Kenya Act or statute

Parliament of Kenya

Medical Laboratory Technicians and Technologists Act

Jurisdiction: Kenya
Structure: 40 provisions
Citation: Cap. 253A
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“Short title: This Act may be cited as the 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.

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PRELIMINARY - 1. Short title

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

Section 1

THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 7. Powers of the Board

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

Section 7

PROVISIONS RELATING TO PRIVATE PRACTICE - 21. Board to issue practising certificates and annual licences

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.

Section 21

DISCIPLINE - 30. Disciplinary measures

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including the Board's powers to be reimbursed and withdraw certificates for ill-health, a duty for suspended/withdrawn technicians to surrender certificates to the Registrar, an offence and…

Section 30

MISCELLANEOUS PROVISIONS - 40. Regulations

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

Section 40

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Showing 40 of 40 provisions

Provision 29Offence 8Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Medical Laboratory Technicians and Technologists Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "approved training institution" means the Kenya Medical Training College or such other training institution as the Board may approve for the purposes of this Act; "Association" means the Association of Kenya Medical Laboratory Scientific Officers; "Board" means the Kenya Medical Laboratory Technicians and Technologists Board established by section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health and "Ministry" shall be construed accordingly; "College" means the Kenya Medical Training College established by the Kenya Medical Training College Act (Cap. 261); "Committee" means the Disciplinary Committee of the Board established by section 28 ; "health institution" means a hospital, nursing home, convalescent home, maternity home, health centre, dispensary or other institution where health or medical services are rendered; "hospital laboratory" means a facility in a health institution in which medical laboratory analysis and investigations are carried out; "laboratory technician" and "laboratory technologist" mean a "medical laboratory technician" and a "medical laboratory technologist" respectively; "medical laboratory" includes any facility where medical laboratory analysis and investigations are carried out and includes a hospital laboratory; "medical laboratory technician" means a person holding a certificate in medical laboratory technology issued by the Kenya Medical Training College or other similar institution recognised by the Board; "medical laboratory technologist" means a person holding a diploma, higher diploma or degree in medical laboratory technology issued by the Kenya Medical Training College or other similar institution approved by the Board; "register" means the register of medical laboratory technicians and technologists required to be maintained under section 16 ; "Registrar" means the Registrar of medical laboratory technicians and technologists provided for under section 14 .

Section 2Verify source

Part II

THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD

§ 10THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 10. Remuneration of Board membersProvision

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

Section 10. Remuneration of Board members Section The Board shall pay its members such remuneration, fees or allowances for expenses it may determine.

Section 10Verify source

§ 11THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 11. Staff of the BoardProvision

Section 11. Staff of the Board Section The Board may appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Board may determine.

Section 11Verify source

§ 12THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 12. Protection from personal liabilityProvision

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.

Section 12. Protection from personal liability Section No matter or thing done by a member of the Board or by any officer, employee or agent thereof shall if the matter or thing is done bona fide for executing the functions, powers or duties of the Board, render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever.

Section 12Verify source

§ 13THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 13. Liability of the Board for damagesProvision

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.

Section 13. Liability of the Board for damages Section The provisions of section 12 shall not relieve the Board of the liability to pay compensation to any person for any injury to him, his property or to 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 13Verify source

§ 3THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 3. Establishment and incorporation of the BoardProvision

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.

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

Section 3Verify source

§ 4THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 4. HeadquartersProvision

The Headquarters of the Board must be in Nairobi.

Section 4. Headquarters Section The Headquarters of the Board shall be in Nairobi.

Section 4Verify source

§ 5THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 5. Objects and functions of the BoardProvision

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.

Section 5. Objects and functions of the Board Section 5(1) The object and purpose for which the Board is established shall be to exercise general supervision and control over the training, business, practice and employment of laboratory technicians and technologists in Kenya and to advise the Government in relation to all aspects thereof. Section 5(2)(a) prescribe, in consultation with the College and such approved training institutions as the Board may deem appropriate, the courses of instruction for laboratory technicians and technologists; Section 5(2)(b) consider and approve the qualifications of laboratory technicians and technologists for the purposes of registration under this Act; Section 5(2)(c) approve institutions for the training of laboratory technicians and technologists; Section 5(2)(d) licence and regulate the business and practice of registered laboratory technicians and technologists; and Section 5(2)(e) regulate the professional conduct of registered laboratory technicians and technologists and take such disciplinary measures as may be appropriate to maintain proper professional standards.

