Public Health Officers (Training, Registration and Licencing) Act

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

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "approved institution" means the Kenya Medical Training College, a university and such other training institution as the Council may approve for the purposes of this Act; "Association" means the Association of Public Health Officers (Kenya); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to public health; "certificate" means a certificate of registration issued by the Council to a person entitled to be registered under this Act; "Council" means the Public Health Officers and Technicians Council established by section 3 ; "public health" includes environmental health; "public health officer" means a person who has undergone the prescribed course of training in an approved institution and holds a diploma, higher diploma or degree in environmental health; "public health officers and technicians" means public health officers and public health technicians; "public health technician" means a person who has undergone the prescribed course of training in an approved institution and holds a certificate in environmental health; "private practice" mea...

Section 3. Public Health Officers and Technicians Council Section 3(1) There is established a Council to be known as the Public Health Officers and Technicians Council. 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 3(3)(a) a public health officer of not less than ten years standing; and Section 3(3)(a)(i) a public health officer of not less than ten years standing; and Section 3(3)(a)(ii) the holder of a diploma, higher diploma or degree in public health; Section 3(3)(b) the Director of Medical Services or his representative; Section 3(3)(c) the Chief Public Health Officer who shall be the secretary to the Council; Section 3(3)(d) a representative of the Ministry for the time being responsible for urban areas and cities appointed by the cabinet secretary in consultation with the Association; Sectio...

Section 4. Objects and 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, practice and employment of public health officers and technicians in Kenya and to advise the Government in relation to all aspects thereof. Section 4(2)(a) in consultation with approved institutions, prescribe the courses of instruction for public health officers and public health technicians; Section 4(2)(b) prescribe the minimum educational entry requirements for persons wishing to be trained as public health officers or technicians; Section 4(2)(c) prescribe and conduct examinations in collaboration with the approved institutions; Section 4(2)(d) consider and approve the qualifications of public health officers and technicians for the purposes of registration under this Act; Section 4(2)(e) approve institutions other than those established or accredited under the Universities Act (Cap. 210) for the training of public health officers and technicians; Section 4(2)(f) license and regulate practice of registered public health officers and technicians; Section 4(2)(g) regulate the professional conduc...

Section 5. Powers of the Council Section control, supervise and administer the assets of the Council in such manner and for such purpose as best promotes the purpose for which the Council is established;

Section 6. Tenure of office Section The Chairperson or a member of the Council, other than an ex officio member, shall hold office for a period of three years, on such terms and conditions as may be specified in the instrument of appointment but shall be eligible for re-appointment for a further one term.

Section 7. Termination of appointment of Chairperson and members Section at any time resign from office by notice to the Council, through the Registrar;

Section 8. Disclosure of interest Section 8(1) A member of the Council who has a direct or indirect personal interest in a matter being considered by the Council shall, as soon as possible after the relevant facts concerning the matter have come to his knowledge, disclose the nature of his interest to the Council. Section 8(2) A disclosure of interest made by a member of the Council under subsection (1) shall be recorded in the minutes of the meeting of the Council and the member shall not, in respect of the matter, be present or take part or vote during any deliberations on the matter by the Council.

Section 9. Meetings of the Council Section 9(1) The conduct and regulation of the business and affairs of the Council shall be as provided in the Schedule. Section 9(2) Except as provided in the Schedule, the Council may regulate its own procedure. Section 9(3) The Cabinet Secretary may, by notice in the Gazette , amend the Schedule. Section 9(4) The Council may co-opt any person to participate in its deliberations, but a person so co-opted shall not have the right to vote.

Section 10. 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 11. Remuneration of Council members Section The Council shall pay its members such remuneration, fees or allowances for expenses as may be approved by the Cabinet Secretary, on the recommendation of the Council.

Section 12. 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.

Section 13. Protection from personal liability Section 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 14. Liability for damage Section The provisions of section 13 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 15. Funds of the Council Section such monies as may be appropriated by Parliament for purposes of the Council;

Section 16. Financial year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth day of June in every year.

