Primary Health Care Act

Section 1. Short Title Section This Act may be cited as the Primary Health Care Act, 2023.

Section 2. Interpretation Section In this Act— "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to health; "care coordination" means a proactive approach that brings professionals and providers together to address the needs of service users to ensure they receive integrated and person-centered care across various settings; "county executive committee member" means the county executive committee member responsible for matters relating to health; "community" means a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time; "community health committee" means the functional structure overseeing the operations of a community health unit ("a group of households not exceeding one thousand within a defined geographical area and formally recognized as level one in the health system for community health service delivery;") ; "community health officer" means a trained health professional who is assigned to supervise the community ("a specific group of people, usually living in a...

Section 3. Objects Section promote and fulfill the rights of all persons in Kenya towards the progressive realization of their right to the highest attainable standards of health care;

Section 4. Primary health care services Section 4(1) Primary health care services shall be accessed at the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") or at a health facility in accordance with this Act and any other written law. Section 4(2) The services referred to in subsection (1) shall include health promotion, prevention, curative, rehabilitation and palliative services.

Section 5. Community health care services Section 5(1) Community health care services commence at the household ("a social unit which shares the same socio-economic needs associated with consumption and production;") . Section 5(2)(a) health education and promotion; Section 5(2)(b) disease prevention and control to reduce morbidity, disability and mortality; Section 5(2)(c) family health services in the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") ; Section 5(2)(d) environmental health and hygiene in the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") ; Section 5(2)(e) provision of first aid for treatment of minor illnesses and injuries; Section 5(2)(f) community ("a specific group of people, usually living in a defined geographical area, who share common values...

Section 6. Facility health care services Section 6(1) Facility health care services commence at the health facilities. Section 6(2)(a) promotive; Section 6(2)(b) preventive; Section 6(2)(c) curative; Section 6(2)(d) rehabilitative; and Section 6(2)(e) palliative.

Section 7. Delivery of primary health services Section adopting supportive and innovative modem approaches for disease identification, monitoring, surveillance, early warning, research, community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") education and information sharing;

Section 8. Primary health care workforce Section 8(1)(a) community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health promoters appointed in accordance with this Act; and Section 8(1)(b) health care providers. Section 8(2) Each county government shall take all necessary measures to build the capacity of community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health promoters for the proper and efficient implementation of this Act.

Section 9. Recruitment ofcommunityhealth promoters Section 9(1) A community health promoter ("a member of the community who is selected and appointed in accordance withof this Act or a community health volunteer or a community health worker who is deemed to be a community health promoter under(3) of this Act and is trained to provide community health services to defined households;") shall be selected by the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") through a public participation forum and appointed by the county government. Section 9(2)(a) is a citizen of Kenya; Section 9(2)(b) is above the age of 18 and is of sound mind; Section 9(2)(c) is a responsible and respected member of the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") ; Section 9(2)(d) understands...

Section 10. Public participation in the selection ofcommunityhealth promoters Section 10(1)(a) publish and publicize, through the mechanisms established by a county government under section 95(1) of the County Governments Act ( No. 17 of 2012 ), a notice of the proposed selection process, at least seven days before the conduct of the process; Section 10(1)(b) agenda with respect to the selection process and any other issue connected to the selection process; Section 10(1)(b)(i) agenda with respect to the selection process and any other issue connected to the selection process; Section 10(1)(b)(ii) criteria for selection as a community health promoter ("a member of the community who is selected and appointed in accordance withof this Act or a community health volunteer or a community health worker who is deemed to be a community health promoter under(3) of this Act and is trained to provide community health services to defined households;") ; Section 10(1)(b)(iii) the process of submitting their nomination for selection; and Section 10(1)(b)(iv) such other information as the committee member may consider necessary for the effective participation and conduct of the selection process;...