Section 5Verify source

§ 6THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 6. Membership of the BoardProvision

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

Section 6. Membership of the Board Section 6(1)(a) the Director of Medical Services; Section 6(1)(b) the head of the National Public Health Laboratories of the Ministry; Section 6(1)(c) the Registrar; Section 6(1)(d) the Director of technical training in the Ministry for the time being responsible for education; Section 6(1)(e) the medical laboratory technologist in charge of the Division of Vector-Borne Diseases; Section 6(1)(f) three registered laboratory technicians, two of whom shall be in private practice, to be elected by the Association; Section 6(1)(g) three registered laboratory technologists, two of whom shall be in private practice, elected by the Association; Section 6(1)(h) the executive Chairperson of the Association; Section 6(1)(i) not less than three but not more than five laboratory technicians and technologists appointed by the Cabinet Secretary; and Section 6(1)(j) not more than two other members co-opted by the Board from time to time whose knowledge and experience is deemed necessary for the better performance of its functions. Section 6(2) The Cabinet Secretary shall appoint a Chairperson from among the members of the Board. Section 6(3) The Board shall elect a vice-Chairperson from amongst its members, who shall be a laboratory technician or technologist in private practice.

Section 6Verify source

§ 7THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 7. Powers of the BoardProvision

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

Section 7. Powers of the Board Section control, supervise and administer the assets of the Board in such manner and for such purpose as best promotes the purpose for which the Board is established;

Section 7Verify source

§ 8THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 8. Conduct of business and affairs of the BoardProvision

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

Section 8. Conduct of business and affairs of the Board Section 8(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 8(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 8Verify source

§ 9THE KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD - 9. Delegation by the BoardProvision

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

Section 9. Delegation by the Board Section Subject to this Act, the Board may, either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Section 9Verify source

Part III

REGISTRATION OF LABORATORY TECHNICIANS AND TECHNOLOGISTS

§ 14REGISTRATION OF LABORATORY TECHNICIANS AND TECHNOLOGISTS - 14. The RegistrarProvision

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

Section 14. The Registrar Section The Chief Medical Laboratory Technologist in the Ministry shall be the Registrar of the Board and shall perform such duties as are prescribed by this Act.

Section 14Verify source

§ 15REGISTRATION OF LABORATORY TECHNICIANS AND TECHNOLOGISTS - 15. RegistrationProvision

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

Section 15. Registration Section 15(1)(a) has successfully attended a course of instruction for laboratory technicians or technologists prescribed by the Board pursuant to subsection (2) of section 5 , at any approved training institution in Kenya; or Section 15(1)(b) has attended a course of instruction for laboratory technicians or technologists recognised by the Board as equivalent to the course prescribed under subsection (2) of section 5 , at any training institution outside Kenya approved by the Board; or Section 15(1)(c) holds such other qualifications as the Board may prescribe; and Section 15(1)(d) has completed such approved period of probation as may be prescribed by the Board, Section 15(2) Every application under subsection (1) shall be in the prescribed form and shall be accompanied by such fee as may be prescribed. Section 15(3)(a) duly qualified in terms of this section; and Section 15(3)(b) a fit and proper person to be so registered. Section 15(4) The Board shall register every qualified person by entering his name, address, professional qualifications and such other particulars as the Board may prescribe, in the appropriate register kept for that purpose pursuant to section 16 . Section 15(5) The Board shall, on payment of the prescribed fee, issue to every person registered under this Act, a certificate of registration in the prescribed form.

Section 15Verify source

§ 16REGISTRATION OF LABORATORY TECHNICIANS AND TECHNOLOGISTS - 16. Registers to be keptProvision

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.

Section 16. Registers to be kept Section 16(1)(a) a register of medical laboratory technicians; and Section 16(1)(b) a register of medical laboratory technologists, Section 16(2) The Registrar shall, not later than the 31st March in every year, cause to be published in the Gazette , the names and addresses of all laboratory technicians and technologists registered in the previous year.

Section 16Verify source

§ 17REGISTRATION OF LABORATORY TECHNICIANS AND TECHNOLOGISTS - 17. Removal of names from the registerProvision

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 17. Removal of names from the register Section 17(1)(a) the names of all deceased persons; Section 17(1)(b) the names of all persons struck off the register under section 32 ; Section 17(1)(c) any entries fraudulently or erroneously made. Section 17(2) The Registrar shall cause the name and address of every person whose name is removed from the Register under this section, to be published in the Gazette within one month from the date of such removal.

Section 17Verify source

§ 18REGISTRATION OF LABORATORY TECHNICIANS AND TECHNOLOGISTS - 18. Training institutions to be approvedOffence

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.