Section 17. Annual estimates Section 17(1) The Council shall, at least three months before the commencement of each financial year, cause to be prepared estimates of revenue and expenditure of the Council for that financial year. Section 17(2)(a) payment of salaries, allowances and other charges in respect of the members of staff or agents of the Council; Section 17(2)(b) payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Council; and Section 17(2)(c) proper maintenance of buildings and grounds of the Council; Section 17(2)(d) acquisition, maintenance, repair and replacement of the equipment and other movable property of the Council; and Section 17(2)(e) 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 17(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 has...

Section 18. 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 funds or in any other securities which the Treasury may, from time to time, approve for that purpose.

Section 19. Accounts and audit Section 19(1) The Council shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Council. Section 19(2) The accounts of the Council shall be audited by the Auditor-General or by an auditor appointed by the Council with the written approval of the Auditor-General. Section 19(3)(a) a statement of income and expenditure during the year; Section 19(3)(b) a statement of the assets and liabilities of the Council on the last day of that year; Section 19(3)(c) a cash flow statement for the financial year; and Section 19(3)(d) any other statements and accounts that may be necessary to fully disclose the financial position of the Council. Section 19(4) The accounts of the Council shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B). Section 19(5) The fees payable to an auditor appointed under subsection (2) shall be determined and paid by the Council.

Section 20. Annual report Section 20(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 20(2) The Cabinet Secretary shall lay the annual report before the National Assembly within three months of the day the National Assembly next sits after the report is presented to him.

Section 21. Approved training institutions Section 21(1)(a) admit persons for training with a view to qualifying for registration under this Act. Section 21(1)(b) conduct a course of training or administer the examination prescribed for the purpose of registration under this Act; or Section 21(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 Council for purposes of registration: Section 21(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 exceeding ten million shillings, or to imprisonment for a term not exceeding ten years, or to both. Section 21(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 21(4) The Registrar shall publish a list of the training institutions approved under this Act.

Section 22. Supervisory functions of the Council Section 22(1) The Council shall satisfy itself that the courses of study to be followed by students for the award of a degree or diploma in public health, including the standard of proficiency required for admission thereto and the standards of examinations leading to the award of a degree or diploma, are sufficient to guarantee that the holder thereof has acquired the knowledge and skill necessary for the efficient practice of public health. Section 22(2)(a) appoint persons to visit any university or other institution in Kenya offering a course in public health and to report to it on the course of study, staffing and equipment available for training in public health and other arrangements available for such training; Section 22(2)(b) appoint persons to attend examinations in any aspect of public health at any university or institution and to report to it on the sufficiency of the examinations and on such matters relating thereto as the Council may require; or Section 22(2)(c) require the dean or head of the public health or environmental health department at any university or institution to provide written information to it concerni...

Section 23. The Registrar Section The Chief Public Health Officer shall be the Registrar of the Council and shall perform such duties as are prescribed by this Act.

Section 24. Persons eligible to be registered Section 24(1)(a) after obtaining that certificate, diploma or degree, he has engaged in training employment under the supervision of a registered public health officer for such period, being not less than one year, as the Council may approve; Section 24(1)(b) he satisfies the Council that, while engaged in training employment as specified in paragraph (a), he has acquired sufficient knowledge of, and experience in the practice of public health; and Section 24(1)(c) he satisfies the Council that he is a person of good moral character and a fit and proper person to be registered under this Act. Section 24(2) Where the Council does not recognise a certificate, diploma or degree in public health held by a person, for purposes of registration, it shall assess the person’s suitability for registration and for the purpose of so doing, may require that person to attend an interview and to undergo an oral or written examination. Section 24(3) Despite subsection (2), all certificates, diplomas or degrees issued by a university or accredited under the Universities Act (Cap. 210) shall be recognized by the Council. Section 24(4) The Council may, af...

