Kenya Section 3(1) There is established a Council to be known as the Occupational Therapy Council of Kenya. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property; Section 3(2)(c) borrowing, lending or raising money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) 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) the Chairperson, appointed by the Cabinet Secretary from among the persons nominated under paragraph (g); Section 4(1)(b) the Director of Medical Services or his or her representative; Section 4(1)(c) the Registrar who shall be an ex officio member of the Council without a right to vote; Section 4(1)(d) the Chief Occupational Therapist; Section 4(1)(e) the Director, Kenya Medical Training College or his or her representative; Section 4(1)(f) the Chairperson of the Association; Section 4(1)(g) two occupational therapists employed in the public service one of whom shall be employed in a County Government; Section 4(1)(g)(a) two occupational therapists employed in the public service one of whom shall be employed in a County Government; Section 4(1)(g)(b) one occupational therapist employed in the private sector; Section 4(1)(g)(c) one occupational therapist with disability; Section 4(1)(g)(d) one occupational therapist from the gender least represented in the Council; and Section 4(1)(g)(e) one occupational therapist employed in a University in Kenya which awards qualifications recognized by the Council. Section 4(2)(a) is a citize...

Section 5. Vacation of office Section by a notice in writing addressed to the Registrar, resign from office;

Section 6. Conduct of business and affairs of the Council Section The conduct and regulation of the business and affairs of the Council shall be as provided for in the Schedule.

Section 7. Headquarters Section The Headquarters of the Council shall be in Nairobi.

Section 8. Functions of the Council Section maintain a register of all students pursuing courses leading to a qualification in occupational therapy;

Section 9. Tenure of office of Council members Section The members of the Council shall hold office for a period of three years and shall be eligible for reappointment subject to a maximum of two terms.

Section 10. Powers of the Council Section 10(1) The Council shall have all powers necessary for the proper performance of the functions of the Council under this Act. Section 10(2)(a) control, supervise and administer the assets of the Council in such manner as best promotes the purpose for which the Council is established; Section 10(2)(b) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; Section 10(2)(c) levy fees for services rendered by the Council as may be determined from time to time by the Council; Section 10(2)(d) open such banking accounts for the funds of the Council as may be necessary; Section 10(2)(e) invest any funds of the Council not immediately required for its purposes; and Section 10(2)(f) enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate in furtherance or for the performance of its functions under this Act.

Section 11. Remuneration of members of the Council Section The members of the Council shall be paid such remuneration as may be approved by the Cabinet Secretary upon the advice of the Salaries and Remuneration Commission.

Section 12. Staff of the Council Section The Council may employ such staff as may be necessary for the proper and efficient discharge of the functions of the Council under this Act, upon such terms and conditions of service as the Council may determine upon the advice of the Salaries and Remuneration Commission.

Section 13. Co-operation with other organizations Section the Commission for University Education and other regulators in the field of education generally;

Section 14. Invitation of experts Section 14(1) The Council may invite any public officer or other person or any representative of any body, who in the opinion of the Council, has expert knowledge in matters relating to the functions of the Council to attend any meeting of the Council and participate in the proceedings. Section 14(2) A person attending a meeting under this section may, if invited, participate in any discussion at the meeting but shall not vote.

Section 15. The common seal of the Council Section 15(1) The common seal of the Council shall be kept in the custody of the Chief Executive Officer or of such other person as the Council may direct, and shall not be used except upon the order of the Council. Section 15(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 15(3) The common seal of the Council shall be authenticated by the signature of the Chairperson of the Council and the Chief Executive Officer. Section 15(4) In the absence of either the Chairperson or the Chief Executive Officer, in any particular matter, the Council may nominate one member of the Council to authenticate the seal of the Council on behalf of either the Chairperson or the Chief Executive Officer.

Section 16. Protection of the Council from liability Section 16(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 by 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 or under this Act. Section 16(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 17. Appointment of Registrar Section There shall be a Registrar of the Council who shall be recruited and appointed by the Council through a competitive and transparent process.

Section 18. Functions of the Registrar Section receive applications for registration;

Section 19. Particulars of the register Section 19(1)(a) name and address; Section 19(1)(b) qualifications of the occupational therapists; and Section 19(1)(c) place of business or employment of the occupational therapist. Section 19(2) An occupational therapist shall notify the Registrar of any change of particulars.