Section 18. Training institutions to be approved Section 18(1)(a) admit persons for training with a view to qualifying for registration under this Act; or Section 18(1)(b) conduct a course of training or administer the examinations prescribed for the purposes of registration under this Act; or Section 18(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 Board for purposes of registration, Section 18(2) A person who contravenes any of the provisions of subsection (1) commits an offence and is liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both. Section 18(3) The Board shall, in regulations, prescribe the procedure for approving training institutions for the purposes of this section.

Section 18Verify source

§ 19REGISTRATION OF LABORATORY TECHNICIANS AND TECHNOLOGISTS - 19. Offences relating to registrationOffence

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.

Section 19. Offences relating to registration Section 19(1) No person shall act as a laboratory technician or technologist in any health institution in Kenya unless such person is registered under this Act. Section 19(2) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings. Section 19(3) No person shall, while in charge of a health institution or any medical laboratory in Kenya, employ any person as a laboratory technician or technologist who is not registered under this Act. Section 19(4) A person who contravenes the provisions of subsection (3) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or imprisonment for a term not exceeding five years or to both. Section 19(5) Any person who in an application for registration, wilfully makes a false or misleading statement or utters a false certificate, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 19Verify source

Part IV

PROVISIONS RELATING TO PRIVATE PRACTICE

§ 20PROVISIONS RELATING TO PRIVATE PRACTICE - 20. Qualification for private practiceOffence

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.

Section 20. Qualification for private practice Section 20(1)(a) is a Kenya citizen; Section 20(1)(b) is registered under this Act; Section 20(1)(c) holds a valid practising certificate and annual licence issued under this Act; Section 20(1)(d) has served as a medical laboratory technician or technologist under supervision for a period of not less than five years in a medical laboratory; and Section 20(1)(e) holds such other qualification as the Board may prescribe. Section 20(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; or Section 20(2)(b) by the Government or any other public body; or Section 20(2)(b)(i) by the Government or any other public body; or Section 20(2)(b)(ii) by a State corporation as defined by the State Corporations Act ( Cap. 446 ); or Section 20(2)(b)(iii) by any person or partnership engaged in his profession where all fees and charges earned by him enure to the benefit of his employer, notwithstanding that he is engaged in his professional capacity as a laboratory technician or technologist. Section 20(3) A person who engages in private practice as a laboratory technician or technologist contrary to the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 20Verify source

§ 21PROVISIONS RELATING TO PRIVATE PRACTICE - 21. Board to issue practising certificates and annual licencesProvision

Section 21. Board to issue practising certificates and annual licences Section The Board shall issue in accordance with, but subject to, this Part and any rules made under this Act, certificates and annual licences authorising the medical laboratory technicians and technologists named therein to engage in private practice.

Section 21Verify source

§ 22PROVISIONS RELATING TO PRIVATE PRACTICE - 22. Application for practising certificateProvision

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.

Section 22. Application for practising certificate Section 22(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 business, his registration number and the date of his registration as a medical laboratory technician or technologist. Section 22(2) Every application under this section shall be accompanied by the prescribed fee. Section 22(3) The Board shall, where the laboratory technician or technologist is duly registered under this Act and is not for the time being suspended from practice, within sixty days of receipt by the Board of the application, issue to the applicant a practising certificate in the prescribed form. Section 22(4) The Registrar shall keep one copy of every application delivered to him under this section and any person may inspect the register during office hours.

Section 22Verify source

§ 23PROVISIONS RELATING TO PRIVATE PRACTICE - 23. Duration of practising certificateProvision

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.

Section 23. Duration of practising certificate Section 23(1) Every practising certificate shall bear the date of the day on which it is issued and shall have effect from that day: Provided that a practising certificate issued during the first month of any practising year shall have effect for all purposes from the beginning of that month. Section 23(2) The practising year shall be from the 1st January to the 31st December: Provided that the Board with the approval of the Cabinet Secretary may, by order in the Gazette , alter the practising year and the order may make such transitional provisions in regard to incidental matters as may be expedient. Section 23(3) Every practising certificate shall expire at the end of the practising year in which it was issued: Provided that, where the name of the laboratory technician or technologist is removed or struck off the register, the practising certificate, if any, shall expire forthwith. Section 23(4) The Registrar shall enter upon the register a note of the date of issue of every practising certificate.

Section 23Verify source

§ 24PROVISIONS RELATING TO PRIVATE PRACTICE - 24. Renewal, cancellation, suspension, etc., of practising certificateProvision

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.

