Physiotherapists Act

Section 1. Short title Section This Act may be cited as the Physiotherapists Act.

Section 2. Interpretation Section the assessment of neuromusculoskeletal and cardio respiratory, neural and vascular systems and establishment of physiotherapy diagnosis;

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

Section 4. Functions of the Council Section 4(1) The object and purpose for which the Council is established is to exercise general supervision and control over the training and practice of physiotherapists in Kenya and to advise the Government in relation to all aspects thereof. Section 4(2)(a) prescribe the minimum educational requirements for persons wishing to be registered as physiotherapists under this Act; Section 4(2)(b) consider and approve the qualifications of physiotherapists for the purposes of registration under this Act; Section 4(2)(c) cause to be maintained a register of all persons registered as physiotherapists in accordance with this Act; Section 4(2)(d) prescribe and conduct examinations for purposes of registration under this Act collaboration with the approved institutions; Section 4(2)(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; Section 4(2)(f) license the private practice of physiotherapists; Section 4(2)(g) establish and maintain a professional code of conduct for all pe...

Section 5. Powers of the Council Section 5(1) The Council shall have all powers necessary for the proper performance of its functions under this Act. Section 5(2)(a) control, supervise and administer its assets in such manner and for such purpose as best promotes the purpose for which the Council is established; Section 5(2)(b) determine the provisions to be made for its capital and recurrent expenditure and for its reserves; Section 5(2)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; Section 5(2)(d) enter into association with other bodies or organizations within or outside Kenya as may be desirable or appropriate in furtherance of the purpose for which the Council is established; Section 5(2)(e) open a banking account or banking accounts for the funds of the Council; and Section 5(2)(f) invest any funds of the Council not immediately required for its purposes in the manner provided in section 17 .

Section 6. Composition of the Council Section 6(1)(a) the chairperson appointed by the Cabinet Secretary from amongst the persons nominated under paragraph (e); Section 6(1)(b) a person from the Ministry responsible for health with expertise in health appointed by the Cabinet Secretary; Section 6(1)(c) the Director of the Kenya Medical Training College or a designated representative not below the level of Deputy Director; Section 6(1)(d) one person with disability nominated by the National Council for Persons With Disabilities; Section 6(1)(e) physiotherapists working in the private sector; Section 6(1)(e)(i) physiotherapists working in the private sector; Section 6(1)(e)(ii) physiotherapists working in the county governments; Section 6(1)(e)(iii) physiotherapists working in universities in Kenya which award the qualifications recognized by the Council under section 4 ; Section 6(1)(e)(iv) a representative of the governing organ of the Kenya Society of Physiotherapists; Section 6(1)(f) the Registrar who shall be the secretary to the Council. Section 6(2)(a) is registered under this Act as a physiotherapist; and Section 6(2)(b) a physiotherapist of not less than ten years standing....

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 in the Schedule. Section 7(2) Except as provided in the Schedule, the Council may regulate its own procedure.

Section 8. Delegation by the Council Section The Council may, by resolution generally or in any particular case, delegate to any committee of the Council the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act.

Section 9. Remuneration of Council members Section The Council shall pay its members such allowances for expenses as may be determined by the Cabinet Secretary upon the advice of the Salaries and Remuneration Commission.

Section 10. The Registrar Section 10(1) There shall be Registrar who shall be appointed by the Council and whose terms and conditions of service shall be determined by the Council upon the advice of the Salaries and Remuneration Commission. Section 10(2)(a) holds a degree in physiotherapy from a university recognized in Kenya and is a Kenyan citizen; Section 10(2)(b) is registered as a physiotherapist under this Act; and Section 10(2)(c) has at least ten years' post qualification working experience. Section 10(3)(a) be the secretary to the Council; Section 10(3)(b) subject to the directions of the Council be responsible for the day to day management of the affairs and staff of the Council; Section 10(3)(c) perform such other functions as may be provided for in this Act.

Section 11. Staff of the Council Section The Council may appoint such officers and other staff or hire such experts as may be necessary for the proper discharge of its functions 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 12. Protection from personal liability Section 12(1) No matter or thing done by a member of the Council or agent of the Council shall, if the matter or thing is done bona fide for executing the functions, powers and duties of the Council under this Act, render the member or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. 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 any power conferred by this Act, or by the failure, whether wholly or partially, of any works.

Section 13. Funds of the Council Section 13(1)(a) grants, gifts or donations that the Council may receive as a result of public and private appeal from local and; international donors or agencies for the purposes of carrying out its functions. Section 13(1)(b) such fees, monies or assets as may accrue to or vest in the Council in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; and Section 13(1)(c) all monies from any other lawful source provided for or donated or lent to the Council. Section 13(2) The funds of the Council referred to in subsection (1) and its balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained by the Council for the purposes for which the Council is established.

