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Medical Practitioners And Dentists Cap 253 - as Plain Text by MWakili

LAWS OF KENYA MEDICAL PRACTITIONERS AND DENTISTS ACT CHAPTER 253 Revised Edition 2013 (2001) Published by the National Council for Law Reporting With the Authority of the Attorney-General www.kenyalaw.org CHAPTER 253 MEDICAL PRACTITIONERS AND DENTISTSACT ARRANGEMENT OF SECTIONS Section Short title and commencement.

Interpretation.

Construction of terms in any written law.

The Medical Practitioners and Dentists Board.

Registrar and register.

Registration of medical practitioners and dentists.

Certificate of registration.

Correction of register.

Publication of register.

0Publication prima facie evidence of registration.

1Persons eligible to be registered as medical or dental practitioners 1ASupervisory functions of the Board.

2Persons registered may have additional qualifications inserted in the register.

3Licensing of persons to render medical or dental services.

4Effects of registration and licence under section 13.

5Licences for private practice.

5ARepealed.

6Licences to be published in Gazette.

7No Fees recoverable unless person licensed under section 15.

8Certificate not valid unless signatory registered, etc.

9Penalty for fraudulently procuring registration or licence.

9AReport of convictions.

0Disciplinary proceedings.

1Effect of removal, cancellation or suspension.

2Penalty for unregistered and unlicensed person practising.

3Rules.

4Attorney -Generals consent.

5Finance.

CHAPTER 253 MEDICAL PRACTITIONERS AND DENTISTSACT 0 of 1977, L.N.

308/1977, 13 of 1978, 19 of 1984, 7 of 1990, 1 of 1992, 11 of 1993, 9 of 2000.

Commencement: 1st January, 1978 An Act of Parliament to consolidate and amend the law to make provision for the registration of medical practitioners and dentists and for purposes connected therewith and incidental thereto Short title.

This Act may be cited as the Medical Practitioners and Dentists Act.

Interpretation.

In this Act, unless the context otherwise requires Board means the Medical Practitioners and Dentists Board constituted under section 4; dental practitioner and dentist mean a person registered under this Act as a dentist; dentistry and dental services include the performance of an operation and the giving of treatment, advice or attendance as is usually performed or given by dentists, and an operation or treatment, advice or attendance on or to any person preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of artificial teeth; medical practitioner means a person registered under this Act as a medical practitioner; private practice means the practice of medicine or of dentistry, as the case may be, for a fee either in kind or cash; private practitioner means a person registered under this Act as either a medical practitioner or a dentist who is also licensed under section 15 to practise medicine or dentistry for fees either in cash or in kind; register means the register of medical practitioners and dentists which the Registrar is required by section 5 to keep; Registrar means the Registrar of Medical Practitioners and Dentists constituted by section 5.

Construction of terms in any written law.

3 of 1978, Sch.

The expressions legally qualified medical practitioner and duly qualified medical practitioner or any words importing a person recognized by law as a medical practitioner or a member of the medical profession, when used in any written law with reference to that person, shall be construed to mean a person registered as a medical practitioner under this Act or, where the context so admits, a person who is licensed by the Board under section 13.

The Medical Practitioners and Dentists Board.

3 of 1978, Sch., 11 of 1992, Sch., 11 of 1993, Sch.

(1) For the purposes of this Act, there shall be constituted a Board to be known as the Medical Practitioners and Dentists Board, which shall consist of the following members, all of whom shall be citizens of Kenya and either medical or dental practitioners of good character and good standing (a) a chairman to be appointed by the Minister; (b) the Director of Medical Services or the person for the time being acting in that post; (c) a Deputy Director of Medical Services, to be nominated by the Minister; (d) four medical practitioners to be nominated by the Minister; (e) a representative of each of the universities in Kenya which have power to grant a qualification which is registrable under this Act; (f) five medical practitioners and two dentists who shall be elected by the votes respectively of all medical practitioners and of all dentists at the prescribed times and in the prescribed manner; but, notwithstanding the provisions of this subsection the Minister may, if at any time it appears to him that the Board has failed to carry out any of its function under this Act in the national interest, revoke or annul the appointment, nomination or election of any member of the Board and may himself nominate a new member in the place of that member for the remainder of the period of office of that member under subsection (3).

(2) The Board shall elect a deputy chairman from amongst its members.

(3) The members referred to in paragraphs (a), (c), (d), (e) and (f) of subsection (1) shall hold office for a period of five years from the date of their appointment, nomination or election, as the case may be, but shall be eligible for re-appointment, re-nomination or re-election.

(4) The chairman or, in his absence, the deputy chairman shall preside at all meetings of the Board and, in the absence for any reason of both the chairman and the deputy chairman, the other members of the Board who are present at any meeting shall choose one of the members to act as chairman at that meeting.

(5) Each member of the Board shall have a deliberative vote and the chairman for the time being at any meeting of the Board shall, in addition to his deliberative vote as a member of the Board, have a casting vote.

(6) If any member of the Board, other than the chairman, the Director of Medical Services or the Deputy Director of Medical Services nominated under paragraph (c) of subsection (1), is temporarily incapacitated by illness or is otherwise prevented from performing his duties as a member thereof, the Board may appoint a medical or dental practitioner to act in the place of that member during his incapacity or absence.

(7) When a member who has been appointed, nominated or elected under paragraph (a), (c), (d), (e) or (f) of subsection (1), dies or resigns from the Board, or is otherwise permanently unable to attend meetings of the Board, the Minister may, after consulting the Board, appoint a medical or a dental practitioner to act as a member of the Board until such time as a permanent member is appointed, nominated or elected to fill the vacancy.

(8) Seven members of the Board (including the chairman of the meeting) shall constitute a quorum at any meeting of the Board, and all acts, matters or things authorized or required to be done by the Board may be decided at any meeting at which a quorum is present.

(9) The powers of the Board shall not be affected by any vacancy in the membership thereof.

(10) The Board shall meet at least once in every three months.

(11) The chairman or, in his absence, the deputy chairman shall convene a meeting of the Board on receiving written requests by at least five of its members.

(12) A member of the Board who absents himself from two consecutive meetings without prior permission from the chairman or, in his absence, from the deputy chairman, shall automatically lose his place on the Board and the vacancy so created may be filled temporarily in accordance with subsection (7).

(13) The chairman or, in his absence, the deputy chairman may, with prior approval of the Board, appoint suitable persons, who may be persons employed in the public service, to assist in carrying out particular decisions of the Board or particular duties or investigations of the Board.

(14) Subject to the provisions of this Act and to any rule as to procedure made under section 23, the Board may regulate its own procedures.

(15) The Board shall be a body corporate with perpetual succession and a common seal, and shall be capable in its corporate name of (a) suing and being sued; (b) acquiring, holding and disposing of property; (c) borrowing and lending money.

Registrar and register.

(1) For the purpose of this Act, there shall be a Registrar of Medical Practitioners and Dentists.

(2) The Director of Medical Services shall be the Registrar, and shall perform such duties in connection with the register as are prescribed by this Act.

(3) The Registrar shall keep a register of medical practitioners and dentists in the prescribed form.

Registration of medical practitioners and dentists.

(1) Every person eligible to be registered as a medical practitioner or as a dentist may apply in the prescribed form to the Registrar for registration in the register, and every such application shall be accompanied by the prescribed fee.

(2) Where a person has complied with the provisions of subsection (1) and has been accepted by the Board as being eligible for registration and has satisfied the Registrar that he has been so accepted, he shall be registered.

Certificate of registration.

The Registrar shall issue to every person registered under this Act, a certificate in the prescribed form.

Correction of register.

(1) The Registrar shall from time to time make any necessary alterations and corrections in the register in relation to any entry therein.

(2) The Registrar shall remove from the register (a) the name of every deceased person; (b) the name of every person convicted of an offence under section 19; (c) the name of every person whose name the Board has under section 20 directed should be struck off the register; and (d) any entry which has been incorrectly or fraudulently made in the register.

(3) The Registrar may, with the consent of the person concerned, remove from the register the name of a person who has ceased to practise.

(4) The Registrar shall, not later than 1st July in each year, send by registered post to every person registered in the register a notice inquiring whether or not that person has ceased to practise or has changed his address, and, if no answer is returned to the inquiry within six months from the posting thereof, the name of that person may be removed from the register; but a name removed under this subsection may, at the request of the person concerned and on payment of the prescribed fee, be reinstated by the Registrar.

(5) The Registrar-General of Births and Deaths shall notify the Registrar of the death of any registered medical practitioner or dentist.

Publication of register.

(1) The Registrar shall publish in the Gazette as soon as may be practicable after registration the name of every medical practitioner or dentist registered in the register.

(2) The Registrar shall once in every year, as soon as convenient after 1st January, but not later than 31st March, publish in the Gazette, a list containing the names, qualifications and registered addresses of all registered medical and dental practitioners.

(3) It shall be the duty of every medical and dental practitioner to inform the Registrar immediately of any change in his registered address.

Publication prima facie evidence of registration.

(1) The publication of the list of registered medical and dental practitioners in the Gazette shall be prima facie evidence that the persons named therein are registered under this Act, and the absence of the name of any person from such list shall be prima facie evidence that the person is not so registered.

(2) All register books and all copies thereof or extracts therefrom certified under the hand of the Registrar shall be receivable in evidence in all courts.

Persons eligible to be registered as medical or dental practitioners.

(1) Subject to the provisions of this section, a person shall be eligible for registration under this Act as a medical or dental practitioner if he is the holder of a degree, diploma or other qualification which is recognized by the Board as making him eligible for registration, and (a) after obtaining that degree, diploma or other qualification, he has engaged in training employment in a resident medical capacity in one or more institutions approved by the Board for such period, being not less than one year, as the Board may approve; and (b) he satisfies the Board that, whilst engaged in training employment under paragraph (a), he has acquired sufficient knowledge of, and experience in, the practice of medicine or dentistry, as the case be; and (c) he satisfies the Board that he is a person of good moral character and a fit and proper person to be registered under this Act.

(2) Where the Board does not recognize a degree, diploma or other qualification in medicine or dentistry held by a person as making him eligible for registration, it shall take steps to assess his suitability for registration and for the purpose of so doing may require him to attend an interview and to undergo any oral or written examination.

(3) The Board may, after assessing the suitability for registration of a person under subsection (2), direct that before registration he shall undergo such further period of training or pass such further examination as it may specify.

(4) The Board shall not authorize the registration of a person until it is satisfied that the requirements of subsection (1) have been fulfilled or, in the case of a person referred to in subsection (2), that the requirement of paragraphs (a), (b) and (c) of subsection (1) have been fulfilled and that any further period of training or examination directed by it under subsection (3) has been completed or passed.

(5) The Board may where it considers it expedient so to do, delegate the assessment of suitability for registration under subsection (2) to a committee of the Board which shall, after making the assessment, make recommendations to the Board accordingly.

Supervisory functions of the Board.

1 of 1993, Sch.

1A.

(1) The Board shall satisfy itself that courses of study to be followed by students for a degree in medicine or dentistry, including the standard of proficiency required for admission thereto and the standards of examinations leading to the award of a degree, are sufficient to guarantee that the holder thereof has acquired the minimum knowledge and skill necessary for the efficient practice of medicine or dentistry.

(2) For the purposes of this section the Board may (a) appoint persons to visit any university or other institution in Kenya offering a course in medicine or dentistry and to report to it on the course of study, staffing, accommodation and equipment available for training in medicine or dentistry and other arrangements available for such training; (b) appoint persons to attend examinations in any aspect of medicine or dentistry at any such university or institution and to report to it on the sufficiency of the examinations and on such matters relating thereto as the Board may require; (c) require the dean or head of the faculty of medicine or dentistry or both at any such university or institution to provide written information to it concerning any of the matters referred to in paragraph (a) or (b).

(3) The Board shall forward a copy of any report made under subsection (2) to the university or institution concerned and may, if it is satisfied that the standard of any course or examination is insufficient, and after it has given the university or institution an opportunity of making observations on the report, require the university or institution in writing to take such measures as it may specify in order to improve or rectify the standard of such course or examination.

(4) If the Board, after requirements in writing has been made under subsection (3), is satisfied that the university or institution has nevertheless failed to take measures which are in the opinion of the Board necessary to improve or rectify the standard of any course or examination, it may cancel or suspend any recognition of a degree, diploma, or qualification awarded by that university or institution for the purposes of section 11: Provided that no degree awarded prior to such cancellation or suspension shall be thereby affected.

Person registered may have additional qualifications inserted in register.

Every person registered under this Act who has obtained a higher degree or qualification than the qualification in respect of which he has been registered shall be entitled to have that higher degree or additional qualification inserted in the register in substitution for or in addition to the qualification previously registered, on the payment of the prescribed fee.

Licensing of persons to render medical or dental services.

(1) Notwithstanding any of the other provisions of this Act, the Board may, if it is satisfied that it is in the public interest to do so, confer upon any person who is not otherwise eligible to be registered as a medical practitioner or as a dentist under the provisions of this Act, by the issue, under the signature of the Director of Medical Services, of a licence to do so, the right to render medical or dental services.

(2) Every such licence shall be for such period and may contain such conditions as the Director of Medical Services shall, with the consent or on the instruction of the Board, impose.

(3) Any licence issued under this section may be cancelled or revoked and withdrawn at any time by the Director of Medical Services with the consent or on the instructions of the Board.

Effects of registration and licence under section 13.

(1) Registration as a medical practitioner or a dentist under this Act, or the granting of a licence under section 13, shall only entitle the person so registered or so licensed to practise medicine or dentistry or to render medical or dental services, as the case may be, in a salaried post under a Government or local government health scheme or in such salaried posts in such institutions as the Board may from time to time approve.

(2) No medical practitioner or dentist shall act as or engage in private practice as a private practitioner or may be employed by a private practitioner, unless he holds a licence to engage in private practice under the provisions of section 15.

Licence for private practice.

(1) The Board may authorize the Registrar to issue to a medical practitioner or a dentist who has applied in the prescribed form and whom the Board considers has had suitable working experience in medicine or in dentistry, as the case may be, a licence to engage in private practice on his own behalf as a private practitioner or to be employed, either whole time or part time, by a private practitioner.

(2) The Registrar shall issue, on payment of the prescribed fee, a licence in the prescribed form to persons who are authorized by the Board under subsection (1).

(3) Licences shall be granted for a period of one year at a time and shall state whether the person so licensed may practise as a private practitioner on his own behalf or may be employed by a private practitioner.

(4) The Board may refuse to issue or to renew a licence to engage in private practice to any person and may withdraw a licence it has issued.

(5) No premises may be habitually used for the purposes of private practice unless they are authorized for such use by the Board.

(6) A person aggrieved by a decision of the Board under this section may appeal to the High Court, and in any such appeal the High Court may annul or vary the decision as it thinks fit.

5A.

(Repealed by 9 of 2000, s.

83.).

Licences to be published in Gazette.

The issue and the cancellation, revocation or withdrawal of a licence under section 13 or section 15 shall be published in the Gazette.

No fees recoverable unless person licensed under section 15.

No person shall be entitled to recover a charge for medical or surgical advice or attendance, or for the performance of an operation as a medical practitioner or dentist, or for medicine which he has prescribed and supplied as a medical practitioner or dentist, unless he is at the time appropriately licensed under section 15.

Certificate not valid unless signatory registered, etc.

No certificate or other document required by law to be signed by a duly qualified medical or dental practitioner shall be valid unless signed by a person registered as a medical or dental practitioner under this Act or, where the context so admits, by a person who is licensed by the Board under section 13.

Penalty for fraudulently procuring registration or licence.

A person who wilfully procures or attempts to procure himself to be registered or licensed under any of the provisions of this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either orally or in writing, and a person aiding or assisting him therein, shall be guilty of an offence and shall be liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding twelve months, or to both; and if a person convicted of an offence under this section is registered or licensed under this Act the Registrar shall forthwith remove his name from the register or cancel his licence, as the case may be.

Report of convictions.

9 of 1984, Sch.

9A.

The court by which a medical practitioner or dentist is convicted of an offence under the Penal Code or this Act or any court by which his case is brought by way of appeal against conviction shall report the conviction or the upholding of a conviction to the Board specifying the name of the medical practitioner or dentist, as the case may be, the date of the conviction or judgement on appeal and the offence for which he was convicted.

Disciplinary proceedings.

(1) If a medical practitioner or dentist registered or a person licensed under this Act is convicted of an offence under this Act or under the Penal Code, Cap.

63, whether the offence was committed before or after the coming into operation of this Act or is, after inquiry by the Board, found to have been guilty of any infamous or disgraceful conduct in a professional respect, either before or after the coming into operation of this Act, the Board may, subject to subsection (9), remove his name from the register or cancel any licence granted to him.

(2) Upon any inquiry held by the Board under subsection (1) the person whose conduct is being inquired into shall be afforded an opportunity of being heard, either in person or by an advocate.

(3) For the purpose of proceedings at an inquiry held by the Board, the Board may administer oaths and may, subject to the provisions of rules made under section 23, enforce the attendance of persons as witnesses and the production of books and documents.

(4) Subject to the foregoing provisions of this section and to rules as to procedure made under section 23, the Board may regulate its own procedure in disciplinary proceedings.

(5) The power to direct the removal of the name of a person from the register or to cancel the licence of a person shall include a power exercisable in the same manner to direct that during such period as may be specified in the order the registration of a persons name in the register or the licence granted to him shall not have effect.

(6) A person aggrieved by a decision of the Board under the provisions of this section may appeal within thirty days to the High Court and in any such appeal the High Court may annul or vary the decision as it thinks fit.

(7) The provisions of this section, in so far as they relate to the cancellation or suspension of licences, shall be in addition to and not in derogation of the provisions of section 13 or 15.

(8) A person who fails when summoned by the Board to attend as a witness or to produce any books or documents which he is required to produce shall be guilty of an offence and liable to a fine of two thousand shillings or to imprisonment for one month.

(9) Notwithstanding the provisions of subsection (8) of section 4, the Board shall not remove the name of a person from the register, or cancel any licence granted to a person, under subsection (1) of this section unless at least ten members of the Board so decide.

Effect of removal, cancellation or suspension.

(1) Where the name of a person has been removed from the register, the name of that person shall not, subject to the provisions of this Act, be again entered in the register except by order of the Board.