Section 11. Functions ofcommunityhealth promoters Section 11(1) A community health officer ("a trained health professional who is assigned to supervise the community health promoters under their community health unit;") shall assign to each community health promoter ("a member of the community who is selected and appointed in accordance withof this Act or a community health volunteer or a community health worker who is deemed to be a community health promoter under(3) of this Act and is trained to provide community health services to defined households;") households in such localities in such a manner as shall be prescribed by the county for the purpose of facilitating access to and ensuring the effective delivery of community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health services at the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships wh...

Section 12. Register ofcommunityhealth promoters Section 12(1) Each county director of health shall keep and Register of maintain a register of all community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health promoters working in the county. Section 12(2) The county director of health may designate a community health officer ("a trained health professional who is assigned to supervise the community health promoters under their community health unit;") within the county public service a registrar to keep and maintain the register under subsection (1). Section 12(3)(a) name and identification details; and Section 12(3)(a)(i) name and identification details; and Section 12(3)(a)(ii) contact details; Section 12(3)(b) information on the link facility to which the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively...

Section 13. Retention ofcommunityhealth promoters Section training at least once a year;

Section 14. Role of the ministry responsible for health. Section 14(1)(a) formulate, develop and disseminate primary health care ("essential health care based on practical, scientifically sound and socially acceptable methods and technology that is made universally accessible to individuals and families in the community at every stage of their development, through their full participation and at an affordable cost to the community and country, in the spirit of self-reliance and self-determination;") policies, guidelines and other relevant frameworks; Section 14(1)(b) in consultation with the county governments, provide standards and guidelines to ensure equitable primary health care ("essential health care based on practical, scientifically sound and socially acceptable methods and technology that is made universally accessible to individuals and families in the community at every stage of their development, through their full participation and at an affordable cost to the community and country, in the spirit of self-reliance and self-determination;") service delivery; Section 14(1)(c) consolidate and analyze national primary health care ("essential health care based on practical,...

Section 15. Financing ofprimary health carefunctions Section 15(1) The National Government may, in accordance with the law relating to county governments additional allocations, provide such resources as may be necessary for the effective performance of the functions of county governments under this Act. Section 15(2) The additional resources allocated under sub-section (1) shall be a supplement, and not a substitute, to the resources allocated by the respective county government in respect to the delivery of primary health care ("essential health care based on practical, scientifically sound and socially acceptable methods and technology that is made universally accessible to individuals and families in the community at every stage of their development, through their full participation and at an affordable cost to the community and country, in the spirit of self-reliance and self-determination;") services in counties.

Section 16. Role of county governments Section oversee the implementation of the national policies, guidelines and standards on primary health care ("essential health care based on practical, scientifically sound and socially acceptable methods and technology that is made universally accessible to individuals and families in the community at every stage of their development, through their full participation and at an affordable cost to the community and country, in the spirit of self-reliance and self-determination;") services;

Section 17. Countyprimary health careadvisory committee Section 17(1) Each county government shall establish a county primary health care ("essential health care based on practical, scientifically sound and socially acceptable methods and technology that is made universally accessible to individuals and families in the community at every stage of their development, through their full participation and at an affordable cost to the community and country, in the spirit of self-reliance and self-determination;") advisory committee. Section 17(2)(a) the county executive committee member ("the county executive committee member responsible for matters relating to health;") responsible for health, who shall be the chairperson; Section 17(2)(b) a representative from the county department responsible for environment; Section 17(2)(c) a representative from the county department responsible for social protection; Section 17(2)(d) a representative from the county department responsible for education; Section 17(2)(e) a representative from the county department responsible for finance and planning; Section 17(2)(f) a representative from the county department responsible for the county public ser...

