Physiotherapists Act

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

Defines the interpretation phrase concerning assessment of neuromusculoskeletal, cardiorespiratory, neural and vascular systems and establishment of physiotherapy diagnosis.

The Council appoints a Registrar; the Council determines the Registrar's terms on the advice of the Salaries and Remuneration Commission; the Registrar must serve as Council secretary, manage day-to-day affairs subject to Council directions, and perform other Act functions; the Registrar must meet specified qualifications.

The Council may appoint officers and other staff or hire experts for discharging its functions, on terms and conditions it determines on the advice of the Salaries and Remuneration Commission.

Members and agents of the Council are not personally liable for acts done bona fide in executing Council functions, but the Council remains liable to pay compensation or damages for injury caused by its powers or failures.

Establishes the Physiotherapy Council of Kenya and grants it corporate powers including suing and being sued, acquiring and disposing of property, borrowing money, entering contracts, and doing acts necessary for its functions.

The Council must supervise and control physiotherapy training and practice in Kenya and perform related regulatory functions including setting education standards, maintaining a register, licensing private practice, accrediting programs and institutions, regulating conduct and publishing registrant names.

The Council shall have all powers necessary for the proper performance of its functions under this Act, including controlling and administering its assets; determining provisions for expenditure and reserves; receiving and disbursing grants, gifts, donations or endowments; associating with other bodies; opening banking accounts; and investing funds not immediately required (see section 17 for investment manner).

Sets out who composes the Council and rules on appointment, nomination and term length.

The Council's conduct and regulation of its business and affairs must follow the Schedule; except as provided in the Schedule, the Council may regulate its own procedure.

The Council may, by resolution generally or in any particular case, delegate to any committee of the Council powers, functions or duties under the Act.

The Council must pay its members allowances for expenses, as determined by the Cabinet Secretary on the advice of the Salaries and Remuneration Commission.

Council funds and year-end balances must be retained by the Council and must not be paid into the Consolidated Fund.

The financial year of the Council is the period of twelve months ending on the thirtieth June in each year.

The Council must prepare annual revenue and expenditure estimates and have them approved before the financial year; the estimates include specified payments, maintenance, equipment replacement, reserves, and require Cabinet Secretary approval before increases.

The Council must keep proper books and records of accounts of its income, expenditure and assets.

The Council may invest its funds in securities or banks approved by the Treasury.

The Council must, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of its operations for the immediate preceding year; the Cabinet Secretary must lay that report before the National Assembly within three months of the day the National Assembly next sits after presentation.

The Council must approve and recognize all training institutions that offer physiotherapy courses and publish an approved list; it must also prescribe approval procedures for non-university institutions.

Section 20 sets criteria and administrative steps for registration of physiotherapists and assigns the Council functions including assessing suitability, directing further training or examination before registration, delegating assessments, and registering qualified persons in the register under section 22.

Persons trained in an approved Kenyan institution who wish to be registered must apply to the Council; eligibility criteria are listed and applications must be in the prescribed form and accompanied by the prescribed fee.

Registrar must maintain a register of persons registered under the Act; registered physiotherapists must notify the Registrar of any change of registered address; the Registrar may remove or reinstate names with conditions; any person may inspect or obtain copies of the register on payment of the prescribed fee.

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

A person must hold a valid practising certificate to engage in private practice as a physiotherapist; specified employment arrangements and entitlement to fees are listed; contravening the section is an offence with fines or imprisonment.

The Council must issue a practicing certificate to a duly registered, unsuspended physiotherapist within sixty days of receiving the application; the Registrar must keep one copy of every application.

Practicing certificates must bear their date of issue; they take effect from their issue date, expire on 31 December of the year of issue, they 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.

Physiotherapists may apply to renew their practicing certificate at least thirty days before expiry; late renewals require payment of a prescribed late application fee; the Council can renew or refuse/cancel/withdraw/suspend certificates (suspension up to twelve months) if satisfied of professional misconduct or breach.

Sets the composition of the Disciplinary Committee, its quorum, members' term length and re-appointment, and requires the Council to provide resources and pay members' remuneration.

Reference to Committee concerning a person convicted of an offence punishable by imprisonment for more than six months 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 and make recommendations to the Council.

When the Committee holds an inquiry, the physiotherapist under inquiry must be given an opportunity to be heard (in person or via an advocate); the Committee may administer oaths, enforce witness attendance and document production (subject to rules under section 39); and the Committee has power to regulate its own disciplinary procedure (subject to rules under this Act).

The Council may impose disciplinary measures on a physiotherapist (fine, admonishment, suspension for 3–12 months, withdrawal/cancellation for 12 months–3 years, removal from register) and may order reimbursement of hearing costs; suspended or cancelled physiotherapists must surrender certificates; refusal to surrender is misconduct punishable by a fine of at least twenty thousand shillings; a physiotherapist may appeal to the High Court within sixty days.

A suspended physiotherapist may appeal to the Council to lift the suspension; if the Council is satisfied and the prescribed fee is paid, the Council must lift the suspension and restore the physiotherapist's registration, practising certificates and annual license.

A physiotherapist removed from the register may appeal to the Council for restoration after three years; the Council may restore the name after considering the appeal and upon payment of the prescribed fee.

Certificates issued under the Council's seal are conclusive evidence and remain Council property; persons whose names are removed (or their legal representatives) must surrender registration certificates within thirty days of publication of removal; destroying, defacing, unlawful possession, or failing to surrender a certificate is an offence punishable by a fine of not less than thirty thousand shillings, or imprisonment up to three months, or both.

When an offence under the Act is done by a body corporate, every director, secretary or manager is treated as having committed it unless they prove lack of consent/connivance and that they exercised all due diligence; similarly, when a partner commits an offence, every partner at that time (or person acting as partner) is treated as having committed it unless similar proof is shown.

Persons must not practice as physiotherapists in Kenya unless registered, and those in charge of health institutions must not allow unregistered persons to practice.

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 three months, or to both.

The Council must make rules to carry out the Act and may prescribe detailed matters such as registers, training institution approval conditions, course content, professional practice terms, forms and fees, inspection methods, private practice terms and other physiotherapy-related matters.