(2) Where an order has been made for the removal of a persons name from the register, or for suspending the effect of a persons registration under this Act, or for cancelling or suspending a licence granted to a person under this Act, the Board may either on its own motion or on the application of the person concerned, and in either case after holding such inquiry as the Board thinks fit, cause the name of that person to be restored to the register or terminate the suspension of the registration, or, as the case may be, grant a new licence or terminate the suspension of the existing licence, in any such case either without fee or on the payment of such fee, not exceeding the appropriate registration or licence fee, as the Board may determine.

(3) Subsection (1) shall not apply when a persons name has been removed from the register at his request or with his consent in circumstances under which it could not have been removed without consent, and the name of that person shall on his application and on the payment of the prescribed fee, if any, be restored to the register.

Penalty for unregistered and unlicensed person practising.

1 of 1992, Sch.

(1) Any person who wilfully and falsely takes or uses any name, title or addition implying a qualification to practise medicine or surgery or dentistry, or who, not being registered or licensed under this Act, practises or professes to practise or publishes his name as practising medicine or surgery or dentistry, or who, being licensed under section 15, practises as a private practitioner, shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

(2) Subject to this Act, no person shall use the title doctor unless he is registered or licensed under this Act as a medical or dental practitioner or he has acquired a higher academic doctoral qualifications which entitles him to use that title and any person who contravenes the provisions of this subsection shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or toimprisonmentfor term not exceeding two years or to both.

(3) Nothing in subsection (1) shall make it an offence for a person in the service of (a) the medical department of the Government; or (b) a hospital, dispensary or similar institution which the Director of Medical Services, by notice in the Gazette, declares to be an approved institution for the purposes of this section, to render medical assistance in the course of his duties in such service or for a person to carry out treatment under the direction, supervision and control of medical practitioner or a dentist or of a person licensed under section 13.

Rules.

The minister may, after consultation with the Board, make rules generally for the better carrying out of the provisions of this Act, and any such rules may, without prejudice to the generality of the foregoing power (a) prescribe anything required by this Act to be prescribed; (b) provide for the procedure to be followed by the Board in an inquiry under section 20; (c) provide for enforcing the attendance of witnesses and the production of books and documents at an inquiry held by the Board; (d) prescribe forms to be used in connection with this Act or fees to be charged under this Act.

Attorney-Generals consent.

A prosecution for an offence under this Act shall not be instituted without the written consent of the Attorney-General.

Finance.

The Minister may, with the consent of the Treasury, out of money provided by Parliament (a) make to the Board such grants as may be necessary to enable it to discharge its functions under this Act; (b) pay remuneration and travelling and other allowances to the members of the Board (other than members who are public officers in receipt of a salary); (c) make such other payments as may be necessary to give effect to the provisions of this Act.

SUBSIDIARY LEGISLATION Rules under section 23 L.N.

18/1978, L.N.

209/1983, L.N.

216/1994, L.N.

75/2012.

THE MEDICAL PRACTITIONERS AND DENTISTS (ELECTION OF MEMBERS OF THE BOARD) RULES Citation.

These Rules may be cited as the Medical Practitioners and Dentists (Election of Members of the Board) Rules.

Interpretation.

L.N.

216/1994.

In these Rules, Returning Officer means a person appointed by the Board for the purposes of these Rules.

Notice of election to the Board.

(1) The Minister may, from time to time, by notice in the Gazette and in such newspapers circulating in Kenya as he may think fit, declare that an election to the Board of up to five medical practitioners and two dentists prescribed under paragraph (f) of subsection 4 (1) of the Act shall be held on a day to be specified in the notice, which day is in these Rules referred to as election day.

(2) The notice shall be so published at least ninety days before election day.

Nomination of candidates.

(1) Each medical practitioner or dentist registered in Kenya may, in the form set out in the First Schedule, nominate one registered medical practitioner or dentist, as the case may be, as a candidate for election to the Board; but nobody shall nominate himself as a candidate.

(2) The nomination paper shall contain in block letters the full names of both the proposer and of the candidate and their signatures, which signatures shall be made in the presence of a registered medical practitioner or dentist, as the case may be, of at least five years practical experience in Kenya as indicated in the form; and the paper shall also be signed by five registered medical practitioners in support of a candidate for election to the Board as a medical practitioner or three registered dentists in support of a candidate for election to the Board as a dentist.

(3) Each nomination paper, when completed in accordance with paragraph (2), may be either delivered in person to the office of, or sent by registered post to, the Returning Officer in time for it to be received by the Returning Officer not later than thirty days before election day.

(4) No nomination paper shall be valid unless the provisions at this rule have been strictly complied with and the candidate has indicated his willingness to stand for election.

(5) A nomination form received by the Returning Officer which does not comply with the provisions of paragraph (2) or which is not received within the time prescribed under paragraph (3) shall be rejected by the Returning Officer but shall be kept and be available for inspection by an interested party for a period of at least six months after the election day to which it relates.

Election where nominations do not exceed vacancies.

(1) If the number of persons correctly nominated for either profession under rule 4 does not exceed the number of vacancies specified in the notice published under rule 3, all the persons nominated for that profession shall be deemed to have been elected and the names shall be published in accordance with the provisions of rule 7 (4).

(2) If the number of the persons nominated for either profession exceeds the vacancies on the Board in respect of that profession, the voting procedure prescribed in rule 6 shall be followed.

Voting procedure.

L.N.

216/1994.

(1) In the event of an election having to be held, the Registrar shall not later than twenty-one days before election day send by registered post to every medical practitioner or dentist, as the case may require, registered in Kenya, a voting paper in the form set out in the Second Schedule which shall contain the names of all candidates who have been duly nominated in accordance with rule 4 together with a suitably addressed envelope for returning the voting paper.

(2) Each medical practitioner or dentist who receives a voting paper may, if he wishes to record his vote, place an X against the names of such candidates (not exceeding the number in respect of his side of the profession specified in the notice published under rule 3) for whom he wishes to vote, and shall sign and date the voting form and write his full name in capital letters in the spaces provided for that purpose; and a voting paper which does not contain those particulars, or which contains more than those particulars, may be treated as a spoilt voting paper and, if so treated, shall not be taken into account for the purposes of the election.

(3) The voter shall then return the voting paper in the special envelope sent to him, which shall be sealed before it is despatched by delivering it personally or by sending it by registered post to the Returning Officer at the address appearing on the envelope.

(4) A voting paper received by the Returning Officer after noon on election day shall not be opened by him until after the election has been completed and the results have been published in accordance with rule 7, but shall be kept and be available for inspection by an interested party for a period of at least six months after the election day to which it relates.

(5) Personal canvassing for a candidate within the medical or dental professions by any reasonable means shall not disqualify a candidate, but canvassing by posters, press or other mass media or advertisements shall lead to a candidate being disqualified.

Counting of votes and elections of candidates.

(1) After 4.30 p.m.

on election day, the Returning Officer shall in the presence of the Registrar, a Deputy Director of Medical Services, one registered medical practitioner and one dentist nominated by the Returning Officer, count the votes given for each candidate, and shall forthwith declare those candidates, not exceeding the number of vacancies to be filled, who receive the highest number of votes to be duly elected to the Board.

(2) Candidates or their authorized representatives may be present at the counting of the votes if they so wish.

(3) Election shall be by a simple majority but in the event of a tie the successful candidate shall be determined by a lot drawn by the Returning Officer in such manner as he shall decide.

(4) The names of the successful candidates shall be published within fourteen days after election day in a notice in the Gazette and in such newspapers circulating in Kenya as the Returning Officer may think fit.

Appeals.

A person aggrieved by a decision of the Returning Officer on an election matter may appeal to the Minister within fourteen days of the publication of the results of the election in the Gazette and on any such appeal the Minister may annul the election or may vary any decision of the Returning Officer in such manner as he may think fit.

FIRST SCHEDULE (r.4) Counterfoil Serial No.

Serial No.

THE MEDICAL PRACTITIONERS AND DENTISTS BOARD NOMINATION PAPER Nomination of a candidate for election to the Board.

Name and address of nominated candidate in full (block letters) and Registration No.

Name and address of proposer in full (block letters) and Registration No.

Signature of proposer.

Signed by the above-named.

(proposer) in my presence this.

day of ., 19.

Full Name (BLOCK LETTERS), Address and Registration No.

(Registered Medical/Dental* Practitioner of not less than five years experience in Kenya) Full Names (BLOCK LETTERS) Address Reg.

No Signatures.

of not less than five supporters (who must be medical practitioners in the case of a candidate who is a medical practitioner); or Full Names (BLOCK LETTERS) Address Reg.

No Signatures.

of not less than three supporters (who must be dentists in the case of a candidate who is a dentist).

I agree to accept this nomination.

Signature of candidate.

Signed by the above-named.

(candidate) in my presence this.

day of ., 19.

Full name (BLOCK LETTERS), Address and Registration No.

(Registered Medical/Dental Practitioner of not less than five.

years experience in Kenya) * Delete where not applicable.

SECOND SCHEDULE (r.

6) Counterfoil Serial No.

Serial No.

THE MEDICAL PRACTITIONERS AND DENTISTS BOARD VOTING PAPERMEDICAL PRACTITIONERS Names of Candidates Here insert X against names of candidates for whom you wish to vote Name and address of voter in block letters and Registration No.

Signature of voter.

Date.

_ Counterfoil Serial No.

Serial No.

THE MEDICAL PRACTITIONERS AND DENTISTS BOARD VOTING PAPERDENTISTS Names of Candidates Here insert X against names of candidates for whom you wish to vote Name and address of voter in block letters and Registration No.

Signature of voter.

Date.

L.N.

19/1978, L.N.

76/1983, L.N.

204/1988, L.N.

349/1995, L.N.

138/1997, L.N.

26/2000, L.N.

80/2005, L.N.

135/2010, L.N.

12/2012, L.N.

75/2012.

THE MEDICAL PRACTITIONERS AND DENTISTS (FORMS AND FEES) RULES.

These Rules may be cited as the Medical Practitioners and Dentists (Forms and Fees) Rules.

The register of medical practitioners and dentists to be maintained by the Registrar in accordance with section 5(3) of the Act shall be in Form I in the First Schedule to these Rules.

Application for registration as a medical or dental practitioner in accordance with section 6(1) of the Act shall be in Form II in the First Schedule to these Rules.

The certificate of registration to be issued by the Registrar in accordance with section 7 of the Act shall be in Form III in the First Schedule to these Rules.

Application for a licence to render medical or dental services in accordance with section 13 of the Act shall be in Form IV in the First Schedule to these Rules.

A licence issued to render medical or dental services in accordance with section 13 of the Act shall be in Form V in the First Schedule to these Rules.

Application for a licence for private medical or dental practice in accordance with section 15(1) of the Act shall be in Form VI in the First Schedule to these Rules.

A licence for private medical or dental practice in accordance with section 15(2) of the Act shall be in Form VII in the First Schedule to these Rules.

The Board may charge additional late application fee of five hundred shillings in respect of application submitted out of time under rules 4(2), 7(2) and 28(2) of the Medical Practitioners and Dentists (Private Practice) Rules;.

Application for recognition of specialist or sub-specialist status shall be in Form VIII in the First Schedule.

The fees set out in the Second Schedule shall be payable in respect of the matters set out therein.

Application for registration of a private medical institution in accordance with rule 4(1) of the Medical Practitioners and Dentists (Private Medical Institutions) Rules shall be in Form IX set out in the First Schedule to these Rules.

The certificate of registration to be issued by the Registrar in accordance with rule 4(3) of the Medical Practitioners and Dentists (Private Medical Institutions) Rules shall be in Form X set out in the First Schedule to these Rules.

Application for a licence to operate an approved private medical institution in accordance with rule 5(1) of the Medical Practitioners and Dentists (Private Medical Institutions) Rules shall be in Form XI set out in the First Schedule to these Rules.

The annual fees assessment form prescribed in rule 5 (3) of the Medical Practitioners and Dentists (Private Medical Institutions) Rules shall be in Form XII set out in the First Schedule to these Rules.

A licence issued to operate an approved private medical institution in accordance with Rule 5(4) of the Medical Practitioners and Dentists (Private Medical Institutions) Rules shall be in Form XIII set out in the First Schedule to these Rules.

The Board shall when inspecting outpatient private medical institutions pursuant to rule 11 of the Medical Practitioners and Dentists (Private Medical Institutions) Rules use the checklist in form XIV set out in the First Schedule.

The Board shall when inspecting inpatient private medical institutions pursuant to rule 11 of the Medical Practitioners and Dentists (Private Medical Institutions) Rules use the checklist in form XV set out in the First Schedule.

Form I (r.

2) REGISTER OF MEDICAL PRACTITIONERS AND DENTISTS No Full Name Address Basic Qualification Date of Registration Additional Qualifications Date and No.

of original Registration Remarks _ Form II (r.

3) THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) APPLICATION FOR REGISTRATION AS A MEDICAL PRACTITIONER OR DENTIST.

Surname (BLOCK LETTERS).

Other Names (BLOCK LETTERS).

Address.

Telephone No.

Place and Date of Birth.

Nationality.

Degree, Diploma or Licence held (give name of medical school and date qualified).

(Legible certified true photocopies should be supplied.).

Particulars of Experience (e.g.

post held, type of practice in which engaged, country in which the applicant has practiced; dates must be clearly stated).

Number and Date of Original Registration in Kenya (when applicable).

Testimonials Covering the Period(s) of Experience.

(Photocopies should be supplied for record purposes.) 1.

What arrangements, if any, have been made regarding your employment?.

A fee of Sh.

200 is payable for registration.

In the case of reinstatement of name to the register under section 8(3)(c) the fee payable is Sh.

100.

Signature of Applicant.

Date.

Form III (r.

4) Registration No.

THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) CERTIFICATE OF REGISTRATION AS A MEDICAL PRACTITIONER OR DENTIST Dr./Mr./Mrs./Miss*.

(full names BLOCK LETTERS) has been registered as a Medical/Dental*Practitioner in accordance with the provisions of section 6 of the Medical Practitioners and Dentists Act.

Dated this.

day ., 19.

Seal of the Board.

Chairman Registrar of Medical Practitioners and Medical Practitioners and Dentists Board Dentists *Delete where not applicable.

_ FORM IV (r.

5) THE MEDICAL PRACTITIONERS AND DENTISTS ACT (CAP.

253) APPLICATION FOR A LICENCE TO RENDER MEDICAL OR DENTAL SERVICES 1.

Surname (BLOCK LETTERS) .2.

Other Names (BLOCK LETTERS) .3.

Address .4.

Place and Date of Birth .5.

Nationality.

Degree, Diploma or Licence held (give name of medical school and date qualified).

(Legible certified true photocopies should be supplied.).

Particulars of Experience (e.g.

posts held, type of practice in which the applicant has been engaged, countries in which the applicant has practiced).

Testimonials Covering the Period(s) of Experience.

(Photocopies should be supplied for record purposes.).

Have any arrangements been made regarding employment? (If so, give details).

A fee of Sh.

100 is payable for a licence, except for interns under section 11 of the Act.

Signature of the Applicant.

Date.

FORM V (r.

6) Licence No.

THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) LICENCE TO RENDER MEDICAL OR DENTAL SERVICES Dr./Mr./Mrs./Miss*.

(full names in BLOCK LETTERS) is hereby licenced by the Medical Practitioners and Dentists Board to render medical /dental* services at.

(name of approved institution) in accordance with the provisions of section 13 of the Act.

Dated this.

day of ., 19.

Director of Medical Services CONDITIONS OF LICENCE.

This licence is valid for a period of.

from the date hereof.

The licensee is authorized to render medical or dental services, as the case may be, only at the institution mentioned in this licence.

*Delete where not applicable FORM VI (r.

7) THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) APPLICATION FOR LICENCE FOR PRIVATE MEDICAL/DENTAL PRACTICE.

Surname (BLOCK LETTERS).

Other Names (BLOCK LETTERS).

Address.

Place and Date of Birth.

Nationality.

Registration No.

and Date.

Particulars of Experience (e.g.

posts held and types of practice in which the applicant has been engaged and countries in which the applicant has practiced) Medicine.

Surgery.

Paediatrics.

Obstetrics and Gynaecology.

Others.

Do you propose to practice on your own behalf or to be employed whole-time or part-time by a Private Practitioner (give details).

What type of practice do you propose to engage in? Specialist/General Practice.

If Specialist please specify the discipline.

Place of Practice (district, city, or town, market, plot number, give details).

Is this a New Application or a Renewal?.

A fee of Sh.

500 is payable annually for Specialist Practice.

A fee of Sh.

400 is payable annually for General Practice.

Signature of Applicant.

Date.

FORM VII (r.

8) Licence No.

THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) LICENCE FOR PRIVATE MEDICAL OR DENTAL PRACTICE.

Dr./Mr./Mrs./Miss*.

(full names in BLOCK LETTERS) of.

(full address) is hereby licensed in accordance with the provisions of section15 of the Act to engage in private practice on his/her* own behalf as a private medical/dental* practitioner or to be employed whole-time/part-time*, by a private practitioner, Dr./Mr./Mrs./Miss*.

(name and address of the employer private practitioner.).

This licence entitles the holder to engage in General Practice/Specialist Practice*.

in.

(specify discipline).

Authorised premises to be used for the purposes of private practice.

(detailed particulars and location of authorized premises).

This licence shall expire on the last day of ., 19.

No change of premises is permitted without the authority of the Board.

Dated this.

day of ., 19.

Registrar of Medical Practitioner and Dentists *Delete where not applicable FORM VIII THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) APPLICATION FOR RECOGNITION OF SPECIALIST/SUB-SPECIALITY STATUS.

Surname (BLOCK LETTERS).

Other names.

Registration No.

Address.

Place and date of birth.

Nationality.

Places of practice.

Degree or diploma (give name of Medical School and date qualified).

Speciality or sub-speciality in which specialist / sub-specialist status sought (state clearly).

(a) Postgraduate qualifications (indicate the discipline, name of institution, country and date qualified).

(b) Duration of the course(s).

Number of years of experience after obtaining postgraduate qualifications (indicate the number of years or months, name of institution (s) attended and name of supervisor, whose letter must accompany this application ) 2.

