Public Health Officers (Training, Registration and Licencing) Act

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

Section 2 provides definitions for terms used in the Act, including "approved institution", "Association", "Cabinet Secretary", "certificate", "Council", "public health", "public health officer", "public health officers and technicians", "public health technician", "private practice", "register", and "Registrar".

The Council may, by resolution, delegate its powers, functions or duties to any committee of the Council.

The Council must pay its members remuneration, fees or allowances for expenses as approved by the Cabinet Secretary on the Council's recommendation.

The Council may appoint officers and other staff or hire experts.

Members and agents of the Council (and persons acting on their directions) are protected from personal liability for acts done bona fide in executing the Council’s functions, powers and duties under this Act.

The Council remains liable to pay compensation or damages to any person for injuries caused by exercising powers under the Act or by failure of works.

Establishes the Public Health Officers and Technicians Council and lists powers and membership.

The Council is established to supervise and control training, practice and employment of public health officers and technicians in Kenya and to advise the Government; it has specific functions including prescribing courses and entry requirements, conducting examinations, approving qualifications and institutions, licensing and regulating practice, regulating conduct and discipline, maintaining registers, establishing a code of conduct, publishing registered names annually, and prescribing badges and uniforms in consultation with the Cabinet Secretary.

The Council has the power to control, supervise and administer the assets of the Council in a manner and for purposes that best promote the Council's purpose.

The Chairperson or a member of the Council (except ex officio members) must hold office for three years and may be re-appointed for one further term; terms and conditions are as set in the instrument of appointment.

The Chairperson and members may resign from office at any time by notice to the Council through the Registrar.

Members of the Council who have a direct or indirect personal interest in a matter must disclose that interest as soon as possible; the disclosure must be recorded in the minutes and the member must not be present, take part in, or vote during deliberations on the matter.

Section 9 sets rules for Council meetings: the Council must conduct its business as provided in the Schedule; except where the Schedule provides otherwise, the Council may regulate its own procedure; the Cabinet Secretary may amend the Schedule by Gazette notice; the Council may co-opt people who may not vote.

The Council's funds are monies that may be appropriated by Parliament for the purposes of the Council.

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

The Council must prepare annual revenue and expenditure estimates at least three months before each financial year, approve and submit them to the Cabinet Secretary for approval, and may not increase any sum in the approved estimates without the Cabinet Secretary's consent.

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

The Council must keep all proper books and records of accounts and must determine and pay the fees of an auditor appointed under subsection (2).

The Council must prepare and submit an annual report within three months after each financial year ends; the Cabinet Secretary must lay that report before the National Assembly within three months of the Assembly's next sitting after presentation.

Approved training institutions must admit persons for training, run prescribed courses or examinations, and must not issue documents implying completion; contravening these provisions is an offence with fines up to ten million shillings or imprisonment up to ten years; the Council must prescribe approval procedures for non-university institutions and the Registrar must publish the approved list.

The Council must ensure public health degree/diploma courses and exams meet standards; it may inspect, require information, forward reports, require improvements, and cancel or suspend recognition if standards are not improved.

The Chief Public Health Officer must serve as the Registrar of the Council and must perform duties prescribed by this Act.

Sets eligibility and registration procedures: persons must have relevant qualifications, training (including at least one year of supervised training as approved by the Council), satisfy the Council of competence and character, and may be required to undergo interviews or examinations; the Council assesses recognition of qualifications, may require further training or exams before registration, may delegate assessments, and must register qualified persons in the register.

A person who wants to be registered under this Act must apply to the Council.

Public health officers and technicians must notify the Registrar of address changes; the Registrar may remove or reinstate names with conditions; any person may inspect the register and obtain copies on payment of a prescribed fee.

A person aggrieved by the Council's decision not to register them under section 24 may appeal to the Cabinet Secretary within sixty days of being notified.

Persons must not practice as public health officers or technicians in Kenya unless registered under this Act; persons in charge of health institutions must not employ unregistered persons; false statements in registration applications are offences.

The Registrar must publish in the Gazette the name and address of every person whose name is removed from the Register under this section, as soon as reasonably practicable.

Section 30(3) makes it an offence for a person to engage in private practice as a public health officer or technician contrary to the section, punishable by a fine not exceeding one million shillings, or imprisonment not exceeding five years, or both.

The Council must make regulations prescribing the terms and conditions for public health officers and technicians practicing privately; breach is an offence punishable by up to KSh 100,000 or up to 12 months imprisonment or both.

The Council must issue practising certificates and annual licences to public health officers or technicians, authorizing them to engage in private practice, in accordance with this Part and any rules made under the Act.

Applicants must apply in duplicate to the Registrar, signed and specifying name, place of practice and date of registration; applications must include the prescribed fee; the Council must issue a practising certificate within sixty days if registered and not suspended; the Registrar must keep one copy of each application.

Practising certificates take effect from their issue date, normally expire on 31st December of the year issued (but expire immediately if the holder's name is removed or struck off the register), and the Registrar must record the date of issue in the register.

Rules for renewing, cancelling and suspending practising certificates: holders may apply for renewal at least thirty days before expiry; late renewals require a prescribed late fee; the Council can renew or refuse/cancel/withdraw/suspend (suspension up to twelve months) for misconduct or breaches; aggrieved officers may appeal to the Cabinet Secretary within thirty days and that decision is final.

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.

Defines the membership of the Disciplinary Committee and states that the quorum is four members.

Conviction of an offence punishable by imprisonment which, in the opinion of the Council, has dishonored him in the public estimation.

The Committee must inquire into matters referred to it by the Council under section 37 and make recommendations to the Council.

Section 40 gives persons subject to an inquiry the opportunity to be heard, and authorizes the Committee to administer oaths, compel witnesses and documents, and to regulate its own disciplinary procedure.

Section 41 authorises the Council to take disciplinary measures (admonishment; suspend registration or practising certificates; impose fines; remove names) and sets procedures and consequences (reimbursement orders, surrender of certificates, liability for failing to surrender, and an appeal to the High Court within 60 days).

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)

A public health officer or public health technician whose name was removed may, after three years from removal, appeal to the Council to have their name restored; the Council may restore the name after considering the appeal and on payment of the prescribed fee.

Persons whose name is removed from the register (or their legal representatives for deceased persons) must surrender that person's certificate of registration to the Council within thirty days of publication.

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.

Regulations concerning the form and method of keeping the registers and other records under this Act.