Section 18. Primary health care networks Section 18(1) Each county executive committee member ("the county executive committee member responsible for matters relating to health;") shall, subject to subsections (2) and (3) and by notice in the Gazette , establish a primary health care ("essential health care based on practical, scientifically sound and socially acceptable methods and technology that is made universally accessible to individuals and families in the community at every stage of their development, through their full participation and at an affordable cost to the community and country, in the spirit of self-reliance and self-determination;") network at the sub county level. Section 18(2) A primary health care ("essential health care based on practical, scientifically sound and socially acceptable methods and technology that is made universally accessible to individuals and families in the community at every stage of their development, through their full participation and at an affordable cost to the community and country, in the spirit of self-reliance and self-determination;") network shall serve a catchment population as shall be determined by the county primary health...

Section 19. Primary health care network committee Section 19(1)(a) five representatives of the sub-county health management team, nominated by the county executive committee member ("the county executive committee member responsible for matters relating to health;") ; Section 19(1)(b) a representative of the faith based health providers; Section 19(1)(c) a representative of the private sector providers; Section 19(1)(d) a representative from a community health committee ("the functional structure overseeing the operations of a community health unit;") ; Section 19(1)(e) a representative of development partners; and Section 19(1)(f) the sub-county commissioner. Section 19(2) The members of the committee shall, in the first meeting, elect a chairperson from amongst themselves. Section 19(3) The committee members in subsection (1) shall be appointed in writing by the county executive committee member ("the county executive committee member responsible for matters relating to health;") and shall serve for a period of three years. Section 19(4)(a) coordinate the implementation of programmes for optimal functioning of the primary health care ("essential health care based on practical, sc...

Section 20. Community Health Units Section 20(1) Each county government shall establish and operationalize community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health units. Section 20(2) A community health unit ("a group of households not exceeding one thousand within a defined geographical area and formally recognized as level one in the health system for community health service delivery;") shall serve a catchment population of up to five thousand persons in accordance with national guidelines. Section 20(3) A community health unit ("a group of households not exceeding one thousand within a defined geographical area and formally recognized as level one in the health system for community health service delivery;") shall comprise of approximately one thousand households in accordance with national guidelines. Section 20(4) A community health unit ("a group of households not exceeding one thousand within a defined geographical area and formally recognized as level one in the hea...

Section 21. Community Health Committee Section 21(1)(a) a representative of faith based organizations; Section 21(1)(b) a representative of the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") ; Section 21(1)(c) a representative of vulnerable groups ("vulnerable groups as defined under Article 21 of the Constitution") ; Section 21(1)(d) a representative of the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health promoters; Section 21(1)(e) any other co-opted member as per community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health needs; and Section 21(1)(f) the...

Section 22. Transitional provisions Section 22(1) All rights and obligations, however arising, of the national and county government and subsisting before the effective date shall continue as rights and obligations of the national and county governments as assigned under this Act. Section 22(2) All personnel appointed by the county public service boards and serving under each county government in respect of community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health services shall be deemed to be in the service of the county government on the effective date. Section 22(3) Despite section 9 , a person appointed as a community health volunteer or community health worker at the commencement of this Act shall be deemed to be appointed as a community health promoter under this Act.

Section 23. Offences and penalties Section 23(1)(a) conduct any procedure that is beyond their training and approved scope of work; Section 23(1)(b) administer to a person medication that is not authorized by clinical standards and guidelines under this Act or any other applicable law; Section 23(1)(c) conduct deliveries for pregnant women; Section 23(1)(d) negligently handle property entrusted to them; Section 23(1)(e) use tools, gadgets or properties under their custody for purposes other than the delivery of community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has collectively developed over a period of time;") health services authorized under this Act and any other applicable law; Section 23(1)(f) solicit financial or other rewards for personal gain whether or not in recognition of effort in delivering services to the community ("a specific group of people, usually living in a defined geographical area, who share common values and norms, and are arranged in a social structure according to relationships which the community has...

Section 24. Adherence to data protection Section Every person shall, in the implementation of this Act, adhere to the provisions of the Data Protection Act ( No. 24 of 2019 ), in the collection, processing and transmission of personal data.

Section 25. Regulations Section The Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to health;") shall, in consultation with county governments, make regulations generally for the better carrying out of the provisions of this Act.