List of publications (if any) 3.

Number of years experience in sub-specially ( indicate clearly number of years or months, name of institution(s) attended and name of supervisor, whose letter must accompany this application) 4.

I solemnly and sincerely declare that the information given in true.

Dated the.

19.

Signature of applicant FORM IX (r.

4 (1)) Serial No.

THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) APPLICATION FOR REGISTRATION OF A PRIVATE MEDICAL INSTITUTION PART 1 (To be completed by the applicant in triplicate).

Name and Address of the Proposed Institution (Block Letters).

Type (State whether Hospital, Nursing Home, Maternity Home, Health Centre, Dispensary, Laboratory, etc.

Location of the Institution: (a) Town/Centre/Market*.

(b) Location.

(d) Province.

* Delete where inapplicable.

PART II (To be completed by the applicant in triplicate).

Full name and address of the applicant (Block Letters).

State if Applicant is a Director and/or Administrator of the Institution.

Nationality of the Applicant.

Place and Date of Birth.

Kenya National Identity Card No.

(Attach photocopy).

Passport No.

(if applicable).

Work Permit No.

(if applicable).

(Attach documentary evidencecopies only.) PART III (To be completed by the applicant in triplicate) Give full names of Directors of the Institution including the following: Nationalities, Passport Numbers, Work Permit Numbers, Kenya National Identity Card Numbers, etc.

(Attach copies of documentary evidence) (a).

(b).

(c).

(Use extra space if necessary) PART IV (To be completed by the applicant in triplicate).

Give full names of Medical or Dental practitioner who shall be in-charge of patient health care at the proposed institution.

(a) Give full details of professional qualifications of the person named in paragraph (1) above.

Include year and place where obtained.

(b) State work experience of the person named in paragraph (1) above and name institutions where obtained and date.

(Use extra space if necessary).

(a) Give full names and professional qualifications of any other person(s), identified by your institution, to undertake patient health care at the institution (e.g.

Clinical Officers, Nurses, Laboratory Technicians, X-ray staff, Doctors, Technicians, Pharmaceutical Technologies, etc.) (b) Attach copies of documentary evidence in each case.

(Use extra space if necessary).

(i).

(ii).

(iii).

(iv).

(v).

(vi).

PART V (To be completed by the Medical Officer of Health in triplicate) INSPECTION REPORT FOR PRIVATE MEDICAL INSTITUTIONFOR REGISTRATION PURPOSES.

Name of Institution.

Physical location (a) Plot No.

/L.R.

No.

(b) Market/Centre/Town*.

(d) Division .(e) District.

(f) Province.

Premises General Information: (a) Plot area (in hectares).

(b) Water supply.

adequate/inadequate* (c) Refuse Disposal: (i) Incenerator available/Not available*.

(ii) Other modes of refuse disposal.

(Specify).

(d) Environmental suitability.

recommended/not recommended.* State reasons for not recommending.

Plan of the Institution: (a) Approved/Not approved* by the local District Development Committee.

(Attach copy of the plan) and documentary evidence (copies) of approval of the institution by the D.D.C.

Out-patient Services: (See attached requirements for General Practice).

(a) Waiting Bay/Reception Area/Room:* (i) Seating capacity.

(ii) Area (in square metres).

(iii) Construction.

covered /not covered*.

(b) Examination Rooms: (i) Number of rooms.

(ii) State if equipment inspected meets the minimum requirements.

(Attach separate signed list of equipment inspected if necessary.

(ii) State if equipment meets the minimum requirements.

(Attach separate signed list of equipment inspected).

In-patient services: (a) Female Ward: (i) Size of ward (in square metres).

(ii) Number of beds.

(iii) Number of toilets.

(iv) Number of bathrooms.

(v) Number of sluice rooms.

(b) Male Ward: (i) Size of ward (in square metres).

(ii) Number of beds.

(iii) Number of toilets.

(iv) Number of bathrooms.

(v) Number of sluice rooms.

(ii) Number of beds.

(iii) Number of toilets.

(iv) Number of bathrooms.

(v) Number of sluice rooms.

(vi) Placenta pit depth (in square metres).

(d) Paediatric Ward: (i) Size of ward (in square metres).

(ii) Number of beds.

(iii) Number of bathrooms.

(iv) Number of sluice rooms.

Clinic Support Services: (a) Pharmacy: (i) Area of waiting room (in square metres).

(ii) Number of dispensing windows.

(iii) Number of anti-biotic (safe cupboards).

(iv) Number of drug stores.

(b) Laboratory: (See attached minimum requirements).

(i) Reception area (in square metres).

(ii) Seating capacity.

(iii) Size of work room (in square metres).

(iv) Equipment (Attach a separate signed list of equipment and reagents/chemicals inspected).

(ii) Seating capacity.

(iii) Number of screening rooms.

(iv) Standard of radiation protection.

Adequate/Not Adequate* (v) Equipment (Attach separate signed list of equipment inspected.

(d) Operating Theatre: (i) Minor theatre equipment (Attach a separate signed list of equipment inspected) (ii) Major theatre (indicate by a tick or cross in the box next to the item to show whether available or not available).

Induction room Operating room Recovery room Lighting.Adequate/Not Adequate*.

Equipment.

(Attach a separate signed list of equipment inspected).

Other Supporting Services: (a) Kitchen: (i) Cooking facility (specify).

(ii) Non-perishable store.

Available/Not Available*.

(iii) Perishable store Available/Not Available*.

(b) Laundry type(specify).

(ii) Refrigerated/Not Refrigerated*.

(iii) Approximately located/Not approximately located*.

If not approximately located state why.

(iv) Body capacity.

(v) Adequate Privacy/Not Adequate Privacy*.

(vi) Number of ambulances.

(vii) Other facility (specify and use extra space if necessary) PART VI (To be completed by the Medical Officer of Health in triplicate).

Give full names and designations of members of the D.H.M.T.

who participated in the inspection of the institution.

Name Designation (i).

(ii).

(iii).

(iv).

(v).

(vi).

(vii).

(viii).

(ix).

(x).

Certificate by M.O.H.

I, Dr.

(State full names in Block Letters) being the Medical Officer of Health in-charge.

District, do hereby certify that the inspection of.

was conducted by the District Health Management Team of.

on the.

day of ., 20.

under my personal supervision.

I further certify that the inspection was witnessed by Dr./Mr./Mrs./Miss.

being the Owner/Director/Applicant* and that.

the said institution does/does not* meet the minimum requirements for Registration/Licensing purposes.

Dated this.

day of., 20.

Signature.

(Medical Officer of Health) Name of Station.

Address.

Telephone Number .,, PART VII (To be completed by the Applicant/Director/Owner of the institution in triplicate) I, Dr./Mr./Mrs./Miss*.

(Full Names in Block Letters) hereby certify that all information given by me in this application form is true and correct and that I personally witnessed the inspection which was conducted by Medical Officer of Health on the.

day of ., 20.

Signature.

Names in Full.

Applicant to Note: This application form must returned to the Medical Practitioners and Dentist Board within a period not exceeding three months from the date of issue.

Applications which are not returned within the stipulated period shall be time barred.

PART VIII (For the purposes of vetting applications and enforcement of Laws, Regulations and Decisions of the I.R.C.

and the Board) (a) Name of institution acceptable to the I.R.C.

(b) Type of institution.

(c) Give Names, Types, Locations and Registration Numbers of other institution operated by the Applicant/Director or affiliated to the institution named in this application.

(i).

(ii).

(iii).

(iv).

(v).

(Use extra space if necessary).

(d) Give full particulars of criminal court proceedings for violations of any of the following Ministry of Health laws by any of the Institutions named in paragraph (c): Caps.

253, 260, 244, 245, 254, and 242 (quote court case references in each case for the past three years proceedings the date of this applications).

(Use extra space if necessary) (e) Give names of institutions, their location and registrations numbers from among those named in paragraph (c) which have defaulted in licence fees payments during the past three years.

State each year of default and penalty imposed and whether or not penalty has been paid and fees recovered:.

(f) Give names of any of the institution named in paragraph (c) which the Board has authorized closure during the past three years (quote minutes references of the I.R.C.and state the institutions Registration Numbers and place the location).

(Use extra space if necessary) (g) F.R.L.Serial No.

and date of this application.

(h) Licence Fee Category (Quote I.R.C.

minutes reference).

(i) F.R.L.

Receipt No.

and Date.

(j) Date application returned to applicant.

(k) Date application re-submitted by applicant.

(l) Registration fees Receipt No.

and Date.

CERTIFICATE BY AN OFFICER AUTHORIZED FOR THE PURPOSES OF PART VII OF THIS APPLICATION (This certificate must be countersigned by the Registrar) I, certify that the institution for which this application is made and its Owner/Director/Applicant or its Administrator has/has not* been subject of criminal court proceedings in violation of any of the laws named in Part VIII (d) in this application and that all information given under Part VIII of this application is correct and true.

Dated this.

day of ., 20.

Authorized Officer Registrar, M.P.and D.B./D.M.S.

PART IX FOR OFFICIAL USE ONLY.

Institution Registration Committee Recommendation.

Dated this.

day of ., 20.

Chairman, Chairman, Committee Medical Practitioners and Dentist Board.

INSTRUCTIONS TO THE REGISTRAR BY THE BOARD.

Dated this.

day of., 20.

Chairman,Medical Practitioners and Dentists Board.

(r.

4 (3)) Serial No.

FORM X THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) CERTIFICATE OF REGISTRATION AS A PRIVATE MEDICAL INSTITUTION.

Name of institution.

P.O.

Box.

Type.

.has been registered as a private medical institution in accordance with rule 4 (3) of the Medical Practitioners and Dentist (Private Medical Institutions) Rules.

Date.

SEAL OF THE BOARD.

CHAIRMAN M.P.

& D.BOARD REGISTRAR M.P.

& D.

BOARD/D.M.S (a) It shall be the duty of the holder of this certificate to inform the Registrar within fourteen (14) days of any change in the registered address in accordance with section 5 of the Medical Practitioners and Dentist (Private Medical Institution) Rules.

(r.

5 (1)) Serial No.

FORM XI THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) APPLICATION FOR LICENCE OR RENEWAL OF LICENCE TO OPERATE A PRIVATE MEDICAL INSTITUTION PART A (to be completed by the applicant in triplicate).

Full Name and Address of Institution.

Registration Number and Date of Registration.

Previous Licence Number and Year Issued.

Type of Institution.

Previous Licensing Category and Number of Annual Fees Assessment Form.

Physical Location of Institution.

Specify whether this is a New Application or a Renewal.

N.H.I.F.

Category.

Signature of Applicant .Date.

Serial No.

(r.

5 (3)) FORM XII THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) ANNUAL FEES ASSESSMENT FORM PART A (to be completed in triplicate).

Name of Institution.

Registration Number and Date.

Physical Location.

Name and Address of Applicant for Licence.

Fees Category for Year.

(I) (II) (III) (IV) (V) (tick relevant box) 6.

Fees Rates Applicable to Institution.

Licence fees (amount in words).

PART B (To be completed by M.O.H.

in triplicate) CERTIFICATE BY MEDICAL OFFICER OF HEALTH I, Dr.

(Full Names in Block Letters).

Being the Medical Officer of Health in-Charge.

District of.

Province do hereby certify that the institution named in this application form was last inspected on.

day of ., 20 and in my opinion the current condition of its premises requires/does not* require fresh inspection.

(*delete where inapplicable) Dated this.

day of., 20 OFFICIAL SEAL .MEDICAL OFFICER OF HEALTH STATION.

ADDRESS.

TELEPHONE.

(a) Plot No (b) Town/Market* (c) Street/Road* (d) Location (e) Division (f) District.

(g) Province.

Date of last inspection of the Institution by the Ministry of Health.

PART C (To be completed by the applicant in triplicate) CERTIFICATE BY THE APPLICANT I, Dr.

/Mr./ Mrs.

/Miss.

(Full Names in Block Letters).

of P.O.

Box.

being the Administrator/Owner/Director* (Specify other).

of (give full names of the institution).

do hereby certify that the information given by me in this application is true and correct.

Dated this.

day of ., 20.

(*delete where inapplicable).

APPLICANT PART D (FOR OFFICIAL USE ONLY) (a) Acceptable name of institution and type.

(b) FRL Serial Number and Date.

(d) Licence Fees Assessment Number and Date.

(e) Category of Licensing.

(f) Registration Fees Receipt Number and Date.

(g) Date of application sent to IRC/Board.

(h) Remarks.

I certify that I have personally checked the information above and found it correct and that all procedures and documentations pertaining to this application have been compiled with.

Dated this.

day of ., 20 REGISTRAR M.P.&D.B./DIRECTOR OF MEDICAL SERVICES Serial No.

(r.

5 (4)) FORM XIII THE MEDICAL PRACTITIONERS AND DENTISTS ACT(Cap.

253) LICENCE No.

LICENCE TO OPERATE A PRIVATE MEDICAL INSTITUTION.

Name of Institution (Full Names in Block Letters) of P.O Box .(full address) is hereby licensed to operate a Private Medical Institution in accordance with the provisions of rule 5(4) of the Medical Practitioners and Dentist (Private Medical Institutions) Rules.

This licence entitles the Private Medical Institution to operate as.

Authorized Premises for the Institution.

Maximum Number of Patients.

This Licence shall expire on the last day of ., 20.

No change of premises is permitted without the authority of the Board.

Dated on this.

day of ., 20.

Registrar MEDICAL PRACTITIONERS AND DENTISTS BOARD/DIRECTOR OF MEDICAL SERVICES.

CONDITIONS OF LICENCE This licence issued on condition that minimum requirements set by the Board for operation of Private Medical Institutions are adhered to at all times.

Form XIV CHECK LIST FOR SINGULAR/JOINT INSPECTIONS FOR PRIVATE OUT PATIENT MEDICAL INSTITUTIONS BY HEALTH REGULATORY BODIES IN THE MINISTRIES RESPONSIBLE FOR HEALTH MEDICAL/DENTAL CLINIC/LABORATORY/PHARMACY/RADIOLOGY/X-RAY UNIT/MORTUARY Date: Basic information.

Name facility.

Address Physical Building County Ward /Town/ Street LR No.

Tel No./Mobile Email Postal Code.

(a) Proprietor Name: Profession: Pin No: (b) Registered owner Name Licence Certificate No.

Date of issue Expiry date.

Officer in charge Qualification Registration No.

Practice licence number.

Name of Medical Personnel Cadre Licence Number Date of issue Expiry date.

Services offered.

Security of premises (external security & security features) (permanent perimeter fence/fire assembly points/security guard).

General cleaniliness of premises Total 0 Medical/Dental Clinic Max score Awarded Comments Consultation - Examination rooms.

Examination Equipment.

Resuscitation tray.

Infection prevention & control.

Policy, guidelines & SOPs.

Medical records.

Data Security.

HMIS/EMR.

Reports.

Ventilation 0.

Licences 0 Total 0B.

Pharmacy/ Chemist Max score Awarded.

Security for medications (e.g.

Secure cupboards for restricted drugs, only accessible by authorized persons & disposal of expired drugs) 0.

Storage of drugs/display/labelling/ packaging conditions.

Record-keeping and documentation (Prescriptions written & received and filed/medication errors documented and reported) 0.

Reference materials, Policy and SOPs as per national guidelines.

Licences 0 Total 0C.

Laboratory Max score Awarded Comments.

Class of the licence (A-E).

Policies, guidelines and SOPs (Including reporting procedures, handling / labelling / storage / disposal of specimens and safety program).

Equipment management program (manuals, inventory, service contract, calibration).

Record-keeping & Quality control of tests (EQA, IQA,control of analytical errors) 0.

Infection prevention and control.

Registration, storage of equipment and reagents (is there a temperature recording system).

Licences 0 Total 0D.

Radiology / Imaging services Max score Awarded Comments.

Curent annual premise & device licence.

Policies and SOPS (Code of practice including reporting, testing, calibrating, monitoring and control).

Quality assurance program (safety of the patient, worker, environment, security, film storage, quality and documentation) 0.

Personal radiation monitoring (Badges, dose reports) 0.

Radioactive waste management programs Total 0E.

Nutrition.

Basic Nutrition equipment and materials (weighing Stadiometer, MUAC, BP machine Blood sugar machine ,referrence charts) 0.

SOPs (Nutrition assessment, Nutrition suppliments).

Nutrition care process, nutrition assessment, Diagnosis, intervention, M&E).

Record keeping and documentation 0.

Licences 0 Total 00.

Findings and Recommendations 1.

REGISTERED OWNER/ OFFICER IN - CHARGE Name:.Designation:.

Email.

Tel No.:.Date.Sig.:.

INSPECTION TEAM Name:Board/Council/ MOHDesignationSignDate 1.

FORM XV CHECK LIST FOR SINGULAR/JOINT INSPECTIONS FOR PRIVATE INPATIENT MEDICAL INSTITUTIONS BY HEALTH REGULATORY BODIES IN THE MINISTRIES RESPONSIBLE FOR HEALTH Basic information.

Name facility N/A.

Category of Facility Level N/A(to be graded at the time of registration.

Proprietor/owner N/A (a) Organization Private( ), Faith based(), GOK ( ), Community based ( ).

N/A (b) Proprietors name N/A Current Licence No.

(III) Expiry date of the current licence Not matching matching.

Name of Officer in charge.

Current practicing licence No.

N/AN/AN/A.

Address Physical County N/A Building, Plot No.

Town, Street Tel No.

Email N/A Postal Box No.

Code: N/A.

Medical Personnel N/A (to be graded at the time of registration.

Name of Medical Personnel Cadre Licence Number Date of issue Expiry date Total number of staff.

Services offered Outpatient Services Y/N MCH( ) & HCT( ) N/A Inpatient Services YES / NO (tick/ circle ) Number of beds Number of cots N/A.

Health Facility Infrastructure Score A.

Building Yes No N/A.

Building suitable for scope of work.

Signage for directions is in place and clear B.

Environmental - Infection Prevention Yes No N/A Comments.

Adequate waste management & disposal (according to guidelines ).

Personal protective equipment available (Gloves, gowns or dust coats, and safety boots for infection prevention) C.

Utilities Yes No N/A Comments.

Safe, clean running water available Tap or container).