Section 20. Publication of particulars of register Section publish in the Gazette a list of names, addresses and qualifications of the registered occupational therapists not later than the 31st March in every year; and

Section 21. Removal of names from register Section 21(1) An occupational therapist may request the Registrar to remove his name from the register. Section 21(2) Subject to subsection (1), the Registrar may reinstate a name upon request of the person concerned, on the approval of the Council and on payment of the prescribed fee.

Section 22. Inspection of Register Section 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 23. Registration and effect of registration Section 23(1)(a) has successfully undergone a prescribed course of training at an approved training institution; Section 23(1)(b) has applied for registration in the prescribed form; Section 23(1)(c) has paid the prescribed fees for registration; and Section 23(1)(d) has engaged in training under the supervision of a registered occupational therapist for such period, being not less than one year, as the Council may prescribe. Section 23(2) Subject to the provisions this Act, every occupational therapist registered under subsection (1) shall pay the Council such annual subscription as may be prescribed from time to time.

Section 24. Unregistered persons rendering occupational therapy services Section 24(1) A person shall not render occupational therapy services in Kenya as an occupational therapist unless he has been registered by the Council under this Act. Section 24(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

Section 25. Allowing unregistered persons to render occupational therapy services Section 25(1) A person in charge of a medical institution shall not allow any unregistered person to render occupational therapy services as an occupational therapist in their institution. Section 25(2) Any person who contravenes subsection (1) commits an offence and shall be liable to a fine not exceeding two million shillings, or imprisonment for a term not exceeding six years or to both.

Section 26. Surrender of certificates Section 26(1) A 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. Section 26(2) Subject to subsection (1), if the person is deceased, the deceased's legal representative shall surrender the certificate to the Council.

Section 27. 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 28. Licensing Section 28(1) A person shall not engage in private practice unless he has been issued with a valid licence to practice. Section 28(2) The Council may issue to an occupational therapist who has applied in the prescribed form, a licence to practice on his or her own behalf or to be employed by a registered occupational therapist. Section 28(3) The Council shall grant a licence to an occupational therapist on payment of the prescribed fee, and shall state whether the licensee may practice on his own behalf or on employment. Section 28(4) Licences for private practice shall expire on the 31st of December in the year they are granted and issued and shall be renewable in accordance with the regulations. Section 28(5) The Council may cancel or refuse to issue or to renew a licence. Section 28(6) A person aggrieved by the decision of the Council in exercising its powers under subsection (5) may appeal to the High Court within thirty days of the Council's decision being communicated to him.

Section 29. Qualification for private practice Section 29(1)(a) in a salaried post, either as an employee in the Government of Kenya as an occupational therapist; or Section 29(1)(b) in an organisation approved by the Council; or Section 29(1)(c) as an employee of an occupational therapist who has been engaged in a continuous full-time private practice on his own behalf in Kenya for a period of not less than five years. Section 29(2) The person employing an occupational therapist under this section shall in the prescribed form notify the Council of the commencement and termination of employment of such person. Section 29(3) A person who engages in private practice as an occupational therapist contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding four years, or to both.

Section 30. Validity of licence Section 30(1) After the expiry of twelve months from the commencement of this Act, no person shall engage in the practice of occupational therapy unless he has been duly issued with a registration certificate and a practicing license by the Council in accordance with this Act. Section 30(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 or one year issued. Section 30(3) Subject to subsection (2), where the name of the occupational therapist is removed or struck off the register, the licence, if any, shall expire forthwith. Section 30(4) On expiry, a license may be renewed for such further period, not exceeding one year. Section 30(5) Where a licence expires and is not renewed for a period of one year, the name of the holder of the licence shall be removed from the appropriate record. Section 30(6) The Registrar shall enter in the register the date of issue of every licence.

Section 31. Terms and conditions of private practice Section 31(1) The Council shall, in regulation, prescribe the terms and conditions of the practice of an occupational therapist engaged in private practice. Section 31(2)(a) the services to be rendered by an occupational therapist in private practice; and Section 31(2)(b) the employment of an occupational therapist in private institutions. Section 31(3) A person who breaches any term or condition prescribed in the regulation under this section commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings, or imprisonment for a term not exceeding one year, or to both.

