Occupational Therapists (Training, Registration and Licensing) Act

The Act may be cited as the Occupational Therapists (Training, Registration and Licensing) Act.

This section provides definitions of key terms used in the Act, including Association; Cabinet Secretary; certificate; occupational therapist; Council; private practice; register; and Registrar.

The Council has the powers necessary to perform its functions, including control of assets, receiving funds, levying fees, opening bank accounts, investing funds, and associating with other bodies.

Members of the Council are entitled to be paid remuneration approved by the Cabinet Secretary on the advice of the Salaries and Remuneration Commission.

The Council may employ staff as necessary for the proper and efficient discharge of its functions, on terms determined by the Council after advice from the Salaries and Remuneration Commission.

Section title refers to co-operation with the Commission for University Education and other regulators in the field of education.

The Council may invite experts to attend meetings and participate; attendees may participate if invited but must not vote.

The common seal must be kept in the custody of the Chief Executive Officer or of another person the Council directs; it must be authenticated by the Chairperson and the Chief Executive Officer; the Council may direct custody arrangements and may nominate a member to authenticate the seal if either office-holder is absent.

The Council, its staff and members are not liable for loss or damage resulting from acts or omissions done in good faith and without negligence when performing or intending to perform duties or powers under this Act.

Establishes the Occupational Therapy Council of Kenya and grants it corporate powers including suing and being sued, acquiring and disposing of property, borrowing and lending money, entering contracts, and performing acts necessary to carry out its functions.

Section 4 sets out who composes the Council (named members and categories), appointment requirements including Cabinet Secretary appointments, the Registrar's ex officio non‑voting status, requirement to consider gender balance and persons with disability, and member terms of three years with one re-appointment.

Section 5. Vacation of office Section by a notice in writing addressed to the Registrar, resign from office;

The conduct and regulation of the business and affairs of the Council shall be as provided for in the Schedule.

The Council's headquarters must be in Nairobi.

The Council must maintain a register of all students pursuing courses leading to a qualification in occupational therapy.

Council members serve three-year terms and may be reappointed, subject to a maximum of two terms.

The Council must recruit and appoint a Registrar through a competitive and transparent process.

The Registrar must receive applications for registration.

Occupational therapists must notify the Registrar of any change of particulars.

Requires publication in the Gazette of a list of names, addresses and qualifications of the registered occupational therapists annually, not later than 31st March.

Occupational therapists may ask the Registrar to remove their name from the register; the Registrar may reinstate a name if the person requests it, the Council approves, and the prescribed fee is paid.

Any person may inspect the register and related documents, and may obtain copies or extracts from the Registrar on payment of the prescribed fee.

Registered occupational therapists must pay an annual subscription to the Council as may be prescribed.

Persons must not provide occupational therapy services in Kenya unless registered by the Council.

The person in charge of a medical institution must not allow any unregistered person to provide occupational therapy services in their institution.

If a person's name is deleted from the register they must surrender their registration certificate to the Council within thirty days of the deletion's publication in the Gazette; if the person is deceased, the deceased's legal representative must surrender the certificate to the Council.

The Council must prescribe the title(s) used to show a person is registered under the Act.

A person must not engage in private practice unless issued a valid licence; the Council may issue licences, must grant licences on payment of the prescribed fee, may cancel or refuse licences, and aggrieved persons may appeal to the High Court within thirty days.

Section 29 sets qualification routes for private practice; requires the employer to notify the Council of commencement and termination in the prescribed form; and makes engaging in private practice contrary to the section an offence punishable by a fine not exceeding two million shillings, or imprisonment not exceeding four years, or both.

After twelve months from commencement, a person must not practice occupational therapy unless issued a registration certificate and a practicing licence by the Council; licences are valid from issue and expire on 31st December of the year of issue or one year, may be renewed for up to one year, and will expire forthwith if the holder’s name is removed from the register; if a licence expires and is not renewed for one year the holder’s name shall be removed from the appropriate record; the Registrar shall enter the date of issue of every licence.

The Council must, by regulation, prescribe the terms and conditions for occupational therapists in private practice; breaching those terms is an offence punishable by a fine of up to one hundred thousand shillings or imprisonment for up to one year, or both.

Sets application requirements for a licence (made to the Registrar in duplicate, signed, stating name, place of practice and registration date), requires the prescribed fee, directs the Council to issue a licence within sixty days if registration is valid and not suspended, and requires the Registrar to keep one copy of each application.

Rules for renewing, cancelling and suspending occupational therapist licences: therapists may apply to renew at least 30 days before expiry; late renewals require a prescribed late fee; the Council can renew or (if satisfied of misconduct or breach) refuse, cancel, withdraw or suspend a licence for up to 12 months; aggrieved persons may appeal to the High Court within 30 days.

Establishes a Disciplinary Committee, lists its members, makes the Registrar the Secretary without voting power, requires the Committee to receive and investigate complaints against occupational therapists under the Act, and directs the Committee to regulate its own procedures.

The disciplinary committee may conduct inquiries, administer oaths, and enforce attendance and production of documents; persons removed from the register or with suspended licences must surrender their registration certificate or licence; contravening that surrender is an offence punishable by a fine not exceeding twenty thousand shillings; an aggrieved occupational therapist may appeal to the High Court within sixty days.

The Council may receive monies that are payable to it under this Act or any other written law.

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

The Council must prepare and approve annual revenue and expenditure estimates, submit them to the Cabinet Secretary for approval, and may not increase them without the Cabinet Secretary's consent; estimates must be prepared at least three months before the financial year begins.

The Council may invest any of its funds in securities or banks that trustees may lawfully use for trust funds or that the Treasury approves.

The Cabinet Secretary must, in consultation with the Council, make regulations to carry the Act into effect; regulations may cover records, registration procedures, courses, fees and anything the Act requires to be prescribed.

After twelve months from the Act's commencement, no person may carry on business or represent themselves as an occupational therapist unless in compliance with the Act.

The Chief Occupational Therapist at the Ministry responsible for health must hold the office of Registrar until the first appointment under section 17 is made.