Section 25. Application for registration Section 25(1) A person wishing to be registered under this Act shall apply to the Council. Section 25(2) An application under subsection (1) shall be in the prescribed form and shall be accompanied by the prescribed fee.

Section 26. Registers Section 26(1)(a) public health officers; and Section 26(1)(b) public health technicians, Section 26(2)(a) not later than the 31st March in every year, publish in the Gazette , the names, addresses and qualifications of all public health officers and technicians registered in the previous year; and Section 26(2)(b) subject to the directions of the Council, cause to be published any amendments or deletion from the registers. Section 26(3) Every public health officer or technician shall notify the Registrar of any change in his registered address. Section 26(4) The Registrar may, with the consent of the person concerned remove from the register, the name of a person who has ceased to practise. Section 26(5) 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 26(6) Any person may inspect the register and any documents relating to any entry therein, and may obtain from the Registrar, a copy of, or an extract from the registers on payment of the prescribed fee.

Section 27. Appeals Section A person aggrieved by a decision of the Council not to register him under section 24 may appeal to the Cabinet Secretary within sixty days of being notified of the decision.

Section 28. Offences relating to registration Section 28(1) No person shall practice as a public health officer or technician in any health institution or in any other place in Kenya unless that person is registered under this Act. Section 28(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both. Section 28(3) No person shall, while in charge of a health institution or any other health organization in Kenya, employ a person who is not registered under this Act as a public health officer or technician. Section 28(4) A person who contravenes the provisions of subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings, or imprisonment for a term not exceeding five years, or to both. Section 28(5) Any person who, in an application for registration, willfully makes a false or misleading statement or utters a false certificate, commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings, or to imprisonment...

Section 29. Removal of names from the register Section 29(1)(a) the names of all deceased persons; Section 29(1)(b) the names of all persons removed from the register under section 26 (4) and section 41 (1)(e); or Section 29(1)(c) any entries fraudulently or erroneously made. Section 29(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 30. Qualification for private practice Section 30(1)(a) is a Kenyan citizen; Section 30(1)(b) is registered under this Act; Section 30(1)(c) holds a valid practising certificate and annual licence issued under this Act; Section 30(1)(d) has served as a public health officer or technician under supervision for a period of not less than five years; and Section 30(1)(e) holds a certificate, diploma or a degree recognised by the Council under this Act. Section 30(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; Section 30(2)(b) by the Government or any other public body; Section 30(2)(b)(i) by the Government or any other public body; Section 30(2)(b)(ii) by a state corporation as defined by the State Corporations Act ( Cap. 446 ); or Section 30(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 public health officer or technician. Section 30(3) A person who engages in private practice as a public health officer or technician contrary to t...

Section 31. Terms and conditions of private practice Section 31(1) The Council shall, in regulations, prescribe the terms and conditions of the practice of a public health officer or technician engaged in private practice. Section 31(2)(a) the services to be rendered by a public health officer or technician in private practice; and Section 31(2)(b) the employment of a public health officer or technician in private institutions. Section 31(3) A person who breaches any term or condition prescribed by the Council 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 twelve months, or to both.

Section 32. Council to issue practicing certificates and annual licences Section The Council shall issue, in accordance with the provision of this Part and any rules made under this Act, a practising certificate and an annual licence to a public health officer or technician authorizing the public health officer or technician named therein to engage in private practice.

Section 33. Application for practicing certificate Section 33(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 practice and the date of his registration as a public health officer or technician. Section 33(2) Every application under this section shall be accompanied by the prescribed fee. Section 33(3) The Council shall, where a public health officer or technician 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 practising certificate in the prescribed form. Section 33(4) The Registrar shall keep one copy of every application delivered to him under this section.

