The Medical Practitioners And Dentist (Amendment) Bill, 2026

SPECIALISSUE

Kenya Gazette Supplement No.55 (National Assembly Bills No.10)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2026

NAIROBl,11th March,2026

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |---------------------------------------------------------------|--------| | The Medical Practitioners and Dentists (Amendment) Bill,2026. | 265 |

NATIONAL ASSEMBLY RECEIVED

12MAR2026

DIRECTOR LEGAL SERVICES P.O.B041842-00100,NAIROBI

THE MEDICALPRACTITIONERS AND DENTISTS (AMENDMENT)BILL,2026

A Bill for

• AN ACTof Parliament to amend the Medical Practitioners and Dentists Act

ENACTED by theParliament ofKenya,as follows-

• 1.This Act may be cited as the Medical Practitioners and Dentists (Amendment) Act,2026.
• 2.The Medical Practitioners and Dentists Act,Cap 253 (in this Act referred to as the "principal Act"),is amended by deleting the Long Title and substituting therefor the following new Long Title

"An Act of Parliament to provide for the training, registration and licensing ofmedicalanddental practitioners, community oral health officers,dental technologists,optometrists and health institutions and for connected purposes"

• 3.Section 2 of the principal Act is amended-
• (a) by inserting the following new definitions in their alphabetical sequence-

"dentaltechnologist" means a person who has undergone the prescribed course or training in an approved institution,and holdsa post graduate degree,degree,higher diploma or diploma in dentistry";

"optometrist"means a person who has undergone the prescribed course or training in an approved institution,and holds a diploma,higher diploma or degree in optometry";

"optometry" means the examination,evaluation, diagnosis, treatment or performanceof preventive procedures related to diseases, disorders or conditions of the human visual system"

• (b) in the definition of the term "Council' by deleting the words"Kenya Medical Practitioners and Dentists Council and substituting therefor the words"Medical and Dental Council ofKenya";
• (c) by deleting the definition of the wordsprivate practice";and

Short title.

Amendment ofthe

long title.

Amendmentof section 2 of Cap.

253.

• (d) by deleting the definition of the words private practitioner".
• 4.Section 3 of the principal Act is amended in
• subsection (1) by deleting the words "Kenya Medical Practitioners and Dentists Councilappearing immediately after the words"known as the"and substituting therefor the words"Medical and Dental Council ofKenya"
• 5.Section 4 of the principal Act is amended-
• (a) inparagraph(b)
• byinserting the words "community oral health officers, dental technologists and optometrists"immediately after the word"practitioners";
• (b) inparagraph (c) byinserting the words "community oral health officers, dental technologists and optometrists"immediately after the word"practitioners";
• (c) by deleting paragraph (d) and substituting therefor the following new paragraph
• "d) maintain a record of students undertaking
• medical, dental, community oral health,dental technology and optometry studies";
• (d)in paragraph (g)by insertingthewords community oral health,dental technology and optometry"immediately after the word"dental";
• (e) in paragraph (h) byinsertingthewords "community oral healthofficers, dental technologists and optometrists"immediately after the word"practitioners";
• (f)inparagraph (i)
• byinsertingthe words community oral health officers, dental technologists and optometrists"immediately after the word"practitioners";
• (g)inparagraph (j) by inserting the words "community oral healthofficers, dental technologists and optometrists"immediately after the word"practitioners";and
• (h) in paragraph (0) by insertingthe words "community oral health officers, dental

Amendmentof section 3 of Cap. 253.