Section 24. Renewal, cancellation, suspension, etc., of practising certificate Section 24(1) A laboratory technician or technologist issued with a practising certificate may apply for the renewal of the certificate in the prescribed form at least thirty days before the date of expiry thereof. Section 24(2) Any laboratory technician or technologist 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 Board. Section 24(3) The Board shall have the power to renew any practising certificate and may refuse to renew, cancel, withdraw or suspend any certificate if satisfied that the laboratory technician or technologist is guilty of professional misconduct or is in breach of any provisions of this Act or any regulations made thereunder, for a period of twelve months. Section 24(4) Any laboratory technician or technologist aggrieved by the decision of the Board 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 in every such case, the decision of the Cabinet Secretary shall be final.

Section 24Verify source

§ 25ProvisionOffence

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 25. Terms and conditions of private practice Section 25(1) The Board shall, in regulations, prescribe the terms and conditions of the business and practice of laboratory technicians and technologists engaged in private practice. Section 25(2)(a) the equipment and reagents to be provided in private medical laboratories; Section 25(2)(b) the services to be rendered by laboratory technicians and technologists in private practice; and Section 25(2)(c) the employment of laboratory technicians and technologists in private medical laboratories. Section 25(3) A person who breaches any term or condition prescribed by the Board under this section commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings, or imprisonment for a term not exceeding twelve months, or to both.

Section 25Verify source

Part V

DISCIPLINE

§ 26DISCIPLINE - 26. Disciplinary CommitteeProvision

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.

Section 26. Disciplinary Committee Section 26(1)(a) the Chairperson of the Association who shall be the Chairperson of the Committee; Section 26(1)(b) one representative of the Cabinet Secretary who shall not be a member of the Board; Section 26(1)(c) one representative of the Attorney-General; Section 26(1)(d) the Registrar who shall be the secretary; and Section 26(1)(e) one technician from private practice nominated by the Board, who shall not be a member of the Board. Section 26(2) The quorum of the Committee shall be all five members.

Section 26Verify source

§ 27DISCIPLINE - 27. Reference of matters to CommitteeOffence

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.

Section 27. Reference of matters to Committee Section has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Board, has dishonoured him in the public estimation; or

Section 27Verify source

§ 28DISCIPLINE - 28. Functions of the CommitteeProvision

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 28. Functions of the Committee Section 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 28Verify source

§ 29DISCIPLINE - 29. Procedure of the CommitteeProvision

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 29. Procedure of the Committee Section 29(1) Upon an inquiry under section 30 , the laboratory technician or technologist subject to the inquiry shall be afforded an opportunity of being heard either in person or by an advocate. Section 29(2) For the purpose of proceedings at any inquiry by the committee, the committee may administer oaths or affirmation and may, subject to any regulations made under section 42, enforce the attendance of persons as witnesses and the production of books and documents. Section 29(3) The Committee shall, subject to any regulations made under this Act, have powers to regulate its own procedure in any disciplinary proceedings.

Section 29Verify source

§ 30DISCIPLINE - 30. Disciplinary measuresOffence

Section 30. Disciplinary measures Section 30(1)(a) issue the laboratory technician or technologist with a letter of admonishment; or Section 30(1)(b) suspend the registration certificate of the laboratory technician or technologist for a specified period not exceeding twelve months; or Section 30(1)(c) withdraw or cancel the practising certificate, or suspend the practising certificate of the laboratory technician or technologist for a period not exceeding three months; or Section 30(1)(d) impose a fine which the Board deems appropriate in the circumstances; or Section 30(1)(e) remove the name of the laboratory technician or technologist from the register. Section 30(2) The Board may be reimbursed by the medical laboratory technician or technologist costs and witness expenses incurred in connection with the disciplinary hearing and such costs shall be civil debt recoverable summarily by the Board. Section 30(3) Where after the hearing in disciplinary proceedings under this Act, the Committee recommends to the Board that a registered laboratory technician or technologist is unfit to practice his profession as a result of ill-health, the Board may, if satisfied with the Committee’s recommendations, withdraw the technologist’s or technician’s certificate of registration or practising certificate until such a time as the Board is satisfied that the laboratory technician or technologist is fully recovered to resume his duties. Section 30(4) A laboratory technician or technologist who has been suspended from practice or whose licence to practice has been withdrawn or cancelled shall from the date of such suspension, withdrawal or cancellation, surrender to the Registrar his registration and practising certificates and annual licence. Section 30(5) Any person being a registered medical laboratory technician or technologist who refuses or fails to surrender his badges, licences or certificates, to the Registrar on request shall be guilty of professional misconduct and liable to be fined by the Board a fine of not less than twenty thousand shillings. Section 30(6) Any medical laboratory technician or technologist who is aggrieved by the decision of the Board in the exercise of its powers under this section may within sixty days from the date of the decision of the Board appeal to the High Court and in any such appeal, the High Court may annul or vary the decision as it thinks fit.