Sufficient water storage available.

Stable electrical power supply Key: Ranking of scores Level 0: the desired activity is absent, or there is mostly ad hoc activity related to risk reduction Level 1: the structure of more uniform risk-reduction activity begins to emerge Level 2: the processes are in place for consistent and effective risk-reduction activities Level 3: there are data to confirm successful risk-reduction strategies and continue improvement.

Management& Recording Scoring key A.

General management Comments.

Strategic plan with Vision/Mission/values/ Objectives identified Not available.

Available but not in use .In use, not known to all.

In use, not displayed.

Displayed, known and fully used.

Organization chart available.

Approved by management.

Approved by board.

Approved by an accredited body.

Service charter displayed.

Not Displayed.

Displayed.

Regular performance review 4.

List of all staff working, including position and qualifications.

No list.

List available.

List with qualifications available.

List with qualifications and Job description.

Staff development plan available B.

Quality Management Comments.

Certifications/ accreditations No scoring (Yes or No).

Performance indicators monitored.

Performance indicators(PI) not collected.

PIs collected routinely.

PIs analyzed.

Theres feedback.

External publications.

Patients charter.

Not available.

Available.

Displayed.

Feedback mechanism in place.

No policy.

Policy available.

Collection Mechanism available.

Regular analysis of complaints & compliments.

Evidence of action C.

Medical Records & Information Systems Comments.

Medical records for each patient (files manual/ electronic).

No medical records.

Separate medical record for each patient.

All patients are triaged.

Comprehensive medical notes.

Notes are legible and signed.

Approved register is kept of all patients (An outpatient and inpatient register).

No registers.

Old registers.

Current registers available .Registerscorrectly used.

Records are kept in a secure place.

No restricted access to files.

Theres restricted access to files.

Files kept in lockable cabinets and only authorised persons can access.

Contributes to external databases and reports periodically (Linkage to national HMIS).

No routine reports.

Routine reports available but not reported.

Routine reports submitted irregularly.

Routine reports submitted regularly D.

Equipment Management Comments.

Preventive maintenance plan for equipment.

No preventive plan.

Service contract available.

Equipment checked on schedule and results documented.

Due date for next maintenance documented.

Calibration.

Machines not calibrated.

No contract for calibration.

Calibration not regular but contract available.

Calibration regular with results available 0.

Patient Services Scoring system Comments A.

Consultation.

Consultation Examination rooms Examination coach The above with screen The above with steps The above with mackintosh All the above with bed sheet.

Sink /wash basin Sink available The above with Sink without running water The above with Sink with running water from the tap The above with Sink with all of the above with soap All the above with Sink with running water and drier.

Examination Equipment thermometer stethoscope BP machine weighing machine Diagnostic kit B.

Emergency/Resuscitation room.

Triage triage area Nurse not trained in triage Nurse trained in triage SoPs of triage available Proper coding of client.

Emergency tray Incomplete emergency tray Presence of emergency tray with all requirements The racks clearly labelled All the above at designated sites All the above and up to date list of all requirements.

Equipment Ambu bag/masks Suction machine Oxygen cylinder and flowmeter Endotracheal tubes All the above with an ideal adjustable bed C.

Sterilization Process.

Central Supply Unit Separation areas for cleaning Decontamination Sterilization Process SoPs available Storage of sterile supplies All the above labelled and stored in designated area.

Autoclave Machine Autoclave manual available Autoclave electric available SoPs available Maintenance plan Digitalized autoclave D.

Labour Ward.

Procedures for obstetric emergencies Procedure for obstructed labour and foetal distress Procedure for Eclampsia Procedure for APH/PPH/HELLP Availability of resuscitaire Resuscitaire with oxygen, the suction machine, ambu bags.

Equipments Delivery bed available Sterile delivery set Vacuum extractor Suction machine Maintenance plan.

Monitoring of Labour Partograph chart available Contraction properly charted Cervical dilatation Colour coding TPR/BP.

Access to theatre Ambulance available General theatre available (not close to L/W) General theatre available ( close to L/W) More than one theatre L/W fully equipped theatre.

Incubator Presence of incubator Functional incubator Proper temperature regulation Oxygen connection Maintenance plan.

Hand washing facility Sink Sink without running water Sink with running water from the tap Sink with all of the above with soap Sink with running water and drier.

Sluice room Presence of sluice room Sluicing sink Availability of running water Decontamination backets available SoPs.

Waste management Available Waste bins coded bins with improper lining bins with proper coded lining Good segregation practice All of the above with SoPs.

State of floor Cement floor Cement floor with drainage Ceramic tile floor with drainage Tarazo with good drainage A cleaning chart 0.

Nursing Personnel nurses available midwives available midwives available but not the right ratio 1:3 Midwives available ratio of 1:2 Midwives available ratio 1:11.

Oxygen source Oxygen cylinders available External oxygen piped to L/W Oxygen plant SOPS.

Maintenance plan E.

Clinical Wards.

Oversight of patients Admission procedures Categorization Patients uniform Clinical ward round Handing over / discharge reports.

Patient records Availability Non -Coded filing system Coded filing system Designated and secure storage area E-filing.

Monitoring equipment.

Thermometer.

Stethoscope.

BP machine.

Weighing machine.

Diagnostic kit.

Resuscitation tray Presence of an emergency tray Presence of emergency tray with the necessary contents The racks clearly labelled All the above at designated sites All the above plus list of updating the contents Pharmacy SCORE COMMENTS 123451.General conditions of premisesAdequate general condition of premises (Hygiene, sanitation, ventilation , state of repair, running water, light, adequate space, display of drugs)2.MedicationsConditions of medications adequate (e.g.

security, display, labelling, expiry dates)3.Record Keeping/ DocumentationPrescriptions received and recorded G.

Medical /Dental Laboratory .LicensingLicensed for services per class (C,D, E)2.SOPsStandard Operating Procedures & guidelines available (according to Class: Including reporting procedures, handling / labelling / storage / disposal of specimens and safety program)3.Quality assuranceQuality control practiced (Equipment / reagent registered, validated, calibrated and quality control of tests, well maintained equipment, storage)4.Infection prevention and controlInfection prevention and control practices observed (waste management and sharps disposal, Personal protective equipment) H.

Radiology and Imaging Services Scoring Comments 123451.LicensesPremises & devices 2.Safety and storageSafety of personnel, environment and patient adequate, quality assurance and equipment management (personal safety and control area safety, waste management) 3DocumentationFacility Code of Practice present (including reporting, testing, calibrating, monitoring and control, standard operating procedures) I.

Food Nutrition and Dietetics Scoring Comments 123451Nutrition assessment and care plan in place for the patients 2Availability of supplementary, therapeutic, & parental feeds3Procurement, delivery, inspection & menu and service of food according to laid protocols/procedures4Food & personnel hygiene and waste disposal Registered Nutritionist & Medically examined kitchen staff.

Mortuary/ funeral parlour Scoring Comments 123451.SOP for receiving, identification, storage and release of bodies including solid disposal2.Protective gear & equipment3.Overall environment K.

Occupational Therapy Scoring Comments 123451.Trained personnel2.Basic equipment3.room L.

Physiotherapy Scoring Comments 123451.Trained personnel2.Basic equipment3.Workshop4.SOP5.Records M.

Orthopaedic technology Scoring Comments 123451.Trained personnel2.Room3.Specialized equipment/materials4.SOPs5.Records N.

Orthopaedic plaster and trauma Scoring Comments 123451.Trained personnel2.Room3.Specialized equipment/materials4.SOPs5.records O.

Medical and Dental Services Scoring Comments 123451.Trained personnel2.Basic Equipments3.SOPs4.Rooms11.

Findings and Recommendations 2.

REGISTERED OWNER/ OFFICER IN-CHARGE Name:.

Designation:.

Email.

Tel No: .Date.Sign:.

INSPECTION TEAM Name: Board/Council/MOH Designation Sign Date.

L.N.

204/1988, L.N.

26/2000, L.N.

80/2005, L.N.

135/2010, L.N.

12/2012.

SECOND SCHEDULE Item Fees (Shs.).

Indexing of a medical/dental student ,000.

MEDICAL/DENTAL PRACTITIONERS (a) Permanent Registration of a Medical/Dental practitioner ,000 (b) Retention of the name of a Medical/Dental practitioner in the Register ,000 (c) Renewal of Private Practice Licence by Citizens of Kenya (i) Full-time-general practice 0,000 (ii) Full-time-Specialist practice 5,000 (iii) Part-time-Specialist practice 0,000 (d) Renewal of Private Practice Licence by non-Citizen (i) Full-time-general practice 0,000 (ii) Full-time-Specialist practice 0,000 (iii) Part-time-Specialist practice 0,000 (e) Temporary licence for foreign doctor 0,000 (f) Specialist recognition 0,000 (g) Exam fees (i) Application ,000 (ii) Internship qualifying exam 0,000 (iii) Assessment for Registration exam 0,000 (iv) Peer review 5,000 (h) Processing additional qualifications 0,000 Certificate of status 0,000.

INSTITUTION FEES (a) Registration of a new institution (i) Medical/Dental/Eye Clinic ,000 (ii) Dispensary ,000 (iii) Health Centre ,000 (iv) Medical/Dental Centre ,000 (v) Nursing Home 1,000 (vi) Maternity Home 1,000 (vii) Funeral Home 1,000 (viii) Mission Hospital Level 3 ,000 (ix) Mission Hospital Level 41,000 (x) Eye Hospital 1,000 (xi) Hospital Level 41,000 (xii) Hospital Level 51,000 (xiii) Hospital Level 61,000 (b) Renew of institution licence (i) Medical/Dental/Eye Clinic 5,000 (ii) Dispensary ,000 (iii) Health Centre 5,000 (iv) Medical/Dental Centre 5,000 (v) Nursing Home 0,000 (vi) Maternity Home 5,000 (vii) Funeral Home 0,000 (viii) Mission Hospital Level 35,000 (ix) Mission Hospital Level 45,000 (x) Eye Hospital 0,000 (xi) Hospital Level 40,000 (xii) Hospital Level 5 00,000 (xiii) Hospital Level 6 00,000.

INSPECTION FEES (a) Inspection of new facility ,000 (b) Inspection of Medical/Dental School 00,000.

CONTINUOUS PROFESSIONAL DEVELOPMENT (CPD) FEES (a) Application for new CPD provider 5,000 (b) Annual CPD accreditation 0,000 (c) Curriculum review 00,000.

TRIBUNAL/PRELIMINARY INQUIRY COMMITTEE (PIC) /PROFESSIONAL CONDUCT COMMITTEE CHARGES (a) Lodging PIC complaint against a medical practitioner or dentist ,000 (b) Tribunal proceedings (per page) 00 (c) Court attendance by officials of the Board 0,000- 100,000.

SALE OF BOOKS AND GUIDE LINES (a) Code of Professional Conduct and Discipline ,500 (b) Doctor /Institutions register (each) 0,000 (c) Doctors Fees Guidelines ,000.

Search fees ,000.

Medical Certification Fees ,000 L.N.

156/1979, L.N.

131/2005.

THE MEDICAL PRACTITIONERS AND DENTISTS (REGISTRATION, LICENSING, ASSESSMENT AND INTERNSHIP) RULES PART IPRELIMINARY Citation.

.These Rules may be cited as the Medical Practitioners and Dentists (Registration, Licensing, Assessment and Internship) Rules.

Interpretation.

In these Rules, unless the context otherwise requires assessment means the determination of the suitability of a person for registration or licensing under the Act including by means of oral or written examination or both, and the determination of a period, if any, which the Board considers necessary for a person to undergo remedial training; chairman means the chairman of the Board; co-ordinator means the person for the time being appointed as co-ordinator of assessment examinations under rule 9; intern means a person holding a medical or dental degree or diploma recognized by the Board, or a person who has passed the internship qualifying examination, and who is undergoing a prescribed period of internship in a recognized institution; internship means training employment; internship qualifying examination means a written or oral examination or both which determines the suitability of foreign trained graduates who do not hold degrees or diplomas recognized by the Board to undergo internship; licensed means licensed under section 13 of the Act to render medical or dental services; recognized institution means an institution declared to be a recognized institution for intership and gazetted in accordance with regulation 29 (3); registered means registered as a medical practitioner or dentist under section 6 of the Act; remedial training means a period of extra training in a defined discipline or disciplines determined from time to time by the Board; supervisor means a medical or dental practitioner of consultant status appointed by the Board to supervise the performance of an intern in any one of the approved disciplines during the period of internship.

PART IIREGISTRATION AND LICENCING Application.

Supra.

(1) An application for registration or licensing shall be submitted to the Registrar in the form, and together with the fee, prescribed in the Medical Practitioners and Dentists (Forms and Fees) Rules and shall be accompanied by (a) legible photocopies of the applicants diplomas, degrees, licences or other qualifications, and testimonials, all of which shall be attested against the originals by an official of the Board; and (b) a curriculum vitae.

(2) An application by a person registered in a foreign country shall, in addition to the documents specified in paragraph (1), be accompanied by a certificate of good standing and registration or similar certificate containing evidence of registration from the appropriate foreign authority.

Exemption from registration fee.

A medical or dental practitioner who was previously registered in Kenya and who on the 1st January, 1978 had attained the age of sixty-five and retired shall be exempted from paying any registration fee.

Licence to undergo internship.

The Registrar shall issue free of charge a licence to enable an applicant who has satisfied the provisions of Parts IV and V to undergo an internship.

Issue of licence to render medical or dental services.

The Registrar, in consultation with the chairman, shall, on behalf of the Board, issue, on payment of the prescribed fee, a licence to an applicant who is not otherwise eligible to be registered and who is considered to be of good character and a fit and proper person to be licensed, or who does not wish to be registered even though he is qualified to be registered, to render medical or dental services in a salaried post as provided by sections 13 and 14 of the Act.

Board to approve application.

The Board shall approve all applications for registration or licensing before certificates of registration or licences are issued.

PART IIIASSESSMENT Assessment examination.

No person to whom section 11 (2) of the Act applies shall be registered unless he has passed or has been exempted from an assessment examination.

Assessment committee.

(l) There is hereby established a committee known as the assessment committee which shall consist of a co-ordinator of assessment examinations who shall be the deputy chairman of the Board and such other members as may be appointed by the Board from time to time.

(2) The committee shall consist of two panels, one of which shall consist of four medical practitioners and the other of two dentists.

(3) Where the co-ordinator sits on any panel he shall be the chairman of that panel but in any other case he shall appoint a chairman.

(4) The committee shall sit at least once in three months.

Committee may co-opt.

The committee may co-opt not more than two medical practitioners and two dentists, one of whom may be of consultant status, who are not members of the Board, to serve on the relevant panel from time to time.

Written report.

The co-ordinator shall as soon as possible after completion of an assessment examination submit to the Board a written report signed by the members of the panel giving in the case of each candidate (a) the name and address; (b) the marks attained in oral and written examination and the result; (c) any recommendations as to whether the candidate should be referred for further internship or remedial training and for how long; (d) any other general recommendations, observations or remarks.

Candidate to be informed where committee recommends no registration.

Where a report is submitted under rule 11 recommending that a candidate should not be registered, the Board shall, unless it proposes to authorize registration notwithstanding the report, inform the candidate concerned of the substance of the committees report and recommendations.

Appeal.

(1) A candidate may, within fourteen days of his being informed of the committees recommendation that he should not be registered, appeal to the full Board against the report and recommendation.

(2) A decision by the Board on appeal under this rule shall be final.

Fee.

A candidate for an assessment examination shall pay to the Board a fee of one hundred shillings.

PART IVINTERNSHIP QUALIFYING EXAMINATION AND REMEDIAL TRAINING Internship qualify examination.

Any person who has qualified outside Kenya shall be required to engage in internship and, unless exempted under rule 20, shall be required to pass an internship qualifying examination (in this part referred to as the examination), which, may be written or oral or both, recognized and approved by the Board and which is of equivalent standard to the qualifying examinations in medicine or dentistry of the University of Nairobi.

When held.

The examination shall be conducted by the assessment committee and shall be held as and when necessary.

Remedial training.

(1) A candidate who fails the examination shall be required to undergo a period of remedial training in those disciplines in which in the opinion of the assessment committee he has inadequate knowledge.

(2) A remedial training period shall as far as possible be continuous and shall not exceed a total of six months.

(3) On expiry of a remedial training period a written report shall be submitted to the Board by the administrator or medical superintendent of the relevant hospital in consultation with the candidates supervisor.

(4) A person shall be required to undergo remedial training if (a) he fails to pass the examination; (b) he does not satisfy his supervisors during his internship; (c) he fails the assessment examination after three consecutive attempts at monthly intervals; (d) he has been subject to disciplinary action arising out of professional incompetence.

Position on failure of examination.

A person who fails the examination shall be allowed two more attempts which shall he made during the remedial training period, and any person who fails the examination three times shall be deemed unsuitable for internship or for registration or licensing.

Fee.

A fee of one hundred shillings shall be payable by a candidate for the examination each time it is attempted.

Exemption.

Medical and dental graduates who are holders of degrees or diplomas which are recognized by the Board shall be exempted from the examination.

Voluntary remedial training.

A period of remedial training may be undergone voluntarily by any person before attempting the examination.

Offences.

(1) An administrator of a medical institution in Kenya which, without prior approval of the Board, offers internship to a person who has neither passed the examination nor been exempted under rule 20, shall be guilty of an offence, and liable to a fine not exceeding five thousand shillings.

(2) A person who has neither passed the examination nor been exempted under rule 20 and who, without the prior approval of the Board, undergoes internship shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to a term of imprisonment not exceeding one month or to both.

PART VINTERNSHIP Internship.

A person who is the holder of a degree, diploma or other qualification which is recognized by the Board or who has passed the internship qualifying examination referred to in Part IV shall undergo a prescribed period of internship.

Guidelines.

(1) An intern shall receive from the Board at the commencement of the period of internship a copy of Guide Lines for Interns detailing all the disciplines and areas which he is expected to cover during the prescribed period of internship before being considered for registration.

(2) The Board shall inform the intern in writing of the recognized institution where internship may be undertaken.

Supervision of intern.

During the period of internship, an intern shall be under supervision and guidance of the employing institution in conjunction with the approved supervisors and he shall be offered every opportunity and facility to enable him to undergo his internship.

