Medical Laboratory Technicians and Technologists Act

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

This section provides definitions of terms used in the Act, including terms such as "approved training institution", "Association", "Board", "Cabinet Secretary", "College", "Committee", "health institution", "hospital laboratory", "laboratory technician", "medical laboratory", "medical laboratory technician", "medical laboratory technologist", "register", and "Registrar".

The Board must pay its members remuneration, fees or allowances for expenses as it determines.

The Board may appoint officers and other staff as necessary for discharging its functions and on terms and conditions of service it determines.

Members, officers, employees and agents of the Board are exempt from personal liability for acts done bona fide in executing the Board's functions, powers or duties.

The Board must pay compensation to any person for injury to them, their property or interests caused by exercising powers under the Act or by failure (wholly or partially) of any works; section 12 does not relieve the Board of this liability.

Establishes the Kenya Medical Laboratory Technicians and Technologists Board and grants it corporate powers including suing and being sued; acquiring and disposing of movable and immovable property; borrowing or lending money; and doing other acts necessary for performing its functions.

The Headquarters of the Board must be in Nairobi.

The Board must generally supervise and control training, business, practice and employment of laboratory technicians and technologists in Kenya and advise the Government; it also has functions to prescribe courses, approve qualifications and institutions, licence and regulate practice, and regulate conduct including disciplinary measures.

Specifies the Board's membership composition and procedures for appointing or electing its chairperson and vice-chairperson.

The Board has power to control, supervise and administer the assets of the Board in a manner that best promotes the Board's purpose.

Except as provided in the Schedule, the Board may regulate its own procedure.

The Board may delegate its powers, functions or duties to a committee, member, officer, employee or agent of the Board, subject to this Act.

The Chief Medical Laboratory Technologist in the Ministry is the Registrar of the Board and must perform duties prescribed by this Act.

The Board must register qualified laboratory technicians and technologists and must issue a certificate of registration on payment of the prescribed fee.

The Registrar must publish in the Gazette, by 31 March each year, the names and addresses of all registered laboratory technicians and technologists from the previous year.

The Registrar must publish in the Gazette the name and address of every person whose name is removed from the Register under this section within one month of removal.

Section 18 sets out functions of training institutions related to admitting trainees, conducting courses/examinations, and issuing training documents; contravention is an offence punishable by a fine up to one million shillings or imprisonment up to five years; the Board must prescribe approval procedures in regulations.

Acting as, or employing someone as, a laboratory technician or technologist in any health institution in Kenya without registration is an offence; convictions carry fines (up to 100,000 or up to 1,000,000 shillings) and/or imprisonment (up to five years) as specified.

Only persons meeting the listed qualifications may engage in private practice as laboratory technicians or technologists; violating this is an offence punishable by fine, imprisonment, or both.

The Board must issue certificates and annual licences that authorise named medical laboratory technicians and technologists to engage in private practice, subject to this Part and any rules made under the Act.

Applications for practising certificates must be made in duplicate to the Registrar and signed; the Board must issue a practising certificate to a duly registered, unsuspended applicant within sixty days of receipt; the Registrar must keep one copy of each application; any person may inspect the register during office hours.

Practising certificates must show the issue date and take effect from that day (or from the start of the month if issued in the first month); the practising year runs 1 January to 31 December but the Board with Cabinet Secretary approval may change it by Gazette order; certificates expire at the end of the practising year and expire immediately if the holder is removed or struck off; the Registrar must record the date of issue on the register.

Laboratory technicians or technologists may apply to renew their practising certificate at least thirty days before expiry; late application fees apply if renewal is not timely; the Board may renew or refuse, cancel, withdraw or suspend a certificate for up to twelve months for professional misconduct or breach; an aggrieved person may appeal the Board’s decision to the Cabinet Secretary within thirty days and that decision is final.

The Board must, by regulations, set out the terms and conditions for the business and private practice of laboratory technicians and technologists, including equipment, services, and employment; breaching those terms is an offence punishable by a fine not exceeding 100,000 shillings or imprisonment not exceeding 12 months, or both.

Section 26 sets the Disciplinary Committee's membership (Chairperson of the Association; a representative of the Cabinet Secretary not on the Board; a representative of the Attorney‑General; the Registrar as secretary; a technician from private practice nominated by the Board not on the Board) and states that the quorum is all five members.

If a person has been convicted of an offence punishable by imprisonment that, in the opinion of the Board, has dishonoured him in the public estimation, this provision refers the matter to a Committee.

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

Section 29 gives procedures for committee inquiries: those subject to an inquiry are to be given an opportunity to be heard, the committee may administer oaths and compel witnesses and documents (subject to section 42), and the Committee has the power to regulate its own disciplinary procedure (subject to regulations).

Section 30 sets out disciplinary measures and related procedures, including the Board's powers to be reimbursed and withdraw certificates for ill-health, a duty for suspended/withdrawn technicians to surrender certificates to the Registrar, an offence and minimum fine for failure to surrender, and a sixty-day right to appeal to the High Court.

A suspended medical laboratory technician or technologist may appeal to the Board to lift the suspension; if the Board is satisfied and the prescribed fee is paid, the Board must lift the suspension and restore registration, practising certificates and annual licence.

A removed laboratory technician or technologist may, after three years from removal, appeal to the Board to restore their name; the Board may restore the name after considering the appeal and upon payment of the prescribed fee.

Defines 'Funds of the Board' as "such monies as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act."

The Board's financial year is the twelve-month period ending on 30th June each year.

The Board must prepare annual estimates of revenue and expenditure before each financial year, approve and submit them to the Cabinet Secretary, and may not increase any amount after Cabinet Secretary approval without that consent.

The Board may invest any of its funds in securities trustees are allowed to invest in or in other securities approved by the National Treasury.

The Board must keep proper books and records of accounts; the accounts must be audited by the Auditor-General or an auditor appointed under the Auditor-General; the Auditor-General may give directions to such auditors which they must comply with; auditors report to the Auditor-General; the Auditor-General must report to the Cabinet Secretary within two months after the end of the financial year and appointed auditors must transmit a copy; the Board must fix and pay the auditor's fee.

Persons removed from the register (or their legal representatives) must surrender their certificate of registration to the Board within thirty days of publication; possession of a certificate not issued to a person, or failure to surrender, without reasonable excuse, is an offence punishable by up to one million shillings or up to five years' imprisonment, or both.

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

Provides for regulations concerning the form and method of keeping the registers and other records under this Act.