Counsellors and Psychologists Act

The Act may be cited as the Counsellors and Psychologists Act.

Section 2 provides definitions for terms used in the Act (for example: "Board", "Cabinet Secretary", "Council", "practicum", "private practice", "register", "Registrar", "Secretary", "Society", "supervisor") and states how expressions such as "legally qualified counsellor or psychologist" and "duly qualified counsellor or psychologist" are to be construed.

The Board may appoint officers and other staff needed to discharge its functions, on terms and conditions it determines with advice from the Salaries and Remuneration Commission.

The Board may, by resolution, delegate powers or functions to committees, members, officers, employees or agents.

The Board may create committees; the Board must appoint committee chairpersons, may co-opt outside experts to attend committee deliberations, must have committee decisions ratified by the Board, and must establish the committees listed in the Second Schedule.

Members of the Board and its officers, employees, agents or servants are not personally liable for acts or omissions done bona fide in executing functions, powers or duties under the Act; however, the Board remains liable to pay compensation for injury or property damage caused by exercise of powers or failures of works.

Sets rules for custody, authentication and notice of the Board's common seal: the Chairperson and the Registrar authenticate the affixing of the seal and may authenticate certain documents and decisions; the Board must nominate a member to act when either official is absent.

Section 15 was deleted by Act No. 5 of 2019, Sch.

Section 16 has been deleted.

Section 17 has been deleted.

Section 18 deleted by ActNo. 5 of 2019, Sch.

Section 19 was deleted.

Section 20 was deleted by Act No. 5 of 2019 (Schedule).

Section 21 deleted by ActNo. 5 of 2019, Sch.

Section 22 has been deleted.

Creates a board called the Counsellors and Psychologists Board.

Section 4 defines the composition of the Board, listing member types, qualifications, nomination procedures and term length.

The Board must conduct its business and affairs as set out in the First Schedule, and, except as provided in that Schedule, the Board may regulate its own procedure.

The Board administers examinations to determine whether persons are qualified for registration under this Act.

The Board may control, supervise and administer its assets in a way that best promotes the Board's purpose.

The Board must pay its members remuneration, fees or allowances for expenses as it may determine upon the advice of the Salaries and Remuneration Commission.

The Board must appoint a Registrar through an open, transparent and competitive recruitment process; the Registrar is the CEO, manages day-to-day affairs subject to the Board, is an ex‑officio non‑voting member, performs duties under the Act, serves a four‑year term renewable once, and must meet specified qualifications.

A counsellor must hold a diploma degree in counselling from a recognised university.

Eligible persons may apply to the Registrar to be registered as counsellors or psychologists; applications must include the prescribed fee; the Registrar must issue a prescribed-form certificate to every person registered under the Act.

The Registrar must maintain a register of counsellors and psychologists in the prescribed form listing the name of every person registered under the Act.

The Registrar must correct and update the register as directed by the Board and make changes specified by subsection (3) promptly after notification; the Registrar may remove a name with the person's written consent; registered persons who obtain higher qualifications are entitled, upon payment of the prescribed fee, to have the additional qualification entered.

The Registrar must publish in the Gazette the names of registered counsellors and psychologists; counsellors and psychologists must immediately inform the Registrar of any change of registered address; the Gazette list is prima facie evidence of registration or non-registration.

The Board may issue a licence to practice to a counsellor or psychologist who applies in the prescribed form, either to practice on their own behalf or to be employed by a counsellor or psychologist.

The Board may refuse to issue or renew licences; an aggrieved person may appeal to the High Court, which may annul or vary the Board's decision.

The Registrar must, once every year (as soon as convenient after 1 January but not later than 31 March), publish in the Gazette a list with the names, qualifications and registered addresses of all licensed counsellors and psychologists.

A person shall not be entitled to recover a fee for counselling or psychology services unless the person is licensed under this Act.

It is an offence for any person to wilfully obtain registration or a licence by false or fraudulent representations; conviction can lead to a fine up to five hundred thousand shillings, imprisonment up to two years, or both; if convicted and registered or licensed the Registrar must, on the Board's direction, remove the person's name and cancel the licence.

Deliberately failing to follow the standards of conduct and practice of the profession of counselling or psychology as laid down by the Board is professional misconduct.

The Board may investigate complaints about counsellors or psychologists; the Board can remove, suspend (up to twelve months) or cancel licences, administer oaths, compel witnesses and require surrender of certificates; failing to comply may be an offence punishable by fines or imprisonment.

The Registrar must notify a person by registered mail when their name is removed from the register; the Board may restore names, end suspensions or grant licences (with or without fee) after inquiry; subsection (1) does not apply if removal was at the person's request or consent; a person removed at their request may apply and pay the prescribed fee to have their name restored.

A person aggrieved by a Board decision may appeal to the High Court within thirty days; the High Court may confirm, annul or vary the decision.

Makes it an offence for persons not eligible, registered or licensed under the Act to falsely use titles or to practise as counsellors or psychologists, and prescribes fines and/or imprisonment; excludes duly qualified government-employed psychologists or counsellors.

Text states: admits to the institution under his or her charge any person for the purpose of training in the profession of counselling or psychology.

Any person who obstructs or hinders, or knowingly makes a false or misleading statement to a member, officer, servant or agent of the Board carrying out duties under this Act commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment not exceeding two years, or both.

The Board is entitled to any fees, monies or assets that accrue to or vest in it in the course of exercising its powers or performing its functions under this Act or any written law.

The Board's financial year is twelve months ending on the thirtieth June each year.

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year, approve them before the year starts, submit them to the Cabinet Secretary for approval, and may not increase them after Cabinet Secretary approval without that Secretary's consent.

The Board must keep all proper books and records of accounts relating to its income, expenditure and assets; it must also keep a statement of income and expenditure for the year and a balance sheet at year end.

The Board may invest its funds in securities or approved banks; trustees may invest trust funds as allowed by law; the Treasury may approve securities or banks from time to time.

The Cabinet Secretary may, after consulting the Board, make regulations to carry the Act into effect and those regulations may prescribe the specific forms, standards, procedures, fees and other matters listed in subsections (2)(a)–(i).

A transition provision applies for a period of one year beginning with the date of commencement of this Act.