Amendment section 4 of Cap. 253.

technologists,optometrists"immediately after the word"practitioners"

• 6.Section 5 is amended in subsection (3) by inserting the following new paragraphs immediately after paragraph
• (c)-
• "(ca) a register of dental technologists;
• (cb)a register of optometrists;
• 7.Section 6 of the principal Act is amended
• (a) in subsection (5)(f)bydeleting theword 'temporary appearing immediately after.the words "Council for";
• (b) by inserting thef following new subsection immediately after subsection(5)-
• (5A)A person who-
• (a) is resident of Kenya;
• (b) is a holder of a degree or other qualification obtained from a university in Kenya or the East African Community which is recognized by the Council as making the person eligible for registration;
• ()presents proof of completion of internship;and
• (d) satisfies the Council that the person is a person of
• good moral standing;

may apply to the Council for registration as a medical

or dental practitioner;and

• (c)in subsection (6) by inserting the expression "(5A)" immediately after the expression (5);
• 8.The principal Act is amended by inserting the following new sections immediately after section 6-
• (b) is a holder of a degree or diploma obtained from a University or College inKenya orthe East African Community which is recognized by

Registration of

• 6A. (1) A person who

Community Oral Health Officers.

• (a) is a citizen of Kenya;

Amendment

section 5 on Cap. 253.

Amendmentof section 6of Cap. 253.

Insertion of new

sections in Cap. 253.

Registration of dental

technologist.

the Council as making the person eligible for registration;

• (c)presentsproofof completionon
• internship;and
• (d) satisfies the Council that the person is
• a person of good moral standing,

may apply to the Council for registration asa community oralhealth officer under this

Act.

• (2) An application made under subsection
• (1) shall be in the prescribed form and shall beaccompanied by the prescribed fees.

3. (3)The Council shall consider an application made under this section and shall register the applicant if satisfied that the applicant is- 4. (a) duly qualified in terms of this section; 5. and 6. proper person to be 7. (b)afitand registered. 8. 6B.(1) A person who 9. (a) is a citizen of Kenya; 10. (b) is a holder of a post graduate degree, degreeordiploma in dentistry obtained from aUniversity or College in Kenya or the East African Community which is recognized by the Council as making the person 11. eligible for registration;and 12. (c) satisfies the Council that the person is a person of good moral standing; registration as a dental technologist 13. may apply to the Council for under this Act.

• (2) An application made under subsection (1) shall be in the prescribed form and shall be accompanied by the prescribed fees.

Registration of an

optometrist.

Pre-registration

Examination.

• (3) The Council shall consider every

2. application made under this section and shall register the applicant if satisfied that the applicant is- 3. (a) duly qualified in terms of this section; 4. and 5. (b)a fit and proper person tobe 6. registered. 7. 6C.(1) A person who 8. (a) is a citizen of Kenya; 9. (b) isa holder of a degree or diploma obtained from a University or College in Kenya or the East African Community which is recognized by the Council as making the person eligible for registration;and 10. (c) satisfies the Council that the person is a person of good moral standing, may apply to the Council forregistration as 11. an optometrist under this Act.

• (2) An application made under subsection (1) shall be in the prescribed form and shall be accompanied by the prescribed fees.
• (3) The Council shall consider every application made under this section and shall register the applicant if satisfied that the

14. applicant is- 15. (a) duly qualified in terms of this section; and 16. (b) a fit and proper person to be 17. registered. 18. 6D. A person who intends to be registered as a community oral health officers,dental technologists or optometrists under this Act undertake a pre-registration 19. shall examination.

• 9.Section 8 of the principal Act is amended-
• (a) in subsection (4) by-
• (i) deleting the words "1st July"appearing and substituting therefor thewords 31st
• immediately after the words "not later than March";and
• (i) inserting the words "and email"immediately
• after the words"registered post";and
• (b)insubsection (5)byinsertingthewords "community oralhealth officer,dental technologist and optometrist"immediately after the word "dentist".
• 10.Section 9 of the principal Act is amended in
• (a) subsection (l) by-
• (i inserting the words"community oral health officer,dental technologist and optometrist immediately after the word"dentist";
• (ii) deleting the word "March" appearing immediately after the words"not later than
• and substituting therefor the word"January";
• (ili) inserting the word license status immediately after the word"qualifications";and
• (iv) inserting the words"community oral health officer,dental technologist and optometrist" immediatelyafter theword "dental practitioners";and
• (b) subsection (2) by-—
• i inserting the words "community oral health officer,dental technologist and optometrist immediately after the word "dental practitioner";
• 11.Section 10 of the principal Act is amended by inserting the wordscommunity oral health officer,dental technologist and optometrist"immediately after the words
• "dental practitioners";
• 12.Section 11B of the principal Act is amended in-

Amendment of section 8ofCap. 253.