Section 14. Financial Year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth June in each year.

Section 15. Annual estimates Section 15(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 year. Section 15(2)(a) the payment of the salaries, allowances and other charges in respect of members of the Council and staff of the Council; Section 15(2)(b) the payment of pensions, gratuities and other charges in respect of members of the Council and staff of the Council; Section 15(2)(c) the proper maintenance of the buildings and grounds of the Council; Section 15(2)(d) the maintenance, repair and replacement of the equipment and other property of the Council; and Section 15(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 Council may deem appropriate. Section 15(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 sha...

Section 16. Accounts and audit Section 16(1) The Council shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Council. Section 16(2)(a) a statement of the income and expenditure of the Council during that year; and Section 16(2)(b) a balance sheet of the Council on the last day of that year. Section 16(3) The accounts of the Council shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 17. 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 18. Annual report Section 18(1) The Council shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Council for the immediate proceeding year. Section 18(2) The Cabinet Secretary shall lay the annual report before the National Assembly within three months of the day the National Assembly within three months of the day the National Assembly next sits after the report is presented to him.

Section 19. Approved training institutions Section 19(1) The Council shall approve and recognize all training institutions that offer courses in physiotherapy. Section 19(1A)(a) admit persons for training with a view to qualifying for registration under this Act; Section 19(1A)(b) conduct a course of training or administer the examination prescribed for the purposes of registration under this Act; or Section 19(1A)(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 19(2) A person who contravenes any of the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not more than five million shillings, or to imprisonment for a term not less than two years, or to both. Section 19(3) The Council shall prescribe the procedure for approving training institutions other than those established or accredited under the Universities Act (Cap. 210), for the purposes of this section. Section 19(4) The Council shall publish a list of the training institutions approved under this Act. [Act No. 5 of 2019 , Sch.]

Section 20. Persons eligible to be registered Section 20(1)(a) is the holder of a qualification which is recognized by the Council; Section 20(1)(b) after obtaining that qualification, has engaged in training employment under the supervision of a registered physiotherapist for such period, being not less than one year, as the Council may approve; Section 20(1)(c) satisfies the Council that, while engaged in training employment as specified in paragraph (b), has acquired sufficient knowledge of, and experience in the practice of physiotherapy. Section 20(2)(a) is the holder of a qualification obtained from an institution that is accredited and recognized by the regulating authority responsible for the registration of physiotherapists in the country of study; Section 20(2)(b) has engaged in physiotherapy practice under the supervision of a physiotherapist registered by the Council for such period, being not less than twelve months, as the Council may approve; and Section 20(2)(c) the Council is satisfied that the qualifications obtained by the person meet such requirements for a course leading to a qualification in physiotherapy as the Council shall from time to time prescribe pursua...

Section 21. Application for registration Section 21(1) A person trained in an approved institution in Kenya wishing to be registered under this Act shall apply for registration to the Council. Section 21(2)(a) has completed a course of study in physiotherapy which is substantially equivalent to that provided in an accredited program approved by the Council; Section 21(2)(b) is a graduate of an institution, college or university recognized by the Council; Section 21(2)(c) is registered or is eligible for registration in the country of study; Section 21(2)(d) has engaged in physiotherapy practice under the supervision of a physiotherapist registered by the Council for such period, being not less than twelve months, as the Council may approve; and Section 21(2)(e) has successfully completed a written examination approved by the Council. Section 21(3) An application for registration under this section shall be in the prescribed form and shall be accompanied by the prescribed fee.

Section 22. Register Section 22(1) The Registrar shall maintain a register for persons registered under this Act Section 22(2) The Register maintained under subsection (1) may be in such form as may be prescribed and different registers may be kept for different categories of physiotherapists. Section 22(3)(a) not later than the 31st March in every year, publish in the Gazette and in the official Council website, the names, addresses and qualifications of all registered physiotherapists; and Section 22(3)(b) subject to the directions of the Council, cause to be published any amendments or deletion from the registers. Section 22(4) Every registered physiotherapist shall notify the Registrar of any change in his registered address. Section 22(5) The Registrar may, with the consent of the person concerned remove from the register, the name of a person who has ceased to practice. Section 22(6) A name removed from the register under subsection (4) may, at the request of the person concerned, on the approval of the Council and on payment of the prescribed fee, be reinstated by the Registrar. Section 22(7) Any person may inspect the register and any documents relating to any entry therein...