Internship assessment form.

On completion of internship, an intern shall submit a duly completed internship assessment form to the Board through the medical superintendent of the recognized hospital where he has completed his internship, and through the Provincial Medical Officer of the respective province.

Procedure on reception of supervisors recommendations.

Upon receipt of the supervisors recommendations, the Board shall issue a registration certificate or licence, or direct the intern to undergo a further period of internship in the disciplines in which his performance may have been found to be unsatisfactory; and such further period of internship may be undertaken in the same or a different institution or institutions for a period of not less than three months.

No registration until completion of internship.

No person shall be entitled to be registered as a medical or dental practitioner unless he has successfully completed a prescribed period of internship.

Conditions to be met by institutions offering training employment.

(1) Institutions which shall be recognized by the Board for training employment shall meet the following requirements (a) they shall have been gazetted as approved medical institutions in accordance with the Act; (b) provision of constant supervision of interns, in the case of medical interns, by at least one consultant or specialist and one other full-time medical practitioner with a postgraduate qualification in each of the following disciplines, namely medicine, paediatrics, obstetrics and gynaecology and surgery, and in the case of dental interns by at least two dentists of consultant grade and one additional dentist with a postgraduate qualification; (c) provision in addition of at least one consultant or specialist in pathology, radiology and anaesthetics; (d) provision of a properly stocked and functioning medical library, and every such institution shall be liable to inspection by the Board from time to time in order that the Board may satisfy itself that the provisions of this rule are being complied with.

(2) An institution which fails to provide the minimum requirements specified in paragraph (1) may have its recognition withdrawn by the Board.

(3) Notwithstanding any other provisions of these Rules, the Board may from time to time, by notice in the Gazette, declare recognized institutions for internship.

SCHEDULE (Deleted by L.N.

131/2005).

157/1979, L.

21/2012.

THE MEDICAL PRACTITIONERS AND DENTISTS (DISCIPLINARY PROCEEDINGS) (PROCEDURE) RULES PART IPRELIMINARY Citation.

These Rules may cited as the Medical Practitioners and Dentists (Disciplinary Proceedings) (Procedure) Rules.

Interpretation.

In these Rules, unless the context otherwise requires Chairman means the chairman of the Board; case relating to conviction means a case where it is alleged that a medical practitioner or dentist has been convicted of an offence under this Act or under the Penal Code, Cap.

63; charge means a charge or charges specified in a notice of inquiry; complainant means a body or person that makes a complaint to the Board; Boards advocate means an advocate appointed by the Board to assist in conducting an inquiry under these Rules; infamous or disgraceful conduct in a professional respect means serious misconduct judged according to the rules, written or unwritten, which govern the medical and dental professions; inquiry means a disciplinary inquiry held by the Board sitting as a tribunal into the conduct of a medical practitioner or dentist; notice of inquiry means a written and signed notice from the Board which is sent to a medical or dental practitioner, specifying, in the form of a charge or charges, matters upon which the inquiry is to be held, and stating the date, time and place where the inquiry is to he held.

PART IIPROCEEDINGS RELATING TO CONVICTION AND INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT Preliminary Inquiry Committee.

(1) There is hereby established a committee to be known as the Preliminary Inquiry Committee which shall consist of seven members elected from among the members of the Board.

(2) The Director of Medical Services or, in his absence, a Deputy Director of Medical Services who is a member of the Board shall be the chairman of the Preliminary Inquiry Committee; (3) The chairman of the Preliminary Inquiry Committee shall convene the meetings of the committee as and when necessary.

Functions of Preliminary Inquiry Committee.

21/2012.

(1) The functions of the Preliminary Inquiry Committee shall be to receive and review complaints against a medical practitioner or dentist.

(2) Subject to paragraph (1), the Preliminary Inquiry Committee after considering the complaint and making such inquiries with respect thereto as it may think fit, shall (a) if of the opinion that the complaint does not warrant reference to the Board for inquiry, reject the complaint and so inform the Chairman; (b) if of the opinion that the complaint does warrant reference to the Board, cause it to be referred to the Professional Conduct Committee together with its findings and recommendations.

(3) (Deleted by L.

21/2012).

Professional Conduct Committee.

21/2012.

A (1) There is established a Professional Conduct Committee consisting of the following persons appointed by the Board (a) a chairperson; (b) two persons registered in the same profession in which a medical practitioner or dentist whose conduct is being inquired to is registered; (c) one member of the Board; (d) one person representing the general public; (e) an advocate of the High Court who shall be the legal advisor; and (f) the Chief Executive Officer of the Board.

(2) The functions of the Professional Conduct Committee shall be to (a) conduct inquiries into the complaints submitted by the Preliminary Inquiry Committee made under rule 4(2) and make appropriate recommendations to the Board; (b) ensure that the necessary administrative and evidential arrangements have been met so as to facilitate the Board to effectively undertake an inquiry under rule 6; (c) convene sittings in respective counties to determine complaints; (d) promote arbitration between the parties and refer matters to such arbitrator as the parties may in writing agree.

(3) The Professional Conduct Committee shall, subject to prior or subsequent approval by the Board, have power to (a) levy reasonable costs of the proceedings from parties; (b) order a medical practitioner or dentist to undergo continuous professional development for a maximum of up to fifty points; (c) suspend licenses for medical institutions for up to six months; (d) order closure of institutions until compliance with the requirements of the operating licence.

(4) The Professional Conduct Committee may summon or correspond with persons including medical practitioners and dentists to whom a complaint relates as it thinks fit and may peruse or inspect all instruments relating to the complaint.

Submission of complaint or information.

(1) Whenever a complaint or information is received by the Chairman from a body or person and it appears to him that (a) a medical practitioner or dentist has been convicted of an offence under this Act or under the Penal Code; or (b) that a question arises whether the conduct of a medical practitioner or dentist constitutes serious professional misconduct, the Chairman shall submit the matter to the Preliminary Inquiry Committee.

(2) When the Preliminary Inquiry Committee refers the complaint to the Board under rule 4(2)(b), the Chairman shall send to the medical practitioner or dentist to whom the complaint relates a notice of inquiry which shall (a) be in Form 1 in the Schedule and shall, unless the Board otherwise directs, require the party to whom it is addressed to furnish the Chairman and every other party a notice of all the documents which he intends to rely on at the hearing; (b) set out, in general terms, the charge or charges of professional misconduct made against the medical practitioner or dentist; and (c) specify the date and time of and the place at which the inquiry is proposed to be held.

(3) The notice of inquiry shall be sent to the medical practitioner or dentist by registered post addressed to his last known address as notified to the Registrar or by any other means approved by the Board.

(4) In any case where there is a complaint, a copy of the notice of inquiry shall be sent to him.

Procedure in cases relating to conviction.

(1) In cases relating to conviction, where the medical practitioner or dentist appears, the following order of proceedings shall be observed as respects proof of convictions alleged in the charge or charges (a) the complainant, or if a complainant does not appear or there is no complainant, the Boards advocate shall adduce evidence of the conviction and produce before the Board a certified copy of the court proceedings which resulted in the conviction of the medical practitioner or dentist; (b) if, as regards a conviction, no evidence is adduced, Chairman shall thereupon announce that the conviction has not been proved; (c) the Chairman shall ask the medical practitioner or dentist whether he admits each previous conviction of which evidence is so adduced; (d) if the medical practitioner or dentist does not admit all the convictions, he may, if he intends to adduce other oral evidence in addition to his own evidence as respects any conviction which he does not admit either in person or by his advocate, open his case; (e) the medical practitioner or dentist or his advocate, as the case may be, may adduce evidence in respect of any conviction which he does not admit; (f) at the close of the evidence for the medical practitioner or dentist, the complainant or the Boards advocate, as the case may be, may with the leave of the Board, adduce evidence to rebut any evidence adduced by the medical practitioner or dentist; (g) the complainant or the Boards advocate, as the case may be, may address the Board and close his file; (h) the medical practitioner or dentist or his advocate may then address the Board and lose his case.

(2) Where the medical practitioner or dentist does not appear and the Board has decided to proceed with the inquiry, subparagraphs (a) and (b) of paragraph (1) shall apply but the remainder of that paragraph shall not apply.

(3) On the conclusion of the proceedings under this rule the Board shall consider every conviction alleged in the charge or charges, other than a conviction which has been admitted by the medical practitioner or dentist, and shall determine whether it has been proved and the Chairman shall then announce its determination in such terms as the Board may approve.

Procedure in cases relating to conduct.

(1) In all cases relating to conduct where the medical practitioner or dentist appears the following order of proceedings shall apply (a) if the complainant appears, he shall open the case against the medical practitioner or dentist or where the complainant does not appear or there is no complainant, the Boards advocate shall present all the facts on which the complaint or information is based; (b) the complainant or the Boards advocate, as the case may be, may address the Board and adduce evidence of the facts alleged in the charge or charges; (c) if as respects any charge no evidence is adduced, the Board shall record and the Chairman shall announce a finding that the medical practitioner or dentist is not guilty of infamous or disgraceful conduct in a professional respect as alleged in the charge or charges; (d) at the close of the case against him medical practitioner or dentist or his advocate may make either one or both of the following submissions as respects any charge which remains outstanding namely (i) that no sufficient evidence has been adduced upon which the Board could find that the facts alleged have been proved; (ii) that the facts of which evidence has been adduced are insufficient to support a finding of infamous or disgraceful conduct in a professional respect; and where any such submission is made, the complainant or the Boards advocate, as the case may be, may answer the submission and the medical practitioner or dentist or his advocate may reply thereto; (e) if a submission is made under paragraph (d), the Board shall consider and determine whether the submission should be upheld and if the Board determines to uphold such a submission as regards any charge, it shall record, and the Chairman shall announce, that the medical practitioner or dentist is not guilty of infamous or disgraceful conduct in a professional respect in respect of the matters to which that charge relates; (f) the medical practitioner or dentist may then, if he intends to adduce oral evidence in addition to his own evidence, open his case upon any charge which remains outstanding; (g) at the close of the evidence for the medical practitioner or dentist the complainant, or the Boards advocate, as the case may be, may with leave of the Board, adduce evidence to rebut any evidence adduced by the medical practitioner or dentist; (h) the complainant, or the Boards advocate, as the case may be, may then address the Board and close his case.

(2) The medical practitioner or dentist or his advocate may then address the Board and close his case.

(3) Where in a case relating to conduct the medical practitioner or dentist does not appear and the Board decides to proceed with the inquiry only subparagraphs (a), (b) and (c) of paragraph (1) shall apply.

(4) On conclusion of the proceedings under paragraph (1) the Board shall consider and determine as respects each charge which remains outstanding which, if any, of the facts alleged in the charge has been proved to their satisfaction.

(5) If under paragraph (3) the Board decides, as regards any charge, either that none of the facts alleged in the charge have been proved to their satisfaction, or that such facts as have been proved would be insufficient to support a finding of infamous or disgraceful misconduct in a professional respect, the Board shall record a finding that the medical practitioner or dentist, as the case may be is not guilty of the misconduct alleged in the charge or charges.

(6) The Chairman shall announce determination or the finding of the Board after the procedure prescribed under this rule has been complied with.

Procedure where a medical practitioner or dentist admits the charge.

(1) Where in a case relating to conduct or conviction the medical practitioner or dentist admits at the opening of the inquiry all the facts alleged in any charge or charges against him, the Chairman shall thereupon announce that the facts alleged in such charge or charges have been proved.

(2) The complainant or the Boards advocate, as the case may be, shall address the Board and may adduce evidence as to the circumstances leading up to the charge or charges and the character and previous history of the medical practitioner or dentist.

(3) The Board shall then invite the medical practitioner or dentist or his advocate to address it by way of mitigation.

(4) The Board shall then consider and determine the charge or charges and announce their determination or finding.

Procedure in case relating both to conviction and to conduct.

Where the medical practitioner or dentist is alleged to have been convicted of any offence under this Act or the Penal Code and also to have been guilty of infamous or disgraceful conduct in a professional respect, the Board shall first deal with the charge or charges relating to conviction before dealing with charge or charges relating to conduct; and in both cases the provisions of rules 6 and 7 shall apply respectively.

Inquiries into charges against two or more practitioners.

(1) Nothing in these Rules shall be construed as preventing an inquiry being held jointly into charges against two or more medical practitioners or dentists.

(2) Where a joint inquiry is held, the provisions of these Rules shall apply subject to the necessary adaptations and any directions which may be given by the Board.

PART IIIPROCEEDINGS RELATING TO APPLICATIONS FOR RESTORATION Application for restoration of name on register.

(1) An application for restoration of the name of a medical practitioner or dentist on the register or the restoration of a licence after removal or cancellation pursuant to sections 19 and 20 of the Act shall be in Form 2 set out in the Schedule.

(2) All applications for restoration of the name on the register shall be accompanied by a certificate of identity and good character in Form 3 set out in the Schedule and signed by a medical practitioner or dentist, as the case may be, of at least ten years standing.

(3) The medical practitioner or dentist making an application under paragraph (1) shall give the names of three referees, two of who shall be medical practitioners or dentists of consultant status or of at least ten years experience and of good repute and standing and one of whom shall be a non-medical person of good repute and social status, to whom the Board can send a request for information about the character, habits and conduct of the applicant during the period of suspension.

(4) At the hearing of the application the following procedure shall be followed (a) the register shall state to the Board the circumstances in which the applicants name was removed or erased from the register or the licence cancelled and shall adduce evidence as to the conduct of the medical practitioner or dentist since that time; (b) the Chairman shall then invite the applicant to address the Board if he so wishes, and adduce evidence as to his conduct since his name was erased from the register or the licence was cancelled; (c) the Board may, if it thinks fit, receive oral or written observation on the applicant from any body or person whose complaint resulted in the applicants name being erased from the register or licence being cancelled.

(5) At the close of the proceedings under this rule the Board shall record and the Chairman shall pronounce the finding or determination of the Board.

(6) Subject to the provision of this rule, the proceedings of the Board in connection with applications for restoration of the name of a medical practitioner or dentist on the register or restoration of a licence after cancellation, as the case may be, shall be such as the Board may determine.

PART IVGENERAL Adjournment of proceedings.

The Board may at any stage during an inquiry under these Rules adjourn its proceedings as it thinks fit.

Proceedings to be in camera.

The proceedings of the Board shall be held in camera.

Summons at proceedings.

The Board may issue a summons, in Form 4 set out in the Schedule, to any person to attend as a witness or to produce any documents.

Notes taken at proceedings.

Any party to the proceedings shall, on application, be furnished with a transcript of the shorthand notes or a certified copy of the proceedings or determination or finding of the Board on the payment of a fee of five shillings for every page of the shorthand notes or certified proceedings or determination or findings of the Board.

Venue of meetings.

Meetings of the Board for purposes of an inquiry under these Rules, except in so far as the Chairman may otherwise direct, shall be held at the office of the Board and may be held as regularly as circumstances require.

Service of documents.

The service of a summons or documents shall be by post or by any means approved by the Board as being the most convenient in the circumstances.

Evidence.

(1) For the purpose of these Rules, the Board may receive oral, documentary or other evidence of any fact or matter which appears to it be relevant to the inquiry into any matter before it.

(2) The Board may, if satisfied that the interests of justice will not be prejudiced, admit in evidence without strict proof, copies of documents which are themselves admissable, maps, plans, recorded tapes, photographs, certificates of conviction and sentence, certificates of birth and marriage and death, the records including records of the Ministry of Health and other Government Ministries, records of private practitioners, private medical institutions and any other relevant sources, the notes and minutes of proceedings before the Board and before other tribunals and courts, and the Board may take note without strict proof thereof of the professional qualifications, the address and the identity of the medical practitioner or dentist.

(3) The Board may accept and act on admissions made by any party and may in such cases dispense with proof of the matters admitted.

SCHEDULE FORM 1 (r.

5 (3) THE MEDICAL PRACTITIONERS AND DENTISTS ACT(Cap.

253) Dr./Mr./Mrs./Miss.

Address.

Dear Sir/Madam, On behalf of the Medical Practitioners and Dentists Board, notice is hereby given to you that in consequence of a complaint made to the Board against you/information received by the Board an inquiry is to be held into the following charge/ charges against you.

If the charge relates to a conviction: That you were on the.

day of.

at.

(specify court recording the conviction) convicted of.

(set out particulars of the conviction in sufficient detail to identify the case).

OR If the charge relates to conduct: That being registered under the Act you.

(set out briefly the facts alleged).

and that inrelation to the facts alleged you have been guilty of infamous conduct in a professional respect.

Where there is more than one charge, the charges are to be stated consecutively (charges relating to conviction being set out before charges relating to conduct).

Notice is further given to you that on the.

day of.,19.

a meeting of the Board will be held at Afya House, Cathedral Road Nairobi at.

a.m./p.m.

to consider the above charge/charges against you and to determine whether or not the board should direct the Registrar to remove your name from the register pursuant to section 20 (1) of the Medical Practitioners and Dentists Act (Cap.

253).

You are hereby invited to answer in writing the above-mentioned charge/charges and also to appear in person before the Board at the place, date and time specified above for the purpose of answering the charge/ charges.

You may bring your advocate with you.

The Board has power to hear and decide upon the charge/ charges in your absence if you do not appear.

Any answer, admission or other statement or communication which you may desire to make with respect to the said charge/ charges should be addressed to the Chairman of the Board.

If you desire to make any application that the inquiry should be postponed, you should send the application to the Secretary of the Board as soon as possible, stating the grounds on which you desire a postponement.

Dated this.

day of .,19.

Registrar of the Board.

FORM 2 (r.

11) THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) APPLICATION FOR RESTORATION OF NAME IN THE REGISTER (Note: This declaration must be made before a practitioner of not less than 10 years experience and of good standing.) I, the undersigned.

of (address).

now holding the qualification(s) of.

do solemnly and sincerely declare as follows:.

I am the person formerly registered as a medical practitioner/dentist under the name of.

and the qualification(s) of.

.registration number.

and, I hereby applyfor the restoration of my name to the register.

In an inquiry held on the.

day of.

19.

at.

(place) the Board directed myname to be erased from the register, and the offence for which the Board directed the erasure of my name was.

Since the erasure of my name from the register, I have been residing at .and my occupation has been.