Section 34. Validity of practicing certificate Section 34(1) Every practising certificate shall bear the date on which it is issued and shall have effect from that day. Section 34(2) A practising 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: Provided that, where the name of the public health officer or technician is removed or struck off the register, the practising certificate, if any, shall expire forthwith. Section 34(3) The Registrar shall enter in the register the date of issue of every practising certificate.

Section 35. Renewal, cancellation and suspension of practicing certificate Section 35(1) A public health officer or technician issued with a practising certificate may apply for renewal of the certificate in the prescribed form at least thirty days before the date of expiry thereof. Section 35(2) A public health officer or technician 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 Council. Section 35(3) The Council shall have the power to renew any practising certificate and may, refuse to renew, cancel, withdraw or suspend a practising certificate for a period not exceeding twelve months, if satisfied that the public health officer or technician is guilty of professional misconduct or is in breach of any provisions of this Act or any regulations made thereunder. Section 35(4) A public health officer or technician aggrieved by the decision of the Council 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 the decision of the Cabinet Secretary shall be final.

Section 36. Application for annual licence Section A person registered under this Act who wishes to engage in private practice may apply for an annual licence in the prescribed form and pay the prescribed fee.

Section 37. Disciplinary committee Section 37(1)(a) the Chairperson of the Association who shall be Chairperson of the Committee; Section 37(1)(b) one representative of the Cabinet Secretary who shall be a member of the Council; Section 37(1)(c) one representative of the Attorney-General; Section 37(1)(d) the Registrar who shall be the secretary; and Section 37(1)(e) one public health technician from private practice nominated by the Council, who is not a member of the Council. Section 37(2) The quorum of the Committee shall be four members.

Section 38. Reference of matters to Committee Section convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Council, has dishonored him in the public estimation; or

Section 39. 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 37 and to make its recommendations thereon to the Council.

Section 40. Procedure of the Committee Section 40(1) Upon an inquiry under section 39 , the public health officer or technician subject to the inquiry shall be afforded an opportunity to be heard either in person or through an advocate. Section 40(2) For the purpose of proceedings at any inquiry by the Committee, the Committee may administer oaths or affirmations and may, subject to any regulations made under section 46 , enforce the attendance of persons as witnesses and the production of any books or other documents relevant to the inquiry. Section 40(3) The Committee shall, subject to any regulations made under this Act, have power to regulate its own procedure in any disciplinary proceedings.

Section 41. Disciplinary measures Section 41(1)(a) issue the public health officer or technician with a letter of admonishment; Section 41(1)(b) suspend the registration certificate of the public health officer or technician for a specified period not exceeding twelve months; Section 41(1)(c) suspend, withdraw or cancel the practising certificate of the public health officer or technician for a period not exceeding three months; Section 41(1)(d) impose a fine which the Council deems appropriate in the circumstances; or Section 41(1)(e) remove the name of the public health officer or technician from the register. Section 41(2) The Council may order a public health officer or public officer technician to reimburse costs and witness expenses incurred in connection with a disciplinary hearing and such costs shall be a civil debt recoverable summarily by the Council. Section 41(3) Where, after the hearing in disciplinary proceedings under this Act the Committee recommends to the Council that a public health officer or technician 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...

Section 42. Lifting of suspension Section 42(1) A public health officer or technician 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 42(2) Where the Council is satisfied that the suspension of a public health officer or technician should be lifted, the Council shall, upon the receipt of the prescribed fee, lift the suspension and restore to the public health officer or technician, his registration and practising certificates and his annual licence.

Section 43. Restoration of name in register Section 43(1) A public health officer or public health technician 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 43(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 44. Certificates Section 44(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 44(2) All certificates under the seal of the Council shall remain the property of the Council. Section 44(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 44(4)(a) destroys or defaces a certificate of registration; Section 44(4)(b) without reasonable excuse, is in possession of a certificate of registration not issued to him; or Section 44(4)(c) fails to surrender a certificate of registration under subsection (3),

Section 45. 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 two years, or to both.

Section 46. Regulations Section the form and method of keeping the registers and other records under this Act;