Section 30Verify source

§ 31DISCIPLINE - 31. Lifting of suspensionProvision

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.

Section 31. Lifting of suspension Section 31(1) Where a medical laboratory technician or technologist has been suspended from practising, he may appeal to the Board for the lifting of the suspension at any time before the expiry thereof. Section 31(2) Where the Board is satisfied in respect of any medical laboratory technician or technologist that he should have his suspension lifted, the Board shall, upon the receipt of the prescribed fee, lift the suspension and restore to the laboratory technician or technologist, his registration and practising certificates and his annual licence.

Section 31Verify source

§ 32DISCIPLINE - 32. Restoration of the name in the registerProvision

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.

Section 32. Restoration of the name in the register Section 32(1) A laboratory technician or technologist 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 Board for restoration of his name in the register. Section 32(2) The Board may after considering the appeal made under subsection (1), cause the name of the person appealing to be restored in the appropriate register, upon payment of the prescribed fee.

Section 32Verify source

Part VI

FINANCIAL PROVISIONS

§ 33FINANCIAL PROVISIONS - 33. Funds of the BoardProvision

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."

Section 33. Funds of the Board Section 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;

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§ 34FINANCIAL PROVISIONS - 34. Financial yearProvision

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

Section 34. Financial year Section The financial year of the Board shall be the period of twelve months ending on the 30th June in every year.

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§ 35FINANCIAL PROVISIONS - 35. Annual estimatesCommencement

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.

Section 35. Annual estimates Section 35(1) Before the commencement of each financial year, the Board shall cause to be prepared estimates of revenue and expenditure of the Board for that year. Section 35(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Board; Section 35(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Board; Section 35(2)(c) the proper maintenance of buildings and grounds of the Board; Section 35(2)(d) the acquisition, maintenance, repair and replacement of the equipment and other movable property of the Board; Section 35(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 Board may deem appropriate. Section 35(3) The annual estimates shall be approved by the Board 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 given his approval, the Board shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary.

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§ 36FINANCIAL PROVISIONS - 36. Investment of fundsProvision

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.

Section 36. Investment of funds Section The Board may invest any of the funds of the Board in securities in which for the time being trustees may by law invest funds or in any other securities which the National Treasury may from time to time approve for that purpose.

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§ 37FINANCIAL PROVISIONS - 37. Accounts and AuditProvision

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.

Section 37. Accounts and Audit Section 37(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Board. Section 37(2)(a) a statement of income and expenditure during the year; and Section 37(2)(b) a statement of the assets and liabilities of the Board on the last day of that year. Section 37(3) The accounts of the Board shall be audited by the Auditor-General or by an auditor appointed by the Board under the authority of the Auditor-General given in accordance with the Public Audit Act (Cap. 412B). Section 37(4) The Auditor-General may give general or special directions to an auditor appointed under subsection (3) and the auditor shall comply with such directions. Section 37(5) An auditor appointed under subsection (3) shall report directly to the Auditor-General on any matter relating to the directions given under subsection (4). Section 37(6) Within a period of two months after the end of the financial year, the Auditor-General shall report on the examination and audit of the accounts of the Board to the Cabinet Secretary and where an auditor has been appointed under subsection (3) he shall transmit a copy of the report to the Auditor-General. Section 37(7) The fee payable to an auditor appointed under subsection (3), shall be fixed and paid by the Board.

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Part VII

MISCELLANEOUS PROVISIONS

§ 38MISCELLANEOUS PROVISIONS - 38. CertificatesOffence

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.

Section 38. Certificates Section 38(1) A certificate under the seal of the Board 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 38(2) All certificates under the seal of the Board shall remain the property of the Board. Section 38(3) A person whose name is removed from the register under section 32 , 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 Board. Section 38(4)(a) destroys or defaces a certificate of registration; or Section 38(4)(b) fails to surrender certificate of registration under subsection (3), Section 38(5) A person who, without reasonable excuse, is in possession of a certificate of registration not issued to him, or fails to surrender such certificate under subsection (3), commits an offence and is liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

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§ 39MISCELLANEOUS PROVISIONS - 39. General penaltyOffence

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.

Section 39. General penalty Section 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.

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§ 40MISCELLANEOUS PROVISIONS - 40. RegulationsProvision

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

Section 40. Regulations Section the form and method of keeping the registers and other records under this Act;

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Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Auditor-General given in accordance with the Public Audit Act
Section 37
Board and must perform duties prescribed by this Act
Section 14
Board to the effect that a person is or was at any date registered under this Act
Section 38
Board under this Act
Section 9

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31 Dec 2022 · currentEnglish

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