Section 23. Removal of names from the register Section 23(1)(a) the names of all deceased persons; Section 23(1)(b) the names of all persons removed from the register under this Act; Section 23(1)(c) any entries fraudulently or erroneously made. Section 23(2) The Registrar shall, as soon as reasonably practicable, cause the name and address of every person whose name is removed from the Register under this section, to be published in the Gazette .

Section 24. Qualification for private practice Section 24(1) Subject to this Act, no person shall engage in private practice as a physiotherapist unless that person holds a valid practicing certificate issued under this Act. Section 24(2)(a) on the persons own account and is entitled to receive the entire amount of all fees and charges earned for the persons own financial benefit; Section 24(2)(b) by the Government or any other public body; Section 24(2)(b)(i) by the Government or any other public body; Section 24(2)(b)(ii) by a state corporation as defined by the State Corporations Act; or Section 24(2)(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, notwithstanding that he is engaged in his professional capacity as a physiotherapist. Section 24(3) A person who engages in private practice as a physiotherapist contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not more than one million shillings, or to imprisonment for a term not less than one year, or to both.

Section 25. Application for practicing certificate Section 25(1) An application for a practicing certificate shall be made to the Registrar in such form as may be prescribed. Section 25(2) Every application under this section shall be accompanied by the prescribed fee. Section 25(3) The Council shall, where a physiotherapist 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 25(4) The Registrar shall keep one copy of every application delivered to him under this section.

Section 26. Validity of practicing certificate Section 26(1) Every practicing certificate shall bear the date on which it is issued and shall have effect from that day. Section 26(2) A practicing certificate issued under this section shall be valid from the date it is issued and shall expire on the 31st December of the year it is issued. Section 26(3) Where the name of the physiotherapist is removed or struck off the register, the practicing certificate, if any, shall expire forthwith. Section 26(4) The Registrar shall enter in the register the date of issue of every practicing certificate.

Section 27. Renewal, cancellation and suspension of practicing certificate Section 27(1) A physiotherapist issued with a practicing certificate may apply for renewal of the certificate in the prescribed form at least thirty days before the date of expiry thereof. Section 27(2) A physiotherapist who fails to renew his practicing certificate within the prescribed period shall, when applying for a renewal, be required to pay such late application fee, as shall be prescribed. Section 27(3) The Council shall have the power to renew any practicing certificate and may, refuse to renew, cancel, withdraw or suspend a practicing certificate for a period not exceeding twelve months, if satisfied that the physiotherapist is guilty of professional misconduct or is in breach of any provisions of this Act or its rules.

Section 28. Disciplinary committee Section 28(1)(a) the chairperson of the Kenya Society of Physiotherapists who shall be chairperson of the Committee; Section 28(1)(b) the Principal Secretary in the Ministry responsible for health or his designated representative; Section 28(1)(c) one shall be in the public service; Section 28(1)(c)(i) one shall be in the public service; Section 28(1)(c)(ii) one shall be from the private practice; Section 28(1)(d) the Attorney-General or a designated representative; and Section 28(1)(e) the Registrar who shall be an ex-officio member and the secretary of the Committee. Section 28(2) The quorum of the Committee shall be three members. Section 28(3) A member of the Disciplinary Committee shall hold office for three years and shall be eligible for re-appointment for one further term of office. Section 28(4) The Council shall provide the Disciplinary Committee with such facilities and resources as are necessary to enable it to competently discharge its functions. Section 28(5) The Council shall pay to its members such remuneration, fees or allowances for expenses as it may determine, in consultation with the Salaries and Remuneration Commission.

Section 29. Reference of matters to Committee Section convicted of an offence punishable by imprisonment for more than six months, the commission of which in the opinion of the Council, has dishonored him in the public estimation; or

Section 30. Functions of the Committee Section The functions of the Committee shall be to inquire into any matter referred to it by the Council under section 30 and to make its recommendations thereon to the Council.

Section 31. Procedure of the committee Section 31(1) Upon an inquiry by the Committee, the physiotherapist subject to the inquiry shall be afforded an opportunity to be heard either in person or through an advocate. Section 31(2) For the purpose of proceedings at any inquiry by the Committee, the Committee may administer oaths or affirmations and may, subject to any rules made under section 39 , enforce the attendance of persons as witnesses and the production of any books or other documents relevant to the inquiry. Section 31(3) The Committee shall, subject to any rules made under this Act, have power to regulate its own procedure in any disciplinary proceedings.