It is my intention if my name is restored to the register to engage in private practice/ to be employed, (others specify).

The grounds of my application are.

Names and addresses of my referees: (a).

(b).

(c).

Declared at.

Signed.

On.

Date.

Before me.

(Full Name) Signed.

Name of practitioner in full and registration/date of qualification.

Date.

FORM 3 (r.

11 (2) THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) CERTIFICATE OF IDENTITY AND GOOD CHARACTER I,.

of (address).

do certify as follows:.

I have read the statutory declaration made on the.

.Dr./Mr./Mrs./Miss .of (address).

The said Dr./Mr./Mrs./Miss .was formerly registered as a medical/dental practitioner with the following address and qualification(s).

Registration No.

I have been and am well acquainted with the said Dr./Mr./Mrs./Miss.

both before and since his name was erased from the register, and I believe him to be now a person of good character, and the statements in the said declaration are, to the best of my knowledge, information and belief, true.

Signed.

Registered address.

Registered Qualifications.

Date.

Dated this.

day of.

19.

Signature of Witness .Address.

Date.

FORM 4 (r.

14) THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap.

253) WITNESS SUMMONS To.

In pursuance of section 20 (3) of the above Act, you are hereby commanded to attend in person as a witness in an inquiry to be held before the Medical Practitioners and Dentists Board against Dr./Mr./Mrs./Miss .at the Ministry of Health Headquarters, Afya House, Cathedral Road, Nairobi on.

and to remain in attendance until released by the Board.

Under the provisions of section 20 (8) of the Act, any person who fails when summoned by the Board to attend as a witness or to produce any books, documents or other exhibits, shall be guilty of an offence and shall be liable to a fine of KSh.

2,000 or to imprisonment for one month.

Dated this.

day of.

19.

Registrar of the Board Summons received on.

by Signature of Witness.

served by.

Date and time.

Place.

L.N.

182/1979, L.N.

288/1979, L.N.

289/1979,LN.

141/2012.

THE MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) RULES PART 1PRELIMINARY Citation.

These Rules maybe cited as the Medical Practitioners and Dentists (Private Practice) Rules.

Interpretation.

In these Rules, unless the context otherwise requires advertise means to issue or cause to be issued a sign, notice, circular, label or wrapper or to make any announcements orally or by means of producing or transmitting light or sound; approved clinical laboratory means a private clinical laboratory which is covered on a full-time basis by a pathologist and is so equipped as to enable the carrying out therein of investigations in clinical chemistry, haematology and microbiology; approved medical institution means a Government or private hospital or nursing home which has been declared by the Board to be an approved institution; approved radiological laboratory means a private radiological laboratory which us covered on a full-time basis by a radiologist and is so equipped as to enable the carrying out therein of investigations in general radiology in addition to special radiological investigations; clinic means consulting rooms, offices or an outpatient department without beds used by a practitioner for the diagnosis and treatment of disease or the giving of medical or dental advice and instructions; clinical laboratory means premises for examining specimens for the purpose of providing information on diagnosis, treatment or prevention of disease; clinical radiological laboratory means premises in which ionizing radiations are used for nuclear medicine, diagnostic research or therapeutic purposes; general practice means the practice of general medicine or dentistry other than specialist practice as defined in these Rules; hospital means an institution which has, in addition to resident medical practitioners or dentists, an operating theatre and a mortuary; immediate supervision means being available to give help and guidance when required; ionizing radiations means gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or electromagnetic radiation capable of producing ions directly or indirectly in their passage through matter; laboratory medicine means the practice of all or any of the following disciplines, namely pathology, clinical chemistry, microbiology and parasitology, haematology, morbid anatomy and histology, cytology, immunopathology, forensic pathology and other disciplines relevant thereto; licence means a license to engage in full-time or part-time private practice; locum means a registered medical practitioner or dentist substituting and providing services for another registered medical practitioner or dentist; maternity home means any premises used for the reception of expectant women or of women who have given birth within the preceding six weeks; medical laboratory technician means a holder of a certificate in medical laboratory technology issued by the Medical Training Centre or similar institution which is recognized by the Ministry of Health; medical laboratory technologist means a holder of a certificate or a diploma in medical laboratory technology issued by the University of Nairobi or similar institution which is recognized by the Ministry of Health.

nursing home means any premises howsoever named or described which are used for the reception of, and for provision of medical care and nursing for, persons suffering from any sickness, injury or infirmity, and having a mortuary and an outpatient department, but does not include premises maintained or directly controlled by the Government or a Local Authority; pathologist means a specialist in one or all of the disciplines in clinical laboratory medicine; private clinic means a clinic where a private practice is carried out; private practice means giving medical, surgical or dental advice, attendance or performing an operation, or engaging in radiological or clinical laboratory medicine, for a fee; radiographer means a holder of a diploma in radiography obtained from the Medical Training Centre or such similar institution which is recognized by the Ministry of Health; radiographic film processor means a holder of a certificate, attesting to his proficiency in radiographic film processing, obtained at the Medical Training Centre or such similar institution which is recognized by the Ministry of Health; radiologist means a specialist in the use of ionizing radiation; single discipline pathologist means a medically qualified person whose training has not covered all the disciplines of clinical laboratory medicine, but who is a specialist in any of the disciplines in pathology; specialist means a medical practitioner or dentist who has completed an approved training programme in a particular discipline in medicine or dentistry, and who has acquired a recognized postgraduate qualification or its equivalent, and who thereafter has gained sufficient experience and shown to the Boards satisfaction adequate clinical, radiological or laboratory skill, in his chosen discipline; specialist practice means the practice of medicine or dentistry in a specialized discipline as specified in these Rules.

PART IIGENERAL PRACTICE Eligibility for licence to engage in private practice.

(1) A medical practitioner or dentist shall be eligible for a licence to engage in private practice under section 15 of the Act on his own behalf either full or part-time or in the employment, either full or part-time, of a private practitioner or group or private practitioners, if he has worked continuously in Kenya on a full-time basis in a salaried post in a Government or private hospital or in any non-profit-making approved medical institution for a period of not less than three years.

(2) Notwithstanding anything contained in paragraph (1), the Board may, if it is satisfied that it is in the public interest to do so, allow a medical practitioner or dentist who is not otherwise eligible for a licence to engage in private practice under paragraph (1) to be issued with a licence entitling him to engage in private practice as a salaried employee of a private practitioner or group of private practitioners.

Application for a licence.

Supra.

(1) An application for a licence to engage in private practice shall be in the Form VI set out in the Medical Practitioners and Dentists (Forms and Fees) Rules, and shall be accompanied by the prescribed fee.

(2) An application for renewal of a licence shall be made under this Part and shall be made not less than six weeks before the date of expiry of the licence.

(3) An application for permission to change the premises to which the licence relates may be made at any time.

(4) The Board may, on application (a) for renewal of a licence; or (b) for change of premises, request such further relevant information from an applicant as it thinks fit.

(5) A person who includes, or causes to be included, in an application, or in response to a request for information from the Board, information which he knows or has cause to believe is incorrect shall be guilty of an offence.

Conditions of licences.

(1) The Board may impose any conditions on a licensee under this Part and in particular may impose a condition that the private practice of the licensee shall not conflict with the terms and conditions of his employment.

(2) A licence shall be issued in respect only of the premises named therein and may not apply to any other premises unless the authority of the Board for it to do so has previously been obtained.

(3) A licensee shall display a license in a conspicuous position at the premises to which it relates and a licensee who fails to do so shall be guilty of an offence.

(4) The Board may cancel a licence if any of the conditions imposed under it are contravened.

(5) Where a licensee ceases his private practice he shall surrender his licence to the Board within thirty days of so doing.

Notice of refusal to grant a licence, etc.

(1) The Board shall, before (a) refusing to grant or renew a licence; or (b) refusing to allow a change of premises to which the licence relates; or (c) canceling the licence, give to the applicant or licensee not less than twenty-eight days notice in writing stating its intention so to act; and such notice shall inform the applicant or licensee that he may within twenty-one days of receipt of the notice inform the Board in writing whether he wishes to be heard on the question of the proposed refusal or cancellation.

(2) Where the applicant or licensee informs the Board in writing under paragraph (1) that he wishes to be heard the Board shall not effect a refusal or cancellation before it has given him an opportunity to show cause why the application or licence should not be refused or cancelled.

(3) Where the Board, after complying with this rule, refuses to grant or renew a licence, or cancels a licence, it shall inform the applicant or licensee of its decision within fourteen days of the expiry of the period of twenty-eight days referred in paragraph (1) or, where the applicant or licensee has been heard, within fourteen days of the hearing; and the Board shall inform the applicant or licensee of the reason for its decision.

(4) An appeal to the High Court under section 15 (6) of the Act against the decision of the Board under this rule shall be made within thirty days of the receipt of the decision.

Locums.

(1) A medical practitioner or dentist who wishes to work as a locum for another practitioner shall be required to satisfy requirements for eligibility for a licence to engage in private practice specified in rule 3.

Supra.

(2) A prospective locum shall make an application in Form VI set out in the Medical Practitioners and Dentists (Forms and Fees) Rules stating the period during which he requires to work as a locum: Provided that in the case of an emergency a medical practitioner or dentist may act as a locum for a period not exceeding fourteen days during which time he shall inform the Board of his action and make a formal application under this paragraph.

(3) Where the duration of a locum practice is not to exceed six weeks the Registrar or Chairman may give his written consent to the applicant to practice as a locum in the form specified in the First Schedule and no fee shall be payable by the applicant.

Supra.

(4) Where an applicant wishes to work as a locum for a period exceeding six weeks he shall obtain a license to engage in private practice in Form VII set out in the Medical Practitioners and Dentists (Forms and Fees) Rules and pay the prescribed fees.

(5) A practitioner may not work as a locum for more than two periods each one of which is not less than fourteen days and does not exceed three months in duration in any one year without special permission from the Board to do so.

PART IIIPRIVATE CLINICS Interpretation.

In this Part, licensee means a medical practitioner or dentist licensed to operate a private clinic under rule 9.

Board to approve premises.

(1) No private practitioner shall operate a private clinic unless the premises where the clinic is situated have been approved by the Board.

(2) A private practitioner who wishes to operate a private clinic shall apply to the Board in writing for permission to use the premises intended for use as a private clinic before applying for a licence to engage in private practice; and the Board shall grant or refuse to grant a license under this paragraph within thirty days of receiving the application.

Supra.

(3) A licence to operate a private clinic shall be in Form VII set out in the Medical Practitioners and Dentists (Forms and Fees) Rules, and shall be issued on payment of the prescribed fee.

Conditions for issue of a licence under this part.

(1) A licence under rule 9 shall be issued subject to such conditions as the Board thinks fit including in any case the conditions that the licensed premises shall (a) be kept in good order and a good state of repair; (b) be kept reasonably secure from unauthorized entry; (c) conform to the minimum requirements set out in Part A or Part B of the Second Schedule, as the case may be, and any other written law, and in particular the Public Health Act, Cap.

242; and (d) not be a residential building except with special permission from the Board.

(2) A private clinic licensed under these Rules shall be open for inspection at any reasonable time by an authorized officer of the Board and any person who willfully obstructs such an officer acting in the course of his duty shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.

Restriction of a number of private clinics.

(1) A private practitioner shall not be licensed to operate more than one private clinic, but the Board may permit a private practitioner to operate two clinics where both are situated in a rural area.

(2) If more than one private clinic is permitted under paragraph (1), a separate licence shall be issued and a separate fee be paid in respect of each clinic.

Licensee to indicate name, etc.

(1) A licensee shall indicate his name and qualifications outside his clinic in an unostentatious manner and in accordance with the Code of Professional Conduct and Discipline and the name and qualifications so indicated shall conform to the provisions of paragraph 4 of Part A of the Second Schedule.

(2) A licensee who (a) uses any words implying that a private clinic is a hospital or a nursing home; (b) advertises a private clinic in any manner whatsoever to the general public, shall be guilty of an offence.

Licensees assistants.

(1) A licensee may employ as an assistant any person who has undergone a recognized training in medicine, dentistry, nursing or midwifery in an approved training institution, and who is not registered as a medical practitioner or dentist, to undertake defined duties under the immediate supervision of the licensee or a registered practitioner employed by him.

(2) Where any assistant employed under paragraph (1) undertakes or offers to undertake any form of medical or dental treatment independently without the immediate supervision of a medical practitioner or dentist he shall be guilty of an offence.

(3) Paragraph (2) shall be in addition to and not in derogation of the provisions of section 22 of the Act.

Keeping of essential drugs.

(1) A licensee shall keep in his private clinic adequate stocks of essential drugs listed in paragraph 3 of the Second Schedule.

(2) A licensee shall keep an accurate record of all drugs to which the Pharmacy and Poisons Act (Cap.

244) and the Dangerous Drugs Act (Cap.

245) apply.

Notification of disease, etc.

(1) A licensee shall immediately notify the medical officer of health of any of the notifiable diseases set out in Third Schedule which he treats in his clinic.

(2) A licensee shall immediately notify the police in the event of any death occurring in his clinic and supply to them all relevant information concerning the death.

Manner of dressing.

A licensee shall, whilst on duty, at all times be dressed and groomed in such a manner as to portray a respectable image to the public and in particular he shall observe the standards of ethics laid down in the Code of Professional Conduct and Discipline.

Clinical radiological laboratories.

(1) A private clinic may not include a clinical radiological laboratory unless the practitioner who operate the clinic (a) is himself qualified in the use of ionizing radiation; or (b) employs a radiographer, and in either case the person referred to in paragraph (a) or (b) personally undertakes the radiological examination of patients.

(2) A private clinic may not include a clinical laboratory unless (a) examination of the specimens obtained from patients in that laboratory is undertaken by the private practitioner personally or a qualified medical laboratory technician or technologist; (b) examinations are limited in the way prescribed in paragraph (3).

(3) A clinical laboratory may only be used for the purposes of undertaking investigations of the following nature (a) haemoglobin; (b) blood slides; (c) urinalysis; (d) stool microscopy; (e) occult blood tests; (f) gram stains; (g) special smears.

(4) Neither a clinical radiological laboratory nor a clinical laboratory may be used as a referral laboratory for a practitioner who does not operate, or is not employed by the clinic concerned; and any person who in such laboratory (a) undertakes the examination of patients or specimens from patients; or (b) treats patients, who have been referred from outside the practice concerned shall be guilty of an offence.

PART IVNURSING HOMES AND HOSPITALS 8-20(Revoked by L.N.

25/2000).

PART VCOMMITTEES Establishment of private practice committee.

(1) There shall be a committee to be known as the private practice committee which shall be composed, subject to paragraph (2), of not more than five members appointed by the Board from among its members.

(2) The committee shall elect its own chairman and shall have power to co-opt not more than two members from outside the Board whenever necessary.

(3) The committee shall be responsible for reviewing, wherever it is in its opinion necessary, applications for licenses to engage in private practice, fees charged in private practice and such other matters as shall be assigned to it by the chairman of the Board.

(4) The committee shall report its findings to the Board.

Establishment of specialist committee.

(1) There shall be a committee to be known as the specialist committee which shall be composed, subject to paragraph (2), of not more than five members appointed by the Board from among its members.

(2) The committee shall elect its own chairman and shall have powers to co-opt not more than one medical practitioner or dentist from any specialty from outside the Board whenever necessary.

(3) The committee shall be responsible for reviewing the post graduate qualifications for inclusion in the list of approved specialist qualifications and shall also scrutinize applications for specialist practice and such other matters as shall be assigned to it by the chairman of the Board.

(4) The committee shall report its findings to the Board.

PART VISPECIALIST PRACTICE Specialities in medical practice.

L.N.

141/2012, r.

(1) The specialties in medical practice are as set out in Part I of the Fourth Schedule to these Rules.

(2) The sub-specialties in clinical medicine are as set out in Part II of the Fourth Schedule to these Rules.

Specialities in dentistry.

L.N.

141/2012, r.

The specialties in dentistry are as set out in the Fifth Schedule to these Rules.

Board to recognize specialists.

L.N.

141/2012, r.

(1) The Board may recognize a medical practitioner or dentist as a specialist in any one or more of the disciplines referred to in rules 23 and 24 and shall publish a list of the specialists so recognized annually in the Gazette.

(2) A medical practitioner or dentist may be recognized as a specialist under paragraph (1) if (a) he is a holder of a postgraduate qualification which is equivalent to the Master of Medicine degree of the University of Nairobi and has not less than five years training and experience after registration under the supervision of a recognized specialist in his discipline in a recognized institution: Provided that if a postgraduate qualifications is awarded after the normal period of training for the Master of Medicine degree of the University of Nairobi, no practitioner shall be recognized as specialist until he has had at least two years experience after obtaining the postgraduate qualification; or (b) he possesses a diploma recognized by the Board, obtained before the 1st January, 1978, not being equivalent to the Master of Medicine degree of the University of Nairobi and has worked in a recognized institution for at least seven years during which period he has gained adequate experience and clinical skill under the supervision of a specialist in that field and has published papers in reputable medical journals.

(3) Unless the Board otherwise directs, before a medical practitioner or dentist can be recognized as a specialist in a sub-speciality he must be in possession of a basic specialist qualification in the discipline, and must have at least two years experience under supervision in the sub-speciality.

(4) For the purposes of issuing licences for private practice in any specialty, a medical practitioner or dentist who (a) satisfies the requirements provided for in paragraph (2) shall be recognized as a specialist and may be licensed for a special private practice in his chosen discipline; (b) does not fulfill the requirements of paragraph (2) shall be issued with a licence for general practice if he applies for a licence for specialist private practice.

(5) Notwithstanding the requirements of paragraph (2) the Board may, in the public interest, authorize the Director of Medical Services to issue a letter of authority in the form set out in the Ninth Schedule to a person holding a postgraduate diploma, but not fulfilling the necessary requirements, to engage in specialist practice in approved medical institution in the discipline or sub-specialty which is specified in the diploma for such period as the Board determine.

Application of Part II.

Part II shall apply to medical practitioners or dentists engaged in specialist practice.

PART VIIPRIVATE CLINICAL LABORATORY MEDICINE Licence to practice clinical laboratory medicine.

