Radiographers Act

The Act is titled the Radiographers Act, 2022 and will come into force twelve months after publication in the Gazette.

This section provides definitions for terms used in the Act, including "approved institution", "Board", "Cabinet Secretary", "radiation", "radiographer", "radiography", "register", and "Registrar".

Section establishes a Registrar appointed by the Radiographers Board of Kenya; the Board sets the Registrar's terms and conditions upon advice of the Salaries and Remuneration Commission; the Registrar holds office for five years, is an ex‑officio (non‑voting) member, may be re‑appointed once, manages day‑to‑day affairs subject to Board directions, and performs other functions under the Act.

The Board may appoint officers and other staff on terms determined by the Board upon advice of the Salaries and Remuneration Commission, and may engage experts and resource persons when necessary to discharge its functions.

Members and agents of the Radiographers Board are not personally liable for actions done bona fide in executing Board functions; the Board itself remains liable to pay compensation or damages for injury caused by exercise of power or failure of works.

Establishes the Radiographers Board of Kenya and makes it a corporate body with perpetual succession, a common seal, and corporate powers including suing, holding property, borrowing, contracting, and doing other acts necessary to perform its functions.

The Radiographers Board of Kenya must supervise and control radiography training and practice in Kenya and carry out specific functions including prescribing education requirements, approving qualifications, maintaining a register, licensing private practice, setting a code of conduct, regulating and disciplining registrants, accrediting continuing education, publishing registered radiographers' names annually, and performing other functions provided by law.

The Radiographers Board of Kenya is granted all powers necessary to perform its functions under the Act, including control of assets, budgeting and reserves, receiving funds, entering associations, opening bank accounts, and investing funds as provided in section 33.

Specifies the composition of the Radiographers Board of Kenya and sets qualifications required for appointment as chairperson.

The Board must follow the First Schedule for conducting and regulating its business and affairs; except as provided there, the Board may regulate its own procedure.

The Board may, by resolution, delegate to any committee of the Board any of its powers or the performance of any of its functions or duties under this Act.

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

Training institutions in Kenya must not admit trainees, run prescribed registration courses/exams, or issue documents implying completion for Board registration unless established or accredited under the Universities Act or the Technical and Vocational Education Act; contravention is an offence with fines up to five million shillings or at least two years' imprisonment; the Radiographers Board must publish an approved institutions list.

Sets eligibility requirements for registration as a radiographer and empowers the Radiographers Board of Kenya to assess, require further training or testing, delegate assessments, and approve training periods.

Persons trained in approved institutions in Kenya who wish to be registered must apply to the Radiographers Board and meet prescribed requirements; foreign graduates must furnish evidence meeting specified conditions; applications must be in the prescribed form with the prescribed fee; the Board must register qualified persons and issue certificates.

Section 16 requires the Registrar to maintain a register of radiographers, publish annual details by 31 March, allows removal with consent and reinstatement on request and fee, requires registrants to notify address changes, and allows public inspection on payment of a fee.

The Registrar must remove from the register the names of deceased persons, the names of persons removed under the Act, and any entries made fraudulently or erroneously; the Registrar must also publish the name and address of every person removed in the Gazette as soon as reasonably practicable.

Persons may not engage in private practice as radiographers unless they hold a valid practicing certificate issued under this Act; private practice is defined and exceptions (employment by government, state corporations, or employers receiving all fees) apply; contraventions attract fines or imprisonment.

Applications for a practicing certificate must be made to the Registrar in the prescribed form; applications must include the prescribed fee and evidence of compliance with prescribed continuous professional development; the Board must issue a practicing certificate within sixty days if the applicant meets the listed conditions; the Registrar must keep a copy of each application.

Practicing certificates must show their issue date, state the radiographer's area of practice as in the Second Schedule, are valid from issue and expire on 31 December of the year issued; if a radiographer's name is removed or struck off the register, any practicing certificate expires immediately.

A radiographer who holds a practicing certificate may apply to renew it in the prescribed form at least thirty days before it expires.

Establishes a Disciplinary Committee of the Board and sets its composition, quorum, term length, resources and remuneration arrangements.

The Board (the Radiographers Board of Kenya) may refer a matter to the Disciplinary Committee if it has reason to believe a registered person has been convicted of a serious offence, guilty of negligence or professional misconduct, or guilty of impropriety or misconduct in relation to the profession.

The Committee must inquire into matters referred to it by the Board under section 23 and must make recommendations to the Board.

Persons registered under the Act who are subject to a Committee inquiry are entitled to be heard in person or through an advocate; the Committee may administer oaths or affirmations, enforce attendance and production of documents (subject to rules under section 39), and has power to regulate its own disciplinary procedure.

Section 26 gives the Radiographers Board of Kenya powers to impose disciplinary measures (fines, admonishment, suspension, withdrawal/cancellation of practising certificates, removal from the register), to order reimbursement of hearing costs, and to withdraw certificates for ill-health; suspended or cancelled radiographers must surrender certificates; refusal attracts professional misconduct and a fine; radiographers may appeal to the High Court within sixty days.

A radiographer suspended from practice may appeal to the Radiographers Board of Kenya any time before the suspension expires; if the Board is satisfied and receives the prescribed fee it shall lift the suspension and restore the radiographer's registration, practicing certificates and annual license.

A radiographer whose name was removed may, after three years from removal, appeal to the Radiographers Board of Kenya for restoration of the name; the Board may restore the name after considering the appeal upon payment of the prescribed fee.

The Board's funds consist of donations, National Assembly appropriations, fees/assets accruing to the Board, and other lawful monies; those funds and year-end balances must not be paid into the Consolidated Fund and must be retained by the Board for its purposes.

The Radiographers Board of Kenya's financial year is a period of twelve months ending on 30 June each year.

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

The Board must keep proper accounting books and records and must submit its accounts, a statement of income and expenditure, and a balance sheet to the Auditor-General or an appointed auditor, with submission timed within four months before the end of the financial year.

The Radiographers Board of Kenya may invest any of its funds in the types of securities trustees may lawfully invest in, or in other securities or banks approved by the Treasury.

The Board must prepare and submit an annual report for the previous year to the Cabinet Secretary within three months after the end of each financial year; the Cabinet Secretary must, on receiving the report, have it laid before the National Assembly within three months of the National Assembly next sitting.

Certificates issued under the Board's seal are property of the Board; persons removed from the register must surrender their certificate within thirty days; destroying, defacing, wrongful possession, or failing to surrender a certificate is an offence punishable by a fine of not less than thirty thousand shillings or up to three months imprisonment, or both.

If a corporate body or a firm commits an offence under the Act, the offence is deemed to have been committed by certain responsible persons (directors, secretaries, managers, or partners) unless they prove lack of consent/connivance and that they exercised all due diligence.

Radiographers must be registered to practise in Kenya; persons in charge of health institutions must not allow unregistered persons to practise; making false statements in registration applications is an offence. Convictions may attract fines up to five hundred thousand shillings and imprisonment terms specified for each offence.

A person convicted of an offence under this Act for which no penalty is provided is liable on conviction to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding three months, or to both.

The Cabinet Secretary responsible for health must make rules, in consultation with the Radiographers Board of Kenya, to carry into effect provisions of this Act; those rules may prescribe matters listed in subsection (2) including registers, forms and fees, inspections, private practice terms, and other radiography-related matters.