Section 32. Disciplinary measures Section 32(1)(a) impose a fine which the Council deems appropriate in the circumstances; Section 32(1)(b) issue the physiotherapist with a letter of admonishment; Section 32(1)(c) suspend the registration certificate of the physiotherapist for a specified period not less than three months but not exceeding twelve months; Section 32(1)(d) withdraw or cancel the practicing certificate of the physiotherapist for a period not less than twelve months but not exceeding three years; or Section 32(1)(e) remove the name of the physiotherapist from the register. Section 32(2) The Council may order a physiotherapist to reimburse costs and expenses incurred in connection with a disciplinary hearing and such costs shall be a civil debt recoverable by the Council. Section 32(3) Where, after the hearing in disciplinary proceedings under this Act the Committee recommends to the Council that a physiotherapist is unfit to practice as a result of ill-health, the Council may, if satisfied with the Committee's recommendations, withdraw the certificate of registration or practicing certificate of the physiotherapist until such time as the Council is satisfied that the p...

Section 33. Lifting of suspension Section 33(1) A physiotherapist who has been suspended from practising may appeal to the Council for the lifting of the suspension at any time before the expiry thereof. Section 33(2) Where the Council is satisfied that the suspension of a physiotherapist should be lifted, the Council shall, upon the receipt of the prescribed fee, lift the suspension and restore to the physiotherapist, his registration and practicing certificates and his annual license.

Section 34. Restoration of name in register Section 34(1) A physiotherapist 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 Council for restoration of his name in the register. Section 34(2) The Council may, after considering the appeal made under subsection (1), cause the name of the applicant to be restored in the appropriate register, upon payment of the prescribed fee.

Section 35. Certificates Section 35(1) A certificate under the seal of the Council 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 35(2) All certificates under the seal of the Council shall remain the property of the Council. Section 35(3) A person whose name is removed from the register 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 Council. Section 35(4)(a) destroys or defaces a certificate of registration; Section 35(4)(b) without reasonable excuse, is in possession of a certificate of registration not issued to him; or Section 35(4)(c) fails to surrender a certificate of registration under subsection (3), commits an offence and shall, on conviction, be liable to a fine not less than thirty thousand shillings, or to imprisonment for a term not exceeding three months, or to both. Section 35(5) A person who is in possession of a certificate of registration not issued to him, or fails to surrender such certificate under subsection (4) commits an offence an...

Section 36. Offences by partnership or bodies corporate Section 36(1) Any act or omission which is an offence under this Act or any rules made hereunder shall, if done by a body corporate, be deemed to be an offence committed by every director, secretary or manager of the body corporate unless proved that the offence was committed without consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and the circumstances of the case. Section 36(2) If an offence under this Act or any rules made hereunder is committed by a partner in a firm, every person who, at the time of the commission of the offence, was a partner in that firm, or was purporting to act in that office shall be deemed to have committed the offence unless there is proof that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and the circumstances of the case.

Section 37. Offences relating to registration Section 37(1) No person shall practice as a physiotherapist in any health institution or in any other place in Kenya unless that person is registered under this Act. Section 37(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not more than five hundred thousand shillings, or to imprisonment for a term not less than twelve months, or to both. Section 37(3) No person shall, while in charge of a health institution or any other health organization in Kenya, allow a person who is not registered under this Act to practice as a physiotherapist in the institution. Section 37(4) A person who contravenes the provisions of subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand, or imprisonment for a term of not less than two years, or to both. Section 37(5) Any person who, in an application for registration, willfully makes a false or misleading statement or presents a false certificate, commits an offence and shall, on conviction be liable to a fine not exceeding five hundred thousand shillings, or to imprisonm...

Section 38. General penalty Section A person convicted of an offence under this Act for which no penalty is provided shall, on conviction, be liable to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding three months, or to both.

Section 39. Rules Section 39(1) The Council shall make rules generally for the better carrying out of the provisions of this Act. Section 39(2)(a) prescribing anything required to be prescribed under this Act; Section 39(2)(b) the form and method of keeping the registers and other records under this Act; Section 39(2)(c) the conditions under which training institutions other than those established or accredited under the Universities Act (Cap. 210) may be approved; Section 39(2)(d) the course content and examination for physiotherapist for purposes of registration under this Act; Section 39(2)(e) the terms and conditions of professional practice of registered physiotherapist; Section 39(2)(f) the forms and fees for the purposes of this Act; Section 39(2)(g) the form and method of conducting any inspection, assessment, evaluation, examination or regulation required under this Act; Section 39(2)(h) prescribe the terms and conditions of the practice of a physiotherapist engaged in private practice, the services to be rendered by a physiotherapist in private practice; and the employment of a physiotherapist in private institutions. Section 39(2)(i) any other matter that may related to...