(1) The Board may grant a licence in the Form VII set out in the Medical Practitioners and Dentists (Forms and Fees) Rules to a medical practitioner to practice private clinical laboratory medicine if the practitioner is both eligible under rule 3 and a pathologist.

(2) The Board shall publish annually in the gazette a list of licensed private clinical laboratories.

Saving.

(1) Subject to paragraph (2) and (3), a registered medical practitioner who was operating a private clinical laboratory before the commencement of these Rules may, notwithstanding rule 29 (1) (b), continue to operate.

(2) A practitioner referred to in paragraph (1) shall make application in the Form VI set out in the Medical Practitioners and Dentists (Forms and Fees) Rules within three months of commencement for a licence under rule 27.

(3) Where the Board refuses a licence applied for under this rule the practitioner concerned shall cease from the date of refusal to operate the private clinical laboratory concerned.

Requirements for clinical laboratories.

L.N.

141/2012, r.

(1) A clinical laboratory shall (a) conform to the standards stipulated in the Sixth Schedule; (b) be approved by the Board before starting to function as such; (c) be at all times supervised by a pathologist.

(2) The Board may inspect any premises used as a clinical laboratory at any reasonable time.

(3) Any person who hinders or obstructs an officer of the Board acting in the course of his duty under paragraph (2) shall be guilty of an offence.

Investigations carried out in clinical laboratory medicine.

A general or single discipline pathologist, a general practitioner and a medical laboratory technician may respectively undertake such investigations in clinical laboratory medicine as are set out in rule 17 (3) and the Fourth Schedule.

Duties of a practitioner operating a clinical laboratory.

A medical practitioner operating a clinical laboratory (a) shall provide diagnostic aid services for the community by meeting the needs of hospitals, medical and dental practitioners and other health services in so doing he may monitor individual patients, when requested to do so, by providing appropriate laboratory control of therapy; (b) Shall provide consultant advisory services in all aspects of laboratory investigations, including the interpretation of results and shall advise on any further appropriate investigations; (c) shall collaborate in systematic education and training for all members of laboratory staff; (d) may collaborate in the development, study and laboratory control of new methods of treatment, whilst adhering to the laid down medical ethics; (e) may provide laboratory facilities for and advice on approved research projects undertaken by clinicians; (f) may undertake basic or applied research on pathology problems.

Fees.

A private practitioner in laboratory medicine may charge fees in accordance with the Boards prescribed fees in private laboratory medicine.

Offences.

A person who contravenes any of the provisions of this Part shall be guilty of an offence.

PART VIIIPRIVATE CLINICAL RADIOLOGICAL LABORATORY MEDICINE Licence to practice clinical radiological medicine.

(1) The Board may grant a licence in Form VII set out in the Medical Practitioners and Dentists (Forms and Fees) Rules to a medical practitioner to engage in private practice in clinical radiological medicine if the practitioner is both eligible under rule 3 and a radiologist.

(2) The Board shall publish annually in the Gazette a list of licensed private clinical radiological laboratories.

Savings.

(1) Subject to paragraphs (2) and (3), a registered medical practitioner who was operating a private clinical radiological laboratory, other than a laboratory providing only screening facilities, before the commencement of these rules may, notwithstanding rule 34, continue to operate.

Supra.

(2) A practitioner referred to in paragraph (1) shall make an application in Form VI set out in the Medical Practitioners and Dentists (Forms and Fees) Rules within three months of commencement for a licence under rule 34.

(3) Where the Board refuses a licence applied for under this rule the practitioner concerned shall cease from the date of refusal to operate the private clinical radiological laboratory concerned.

Requirements for a clinical radiological laboratory.

L.N.

141/2012, r.

(1) A clinical radiological laboratory shall (a) conform to the standards stipulated in the Eighth Schedule; (b) be approved by the Board before starting function as such; (c) be at all times supervised by a radiologist; (d) keep an accurate record of all clinical radiological examinations undertaken by it.

Undertaking of operations in a clinical radiological laboratory.

(1) A radiologist, general practitioner, radiographer or radiographic film processor may undertake such operations in a clinical radiological laboratory as may from time to time be specified by the Board in guidelines to be issued by it.

(2) A practitioner operating a clinical radiological laboratory shall carry out radiological examinations only at the request of a registered medical or dental practitioner or a practitioner who is licensed under section 15 of the Act.

Duties of the owner of a clinical radiological laboratory.

(1) The owner and the management of a clinical radiological laboratory shall ensure that all staff and the public are protected from the hazards of radiation and that the staff comply with the provisions of the Fifth Schedule.

(2) All staff employed in radiation work shall undergo periodical medical examination at least once in every two years and a certificate shall be issued in respect thereof.

Screening facilities.

(1) No clinical radiological laboratory which provides only screening facilities shall be licensed under these Rules.

(2) A person who publicly offers or advertises screening facilities shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding three months or both.

Fees.

A private practitioner in radiological work may charge fees in accordance with the Boards prescribed fees therefore.

PART IXMISCELLANEOUS Board to prescribe fees.

(1) The Board shall prescribe the fees to be charged for visits, referrals and consultations in general practice and specialist practice.

(2) A receipt shall be issued for any fee charged for any medical or dental services rendered, including laboratory and radiological services.

(3) The Board shall have powers to arbitrate in all complaints regarding fees in private practice.

Penalties.

Where a person is guilty of an offence under the rules for which no penalty is expressly provided he shall be liable to a fine not exceeding two thousand shillings.

Legal proceedings, etc.

Whether or not proceedings are brought against any person for an offence under these rules the Board may, where it is satisfied that there has been a contravention of any of these Rules or of the conditions of any licence granted thereunder, and notwithstanding that such contravention is not an offence, cancel or refuse any licence granted thereunder, and in such case rule 6 shall apply.

Mode of serving notice.

Wherever under these Rules, notice is to be served on an applicant or information is to be supplied to him, the notice or letter containing the information shall be sent to him either by registered post or by hand delivery, whichever is convenient.

Post graduate qualifications.

L.N.

141/2012, r.

For purposes of these Rules specialist qualifications recognized by the Board shall be as specified in the Seventh Schedule.

FIRST SCHEDULE (r.

7 (3)) Medical Practitioners and Dentists Board, P.O.

Box 30016, NAIROBI.

Dr.

(Reg.

No.

.) P.O.

Box Dear Sir, RE: APPLICATION FOR LOCUM I acknowledge your letter dated.

Ref.

No.

applying for a locum.

Permission is hereby granted for Dr.

Reg.

No.

to work as a locum in your place of practice during which your absence from.

to.

Yours faithfully, Registrar/Chairman SECOND SCHEDULE (rr.

10(1)(c) 12(1) and 14) PART AMINIMUM REQUIREMENTS FOR A GENERAL PRACTITIONER 1.

PREMISES: (1) Premises should contain the following accommodation (a) waiting room; (b) a consulting room which should be reasonably sound-proofed so that conversations taking place therein are not easily audible outside the consulting room; (c) an examination room which should be either a separate room or a curtained-off part of a consulting room; (d) a treatment room in which such procedures as the giving of medications and the carrying out of minor surgical operations can be done; (e) adequate toilet facilities.

(2) These rooms should be adequately furnished and clean and (a) there shall be sufficient sitting accommodation in the waiting room for the size of the practice; (b) the consulting room shall have a desk for the doctor, a chair for the doctor and two or three chairs for the patient and persons accompanying the patient; and a consulting room should also have a facility for the practitioner to wash his hands, for example, where there is no running water there shall be a washing basin with a jug of water which is periodically topped up; (c) there shall be an examination couch in the consulting/examination room and another couch in the treatment room and the couches shall be designed so that it is easy for an infirm patient to get on to them, and there shall be adequate lighting, either daylight or artificial light, to enable the practitioner to see his patient fully.

EQUIPMENT: The practitioner shall have the following equipment available at his place of work (a) diagnostic instruments such as stethoscope, syphygmomanometer, foetal stethoscope, torch, patella hammer, auroscope, ophthalmoscope, proctoscope, viginal speculum, disposable tongue depressors; (b) instruments for carrying out certain procedures, for example, opening abscesses and stitching wounds; (c) sterilizers for surgical instruments and containers, etc; (d) a facility to examine urine on the premises, for example, by the use of labstix or equivalent reagents; (e) a cabinet for patients records.

STOCKING OF DRUGS: (1) The practitioner should attempt to keep in his premises a stock of those essential drugs which he considers should be administered to his patients in his premises and especially if his practice is not in a location where there may be a dispensing pharmacy.

The range of drugs that he should have is wide, but he ought to have at least the following Injections of analgesics (for example, pethidine, morphine, etc); antibiotics, antihistamines, bronchodilators, antiemetics, antispamodics, local anaesthetics and corticosteroids.

For the purpose of administering injections, he should have disposable syringes and needles and surgical spirit.

(2) Further the doctor should provide himself with a bag which he can carry with him when visiting patients, when traveling or to be available for him to use whenever his services may be needed.

This bag should contain as a minimum the following Such drugs as injections of analgesics, antibiotics, bronchodilators, tranquilizers, local anaesthetics, antispasmodics, antiemetics, oral preparations such as antipyretics, analgesics, gastrointestinal sedatives, antidiarrhoeals, antihistamines, bronchodilators, antibiotics, muscle relaxants, etc.

(3) For the purpose of the doctors bag, it should be the practice to carry disposable syringes and needles rather than steel and glass syringes which require sterilization.

The bag will be adequately furnished if it carries a supply of 2ml disposable syringes and 25 g (1 in) and 21 g (11/2 in) disposable needles.

It is also convenient to carry strips of spirit swabs rather than carrying a supply of surgical spirit and pieces of cotton wool.

Practitioners shall take steps to destroy all disposable equipment to avoid their possible use.

APPROVED DESCRIPTION OF NAME DR./ MR.

MBBS, BDS* MEDICAL PRACTITIONER / DENTIST / CLINICAL LABORATORY/ CLINICAL RADIOLOGICAL LABORATORY*.

DR./MR.

MBBS, DCH, MRCP, FRCS, M.MED., FRCR* etc.

SPECIALIST* PHYSICIAN, PAEDIATRICIAN, DERMATOLOGIST, ANAESTHETIST, RADIOLOGIST, PSYCHIATRIST, PATHOLOGIST, OBSTETRICIAN AND GYNAECOLOGIST, SURGEON (*ORTHOPAEDIC, UROLOGIST, NEUROSURGEON, THORACIC, PLASTIC, OPHTHALMOLOGY) etc.

* Delete where not applicable.

PART BMINIMUM REQUIREMENTS FOR A DENTAL SURGERY.

WAITING ROOM: With basic furniture, telephone, etc.

LABORATORY/WORKSHOP: (a) Basic Laboratory Requirement Investing flasks, Press and clamp, Polishing motor, Laboratory motor and hand piece, Bunsen burner, Pliers, wax knife, etc, Denture materials, Plaster for models, Model trimmer, Polishing brushes, cone felt, etc.

(b) Basic Requirements in filling Materials 1.

Amalgams 2.

Dental cements; (i) Zinc oxide Engenel (ii) Zinc and copper phosphates (iii) Calcium hydroxides (iv) Silicate and silicophosphate cements (v) Filling resins.

TOILET: with wash basin and water borne sanitation.

SURGERY: composed of the following basic essentials (i) dental unit with low and high speed drills which are water cooled (ii) wash-basin with running water (iii) sterilizer unit (iv) cabinet with basic dental instruments (v) basic drugs and medicaments used in dentistry including antimicrobials, corticosteroids, analgesics, haemostatic and anaesthetic drugs, in addition to antiseptics disinfectants (vi) lockable cabinet, containing essential emergency drugs (vii) emergency oxygen cylinder (viii) cabinet for patients records and card system.

INTRAORAL RADIOLOGICAL UNIT.

THIRD SCHEDULE (r.

15) RETURN OF NOTIFIABLE INFECTIOUS DISEASES The following diseases are notified on Med.

25 Forms.

These forms are obtainable from Central Medical Stores or any Government medical institution.

Acute poliomyelitis Anthrax Celebro-spinal fever (meningococcal meningitis) Cholera Diphtheria Infective hepatitis Malaria S.T.

(in high altitude areas) Plague (human) Plague (rodent) Rabies Severe diarrhoeal diseases Sexually transmitted diseases Smallpox (Variola major) Smallpox (Variola minor) Trypanosomiasis Tuberculosis (all forms) Yellow fever L.N.

141/2012, r.

FOURTH SCHEDULE (r.

23) PART ISPECIALITIES IN MEDICAL PRACTICE Anaesthesia Internal Medicine Obstetrics and Gynaecology Paediatrics Pathology Psychiatry Radiology General Surgery Cardiothoracic Surgery Neurosurgery Ophthalmology Orthopaedic Surgery Plastic Surgery Family Medicine Dermatology Geriatrics Occupational medicine Microbiology Palliative Medicine Public Health Ear, Nose and Throat (Otorhinolaryngology) PART IIMEDICAL SUB-SPECIALITIES IN MEDICAL PRACTICE Specialty Sub-specialty a.

Medicine Cardiology Neurology Nephrology Gastroentology Rheumatology Venereology Communicable diseases Tropical medicine Haematology Endrocrinology Immunology Chest and Respiratory Medicine b.

Paediatrics Cardiology Neurology Nephrology Gastroentology Rheumatology Haematology Neonatology Endrocrinology Tropical medicine Immunology Psychiatry c.

Surgery Neurosurgery Cardiothoracic surgery Paediatric surgery Urology Plastic Surgery Vascular Surgery d.

Pathology Forensic Medicine Immunology Haematology Microbiology Clinical pathology/Clinical Chemistry e.

Anaesthesia Critical Care L.N.

141/2012, r.

FIFTH SCHEDULE (r.

24) DENTISTRY SPECIALITIES Orthodontics Prosthodontics Periodontology Oral and Maxillofacial Surgery Restorative Dentistry Paediatric Dentistry Dental Radiology Oral Medicine Oral Pathology Science of Dental Materials Implantology Endodontics General Dental Practice Public Health L.N.

141/2012, r.

SIXTH SCHEDULE (rr.

27 and 29) MINIMUM STANDARDS FOR A CLINICAL LABORATORY 1.

CATEGORIES AND RESPONSIBILITIES OF PATHOLOGISTS: (a) General Pathologist: (i) This is a specialist whose basic training has covered all the disciplines of clinical laboratory medicine and who ultimately has attained a recognizable higher qualification in any one or all other disciplines.

(ii) General pathologists shall run laboratories that carry out the following investigations.

Morbid anatomy, histopathology and cytology.

Haematology and blood transfusion.

Clinical chemistry.

Medical microbiology and parasitology.

Immunopathology.

Forensic pathology.

Other allied laboratory investigations.

(b) Single Discipline Pathologist: This is a medically qualified person whose training shall not have covered all the disciplines of clinical laboratory medicine but who shall be a holder of a postgraduate qualification in only one discipline.

He shall practice only in his particular discipline of specialization.

(c) Categories of Pathology Laboratories: For purposes of the practice of clinical laboratory medicine, the following categories of laboratories shall be recognized (i) Government hospitals and local authority laboratories; (ii) Non-profit making missionary hospital laboratories; (iii) Non-governmental or private hospital laboratories which charge economical fees; (iv) Private clinical laboratories not attached to hospitals; (v) Nursing home laboratories; (vi) Other non-profit making laboratories.

MINIMUM FACILITIES FOR A PRIVATE CLINICAL LABORATORY (r.

29) (i) A MINIMUM OF ANY THREE OF THE FOLLOWING DISCIPLINES SHOULD BE OFFERED.

Haematology and blood transfusion.

Medical microbiology and parasitology.

Clinical chemistry.

Morbid anatomy, histopathology and cytology (ii) STAFF:.

At least one pathologist.

At least one qualified technologist for each of the disciplines.

(iii) PHYSICAL FACILITIES:.

Waiting room.

Specimen collection room with a couch.

Toilet facilities.

Adequate laboratory space dictated by activities.

(iv) SAFETY REQUIREMENTS:.

Autoclave for sterilization of specimens before disposal.

Fire fighting equipment.

Sinks with both cold and hot water.

(v) EQUIPMENT:.

At least one microscope.

Refrigerator.

Incubator.

Centrifuge.

Haemoglobinometer.

Counting chamber.

E.S.R tube.

Disposable syringes and needles.

Calorimeter 0.

Water bath 1.

Still 2.

Burners 3.

Electrophoresis tank 4.

Necessary laboratory glassware 5.

Chemical balance (vi) REAGENTS AND CHEMICALS: There should be minimum reagents and chemicals to enable a confirmatory diagnosis to be reached in each of the disciplines offered.

(vii) DOCUMENTATION: All specimens must be recorded in a register.

Such registration should show the following: date, patients name, attending doctors name, nature of the specimen and tests requested.

L.N.

141/2012, r.

SEVENTH SCHEDULE (r.

36).

MINIMUM REQUIREMENTS FOR CLINICAL RADIOLOGICAL LABORATORY For the purpose of considering radiological protection facilities the following should be adopted as a general guide LEVEL 0Clinics and health stations operated by a nurse or medical assistant without any direct medical supervision No radiological facility required LEVEL 1Small clinics, health stations or general practices under supervision of a general practitioner who can undertake emergency work and refer patients to other levelsradiography only for chest, fractures (mainly extremities), and in exceptional cases plain abdomen necessary.

No fluoroscopy should be undertaken.

LEVEL 2District Hospitals or rural hospitals staffed by a small number of doctors and undertaking general medical care and minor surgery, some private hospitals, clinics and non-profit making hospitals may be included in this groupradiographic examinations required include chest, simple abdomen, fractures, and possibly some fluoroscopic examinations.

LEVEL 3Medium sized regional provincial hospital that undertakes routine hospital work such as general medical care and routine surgery including abdominal surgery.

The medical staff should include specialists in main fields as defined in these Rules All general radiographic work is needed which would include some special examinations e.g.

tomography, angiography, urography, etc.

LEVEL 4 & 5Large central and general hospitals including teaching hospitals where all types of radiological procedures are required.

FOR A PROPERLY ORGANIZED RADIATION PROTECTION PROGRAMME TO SUCCEED, it is strongly recommended that (1) In hospitals at levels 3, 4 and 5, all x-ray diagnostic examinations should be carried out by the diagnostic radiology department.