Section 32. Application for a licence Section 32(1) An application for a licence shall be made to the Registrar in duplicate, signed by the applicant, specifying his name and place of practice and the date of his registration as an occupational therapist. Section 32(2) Every application under this section shall be accompanied by the prescribed fee. Section 32(3) The Council shall, where an occupational therapist 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 licence in the prescribed form. Section 32(4) The Registrar shall keep one copy of every application delivered to him under this section.

Section 33. Renewal, cancellation and suspension of licence Section 33(1) An occupational therapist issued with a licence may apply for renewal of the certificate in the prescribed form at least thirty days before the date of expiry thereof. Section 33(2) An occupational therapist who fails to renew his licence within the prescribed period shall, when applying for a renewal, be required to pay such late application fee, as shall be prescribed by the Council. Section 33(3) 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 occupational therapist is guilty of professional misconduct or is in breach of any provisions of this Act or any regulations made under this Act. Section 33(4) 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 High Court and the High Court may confirm, vary, or annul the decision of the Council.

Section 34. Establishment of the Disciplinary Committee Section 34(1) There is established a Disciplinary Committee. Section 34(2)(a) the chairman of the association who shall be chairman of the Committee; Section 34(2)(b) one representative of the Cabinet Secretary who shall not be a member of the Council; Section 34(2)(c) an advocate of the High Court with at least seven years' experience appointed by the Council; Section 34(2)(d) one occupational therapist in the public service nominated by the association, who is not a member of the council and is employed by the National Government; Section 34(2)(e) one occupational therapist in the public service nominated by the Association, who is not a member of the Council and is employed by a County Government; Section 34(2)(f) two occupational therapists from private practice nominated by the Association, who are not members of the Council. Section 34(3) The Registrar of the Council shall be the Secretary of the Disciplinary Committee but shall not have voting power. Section 34(4) The Disciplinary Committee shall receive and investigate complaints against occupational therapists in accordance with the rules and regulations under this Ac...

Section 35. Disciplinary powers of the Committee Section 35(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; or Section 35(1)(b) has been guilty of negligence or malpractice in respect of his profession; or Section 35(1)(c) has been guilty of impropriety or misconduct, whether in respect of his profession or not. Section 35(2) Upon an inquiry held by the committee, the person whose conduct is being inquired into shall be afforded an opportunity of being heard either in person or through an advocate. Section 35(3) For the purposes of proceedings at any inquiry held by the disciplinary 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 35(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 35(5) An occupational therapist who contravenes subsection (4) commits an offence and upon co...

Section 36. Funds of the Council Section such monies as may be payable to the Council pursuant to this Act or any other written law;

Section 37. 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 38. Annual estimates Section 38(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 38(2)(a) payment of allowances and other charges in respect of members of the Council; Section 38(2)(b) payment of salaries, allowances and other charges in respect of the staff of the Council; Section 38(2)(c) payment of pensions, gratuities and other charges in respect of staff of the Council; Section 38(2)(d) proper maintenance of the assets of the Council; and Section 38(2)(e) 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 38(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 and after the Cabinet Secretary's approval, the Council shall not increase the annual estimates of the Council without the consent of the Cabinet Secretary.

Section 39. 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 Treasury may, from time to time, approve for that purpose.

Section 40. Regulations Section 40(1) The Cabinet Secretary shall, in consultation with the Council, make regulations for the better carrying into effect of the provisions of this Act. Section 40(2)(a) the form and method of keeping records under this Act; Section 40(2)(b) the procedure for applications for registration under this Act; Section 40(2)(c) the prescribed courses under this Act; Section 40(2)(d) any fees to be paid for registration, private practice licence, or any other fees to be charged under the provisions of this Act; and Section 40(2)(e) anything required by this Act to be prescribed. Section 40(3)(a) the purpose and objective of the delegation under this section is to enable the Council to make regulations and to enable the Council to discharge its functions more effectively; Section 40(3)(b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect provisions of this Act and to fulfilment of the objectives specified under this section; Section 40(3)(c) the Statutory Instruments Act (Cap. 2A); Section 40(3)(c)(i) the Statutory Instruments Act (Cap. 2A); Section 40(3)(c)(ii) the Interpretation and General Pro...

Section 41. Carrying on of business Section After the expiry of twelve months after the commencement of the Act no person may carry on business or hold himself or herself out as being an occupational therapist except in compliance with this Act.

Section 42. Acting Registrar Section The Chief Occupational Therapist at the Ministry for the time being responsible for matters relating to health shall hold the office of the Registrar until the first appointment is made under section 17 .