(2) Even when an x-ray equipment is installed in other departments, the head of the radiology department should have responsibility for radiological aspects of any examination performed.

(3) Level 1 refers to a rural or remote area where no other radiological service is available and the supervision is that of a general practitioner with limited skill in radiology.

A fully qualified radiographer may not be available at this level and the x-ray equipment may be operated by a nurse or laboratory technician.

Such a nurse or technician should have had traditional training in radiography.

(4) In areas where a more comprehensive radiological service is available, no attempt should be made to provide a level 1 radiological service.

PREMISES: (1) The x-ray room should provide adequate radiation protection for people outside the room, who may have no knowledge of radiation or radiation requirements.

(2) The basic x-ray room for general purposes should be about 6x4x3 metres in size, with wall thickness in all directions of 2 mm.

lead equivalent.

(3) The doors, the darkroom hatch, and covers for services and other instructions through the wall should have the same lead equivalent protection.

(4) Windows should be at least 2 metres from the ground outside the x-ray room and 1.6 metres from the floor level of the room.

(5) If the control panel is within the x-ray room, the protective shield should be positioned such that neither once scattered radiation nor direct radiation can pass round the edge of the shield from any part of the room where x-ray procedures are carried out.

(6) The darkroom should be at least 6 sq.

metres in area.

(7) There should be at least two protected changing cubicles of 1.5 sq.

metres minimum size, preferably outside the x-ray room.

(8) If ordinary building materials are used, they should be thick enough e.g.

in the range 70.25 KV, 15 cm of concrete or 25 cm of brick with plaster is sufficient.

(9) However, if a prefabricated wood or metal building is being planned, it will need lead lining, preferably supported by plywood to prevent sagging.

(2mm.

lead sheet is adequate).

(10) Converting an old building for an x-ray room will need a review by a radiation protection expert.

CHOICE OF X-RAY EQUIPMENT: (1) The x-ray equipment should be adequate for its purposes e.g.

at level 1 of radiological care, a good stationary x-ray tube and generator should be employed.

Improvisation of a mobile machine in an old room used for other purposes should not be tolerated under any circumstances.

(2) For routine general radiography, necessary ancillary apparatus should be provided e.g.

chest stand and a stationary couch with grid and film x-ray.

(3) To avoid mains voltage drops, the power supply to an x-ray unit should be separated from, say, that for lifts, etc.

(4) Where power supplies are particularly unreliable, battery operated or condenser discharge equipment should be used.

(5) An x-ray tube head of lower rating than that of generator should be installed.

(6) For exposure controls, meters giving clear indication of voltage, current, and milliampere-seconds at all times are required.

(7) The timing device must be capable of making sufficiently short exposures (say down to 0.04 sec.) must terminate a present exposure, and must be dead man type.

(8) All x-ray, fluoroscopic and dental equipment must further meet the protection standards as laid down by the International Commission on Radiation Protection.

(9) The normal output for radiographic units should lie from 60 KV and above with preferably not less than 50mA.

For fluoroscopic units without image intensifiers, 75 KV and 2-3mA is the normal order.

3mA should not be exceeded at 100 KV.

SAFETY PROCEDURES RADIOGRAPHY (1) Staff positions should be behind protective shields preferably outside the x-ray room provided there is adequate view through a lead glass and communication device for speaking to the patient during exposure.

(2) During special techniques, where staff need be in the x-ray room, protective aprons and gloves should be worn.

(3) Films should be supported mechanically.

Beam size should be reduced to cover by means of light beam diaphragms or variable cones only areas under investigation.

FLUOROSCOPY (1) Only essential persons who must wear protective aprons, should be present in the room during fluoroscopy.

(2) The fluoroscopy switch should be spring loaded so that it is not left on unnecessarily or accidentally.

(3) A cumulative timing device that gives an audible warning and finally switches off after a few minutes to restrict the total switch-on time of the equipment.

(4) A properly darkened room.

(5) A fluoroscopy switch coupled with the rooms red light.

(6) If sufficient information can be obtained from radiography alone (e.g.

as in chest examinations) then fluoroscopy should not be done.

(7) There should be effective coning devices.

(8) With conventional equipment, adequate dark adaptation of at least 15 minutes prior to screening is necessary.

ROOM LAYOUT (1) Primary x-ray beam should not fall on the darkroom wall and should not routinely point towards doors or windows.

(2) Where there is more than one piece of equipment in the same room (a) only one generator per room should be installed; (b) a warning device should be mounted on each x-ray tube and control panel of the generator; (c) an adequate protective screen should be provided between each x-ray tube area.

(3) For special techniques such as tomography, angiography, etc.

a special room should be provided.

(4) Record room, offices and waiting room should be provided outside the main x-ray room at all levels.

(5) Protective screens should be provided for all the positions in which staff are required to be during exposure in the x-ray room.

(6) Persons required to assist during fluoroscopic procedures should wear a protective apron of at least 0.25 mm lead equivalent.

(7) The physician performing the fluoroscopic procedures should wear a protective apron of at least 0.25 mm lead equivalent.

(8) When a new x-ray facility goes into operation, all staff members who at any time may enter the department should be issued with radiation monitoring badges.

(9) Site monitoring during the radiation surveys should be done before commissioning the unit.

(10) Persons likely to receive three tenths (3/10) of the annual maximum permissible dose should be monitored regularly.

(11) Radiation personnel should be medically examined on initial appointment and at any time when the exposure levels as indicated by personnel monitoring are sufficiently high.

PROTECTION OF THE GENERAL PUBLIC (1) Careful attention must be paid to the protection of all areas around, above and below x-ray rooms.

(2) Apart from adequate protective thickness of walls, floors, ceilings and doors, unprotected windows should not allow the public outside to be irradiated.

(3) Stray radiation should not reach the waiting rooms or other occupied areas.

(4) One patient must not use a curtained corner of an x-ray room to change clothing while another is being radiographed in the same room.

(5) Separate protected cubicles should be provided preferably outside x-ray room.

(6) Lead-protected doors must always be closed during x-ray examinations.

(7) Particular care should be taken to avoid irradiating patients in adjacent beds during mobile radiography.

(8) Protective clothing should be worn by parents holding children undergoing x-ray examinations.

They should not stand in the path of a primary beam.

L.N.

141/2012, r.

EIGHTH SCHEDULE (r.

45) LIST OF APPROVED SPECIALIST POSTGRADUATE QUALIFICATIONS Speciality Kenya Foreign Equivalents.

Anaesthesia.

M.Med (Anaesthesia) F.F.A.R.C.S., F.F.A.A.R.C.S, M.D.

(Anaesthesia), Dip.

Am.

Board of Anaesthesiology, etc .Internal Medicine M.Med (Medicine) M.R.C.P.

(U.K.), M.R.A.C.P., F.R.C.P.

(C ), Dip.

Am.

Board of Int.

Medicine MD.

(Medicine) New Delhi, etc.

Obstetrics and Gynaecology M.

Med.

(Obs./Gyn.) M.R.C.O.G., F.R.C.S.

(O.B.S./ GYN.) M.D.

(O.B.S./ GYN.), M.R.A.C.O.G., Dip.

Am.

Board of Obst.

and Gynae., etc.

Paediatrics.

Med (Paediatrics) M.R.C.P.

(U.K.), M.R.A.C., F.R.C.P.

(C), Dip.

Am.

Board of Paediatrics, M.D.

(PAED).

New Delhi, etc.

Pathology.

M.R.C (Path.), M.D.

(Path.) New Delhi, Dip.

Am.

Board of Pathology, etc.

Psychiatry.

M.R.C (Psyc.), M.D.

(Psych.) Dip.

Am.

Board of Psychiatry, etc.

Radiology.

Med (Radiology) F.R.C.R., M.D.

(Radiology), Dip.

Am.

Board of Radiology, etc.

(i) Surgery-General M.

Med (Surgery) F.R.C.S., F.R.A.C.S., F.R.C.S.

(Canada), Dip.

Am.

Board of Surgeons, M.S.

(New Delhi), etc.

(ii) Cardiothoracis Surgery M.

Med (Surgery) F.R.C.S., F.R.A.C.S.(C), Dip.

Am.

Boad of Surgeons, M.S.

(New Delhi), etc.

(iii) Neurosurgery M.

Med (Surgery) F.R.C.S., F.R.A.C.S., F.R.C.S.

(C), M.S.

(New Delhi) Dip.

Am.

Board of Surgeons, etc.

(iv) Opthalmology M.

Med (Ophthalmology) F.R.C.S., F.R.A.C.S., F.R.C.S.

(C), M.S.

(New Delhi) Dip.

Am.

Board of Surgeons, etc.

(v) Orthopaedics Trauma M.

Med (Surgery) F.R.C.S., F.R.A.C.S., F.R.C.S.

(C), M.S.

(New Delhi) Dip.

Am.

Board of Surgeons, etc.

(vi) Otorhinolaryngology M.

Med (Surgery) F.R.C.S., F.R.A.C.S., F.R.C.S.

(C), M.S.

(New Delhi) Dip.

Am.

Board of Surgeons, etc.

(vii) Plastic Surgery M.

Med (Surgery) F.R.C.S., F.R.C.S., F.R.C.S.

(C), M.S.

(New Delhi) Dip.

Am.

Board of Surgeons, etc.

Dentistry.

F.D.S.E.C.S., M.D.S., (New Delhi).

Cert.

Am.

Board of Orthodontics, Cert.

Am.

Board of Endodontics, Cert.

Am.

Board of Prosthetics, Cert.

Am.

Board of Periodontology, Cert.

Am.

Board of Oral and Maxillary Facial Surgery, Cert.

Am.

Board of Conservative Dentistry, etc.

L.N.

141/2012, r.

NINTH SCHEDULE (r.

25 (5)) The Medical Practitioners and Dentists Board, P.O.

Box 30016, NAIROBI.

Date:.

Dear Sir, This is to certify that Dr.

being a holder of a diploma in.

is hereby authorized by the Board to render services in the discipline of.

and that his authorized place of private practice is.

This letter of authority shall expire on 31st December, 19.

Yours faithfully, Director of Medical Services / Registrar.

L.N.

25/2000.

THE MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE MEDICAL INSTITUTIONS) RULES, 2000 Citation.

These Rules may be cited as the Medical Practitioners and Dentists (Private Medical Institutions) Rules, 2000 and shall come into effect on the 1st April, 2000.

Interpretation.

In these Rules, unless the context otherwise requires "institution" means a private medical institution; "licence" means a licence to operate a private medical institution issued under these Rules; "register" means the register of private medical institutions; "private medical institution" means premises of a private health facility which offers medical or dental services, and where persons suffering from any sickness, injury, or infirmity are given medical, surgical, dental treatment or nursing care, and includes a private hospital, a maternity home, a mission hospital, an institutional clinic, a convalescent home, a nursing home, a medical centre, a dispensary, a health centre, a laboratory and other specialized medical institutions other than those licensed under Rule 9 of the Private Clinic Rules, but does not include hospitals or other medical establishments operated by the Government or by a local authority.

Licensing of a private medical institution.

(1) The Board may, subject to these Rules, grant a licence for the use of any premises as a private medical institution.

(2) No premises shall be used by any person as a private medical institution unless they are registered and licensed for such use by the Board.

(3) No person shall use the term "hospital" or "nursing home" or any other name that suggests a private medical institution in connection with the use of any premises unless the premises are licensed under these Rules.

Application for a registration.

(1) A person or organization to operate a private medical institution shall submit to the registrar an application in the prescribed form set out in the Medical Practitioners (Form and Fees) Rules, which shall be accompanied by the prescribed registration fee.

(2) Where the applicant satisfies the Board that the institution meets the requirement for registration, the registrar shall register the institution as an approved private medical institution.

(3) The Board shall issue to every approved private medical institution registered under these Rules a certificate of registration in the prescribed form set out in the Medical Practitioners and Dentists (Forms and Fees) Rules on payment of the prescribed fee.

(4) The registrar shall keep a register of all private medical institutions.

Application for a licence.

(1) An application for a licence to operate a private medical institution shall be in the prescribed form set out in the Medical Practitioners and Dentists (Forms and Fees) Rules, and shall be accompanied by the prescribed fee.

(2) An application for a license to be issued under these Rules shall be made to the Board on or before the 30th October of each year.

(3) An annual fees assessment form shall be in the prescribed form set out in the Medical Practitioners and Dentists (Forms and Fees) Rules.

(4) A licence to operate an approved private medical institution shall be in the prescribed form set out in the Medical Practitioners and Dentists (Forms and Fees) Rules.

(5) A licence issued under these Rules shall be granted for a period of one year.

(6) A licence issued under these Rules shall expire on the 31st December of the year in which it was issued, and may thereafter be renewed annually on payment of the prescribed fee.

(7) No licence shall be transfered under these Rules.

(8) A licence issued under these Rules shall be displayed in a conspicuous place at the premises to which the licence relates.

(9) An application for renewal of licence shall be made under these Rules.

(10) An application for permission to change the premises to which the licence relates may be made at any time.

(11) The Board may, on application (a) for renewal of the licence; or (b) for change of premises, request such further relevant information from the applicant as it thinks fit.

(12) The Board may charge an additional late application fee in respect of applications submitted after the 30th October of any year as specified in sub-rule (2).

Conditions for grant of licence.

(1) No licence shall be granted under these Rules unless the premises and its proposed facilities and equipment are approved by the Board as suitable for the purpose indicated in the application, and the Board is satisfied as to the character and ability of the applicant to run the private medical institution.

(2) An institution shall be registered and licensed as private medical institution where (a) the premises conform to the minimum requirements set out in rule 10 of the Private Clinic Rules; (b) the medical officer of health of the district where the premises are located submits a satisfactory report on the premises to the Board; (c) the medical practitioners or dentists providing services at the institution is the holder of a valid private practice licence issued under the Act to render medical or dental service at the institution; (d) all professional staff working or intending to work in the institution are qualified and are registered by the relevant registering authority as required; (e) the quality of health care to be provided at the institution shall be such as to comply with the minimum standards acceptable to the Board.

(3) For the purposes of this rule, the Board may issue guidelines which guidelines shall be subject to regular review.

Categorization of private medical institutions.

For purposes of licensing, the Board shall categorize registered approved private medical institutions as set out in the Schedule to these Rules, and shall determine the annual fees payable in respect of each category.

Services at institutions.

(1) Every licence issued to a private medical institution shall specify the nature of the services that may be provided by the institution.

(2) Sub-rule (1) shall not prevent the carrying out at a private medical institution in case of an emergency of any other treatment as may in the opinion of a medical practitioner, be necessary.

(3) Every licence shall state the maximum number of patients who may be accommodated in the institution at any one time, and may be limited to any particular class or classes of patients.

Refusal to register or license.

(1) Where the owner or managing body of a private medical institution does not comply with these Rules, the Board may refuse to register or licence the institution.

(2) The Board may refuse to renew the licence of a private medical institution which is operated in a manner that contravenes any provision of the Act or these Rules.

Revocation of licence.

(1) A licence may at any time be revoked by the Board (a) if the licensee wilfuly neglects or refuses to comply with any provision of these Rules or obstructs, impedes, or hinders any person carrying out any duties or responsibilities under the Act and these Rules; (b) if in the opinion of the Board, the private medical institution is managed in a manner contrary to these Rules or in such a manner that the revocation of the licence is required in the public interest; (c) if, after inquiry the Board finds that there has been professional misconduct.

(2) Where the Board refuses to grant registration, grant or review a licence, or cancels or revokes a licence, it shall inform the applicant or the licensee of its decision and the reasons therefor in writing.

(3) The proprietor of a private medical institution may request the Board to reconsider its decision under sub-rule (2) and the Board may comply accordingly.

Inspection of private medical institutions.

(1) All private medical institutions shall be subject to inspection by the Board.

(2) The operator of a private medical institution shall submit to the Board once in every six months list of (a) all medical practitioners and dentists in their employment; (b) all medical practitioners and dentists who are authorized to use their premises, indicating in each case the authorized place for use as a private clinic.

Responsibility of owner, etc.

of private medical institution.

(1) It shall be the responsibility of the owner and the managing body of a private medical institution to acquaint themselves fully with (a) the qualifications; and (b) the professional conduct, of all medical practitioners and dentists working at the private medical institution and they shall consult the Board in case of any doubt.

(2) The owner and the managing body of a private medical institution, as well as the medical practitioner or dentist concerned, shall be responsible for any instance of professional misconduct occurring within the premises about which they know or ought reasonably to have known.

Responsibilities of administrators of approved private medical institutions.

The administrators of private medical institutions shall ensure that no medical practitioners or dentists working there engages in private practice outside the areas of specialization and competence for which they have been licensed except (a) in cases of emergency; or (b) in cases where practitioners with the requisite specializations are not reasonably available.

Revocation of Part IV.

PART IV of the Medical Practitioners and Dentists (Private Practice) Rules is revoked.

SCHEDULE (r.

7) CATEGORIZATION OF PRIVATE MEDICAL INSTITUTIONS Category (I) Well established private hospitals in category A and B of the N.H.I.F.

Scheme.

Category (II) Medium size private hospitals in category C and D of the N.H.I.F.

Scheme.

Category (III) Hospitals, Maternity, and Nursing Homes in category E and below of the N.H.I.F.

Scheme.

Category (IV) Polyclinics, laboratories, radiology premises and other specialized clinics.

Category (V) Mission Hospitals.

Category (VI) Institutional clinics and dispensaries.

* Delete where inapplicable.

Delete where inapplicable Delete where inapplicable.

Delete where inapplicable.

* Delete where inapplicable PAGE 14 CAP.

253 Medical Practitioners and Dentists [Rev.

2011 PAGE 15 PAGE 15 Rev.

2011] Medical Practitioners and Dentists CAP.

253 PAGE 120 CAP.

253 Medical Practitioners and Dentists [Rev.

2012 PAGE 121 PAGE 121 Rev.

2012] Medical Practitioners and Dentists CAP.

253 [Subsidiary] First Schedule(Contd.) [Subsidiary].

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Frequently asked questions

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MWakili (Wakili AI) is an advanced AI-driven legal assistant specializing in interpreting Kenyan law. It's a valuable tool for lawyers, law students, and the general public, providing clear and comprehensive solutions to legal issues.
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