Amendmentof section9 ofCap. 253.

Amendment of section 10 of Cap. 253.

Amendment of section 11Bof Cap.253.

• (a) subsection (2)(a)by deleting thewords "recognized bythe Council" appearing immediately after the eword"training" and substituting therefor the words "of at least three years";and
• (b) subsection (4) (b) by deleting the word "six" and substituting therefor the word"twelve".
• 13.Section 12 of the principal Act is amended in the marginal note by deleting the word "Specialist"and substituting therefor the word"Practicing"
• 14.Section 13 of the principal Act is amended by inserting the following new subsection immediately after subsection(5)-
• (6) The Council may grant temporary licenses to
• practice to eligible medical or dental practitioners to perform specific work or works in specific institutions in Kenya.
• (7) A temporary license issued under subsection (6) shall be for a period not exceeding three months.
• 15.Section 15 of the principal Act is amended in subsection 9)元 by inserting the word "suspend" immediately after the word"renew"
• 16.The principal Act is amended by deleting section 15A and substituting therefor the following new section

Professional indemnity.

• 15A.(1) Every medical practitioner shall in each year take a professional indemnity cover as a requirement for being issued with a practicing license.
• (2) Every owner or operator of a health institution shall in each year insure the health institution against professional liability of the employees of the health institution.
• (3)Notwithstanding subsection (1),the Council may exempt the requirement of professional indemnity in cases where a medical practitioner proves that they are not engaging in practice.

Amendment of

section 12 of Cap. 253.

Amendment of

section 12 of Cap. 253.

Amendment of section 15 of Cap.

253.

Amendment of section 15Aof Cap.253.

• 17.Section 16 of the principal Act is amended
• electronicmedia" immediately after the word "Gazette"; and
• (b) byinserting thewords "andtheofficial communication platformsofthe Council" immediately after the word"Gazette"
• 18.Section 17 of theprincipal Act is amended
• (a) in the marginal note by deleting the words"section 15"and substituting therefor with the words section 12
• (b) by deleting the words "section 15" appearing
• and 14";and
• immediately after the words"licensed under"and substituting therefor the words "section 12 and 14".
• 19.Section 18 of the principal Act is amended by-
• (i) deletingtheword "qualified" appearing immediately after the words"signed by a duly and substituting therefor the words "registered and licensed";and
• (ii) deleting thewords"section 13" appearing
• immediatelyaftertheword"under"and substituting therefor the words "sections 12 and 14"
• 20.Section 20 of the principal Act is amended in subsection (6) (f) by deleting the word "permanently"
• 21.The principal Act is amended in section 22 by
• (a) deleting the marginal note and substituting
• therefor the following new marginal note

"Offences and penalties"

• (b)inserting the following new subsection immediately after subsection(5)-—
• (6)(1)A person who
• (a) willfully procures or attempts to procure 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 orally or in writing; and

Amendment of section 16 of Cap. 253.

Amendment of section 17 of Cap. 253.

Amendmentof

section18 of Cap. 253.

Amendment of section 20 of Cap. 253. Amendmentof section 22 of Cap. 253.

• (b) aids or assists a person to fraudulently procure a registration or license,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding twelve
• months or to both.
• (2) The Registrar shall,upon conviction of a person under this sub-section,remove the name of the person from the register or cancel the license of the practitioner,as the case may be.
• (7) A person who detains a patient or body of a deceased person due to unpaid medical bills commits an offence and shall be liable upon conviction to a fine not exceeding five million shillings or to a term of imprisonment not exceeding five years or to both.
• 22.Section 26 of the principal Act is amended-
• (a) in subsection (l) by deleting the words "Kenya Medical Practitioners andDentists Council" appearing immediately after the words "enforceable by or against" and substituting therefor the wordsMedical and Dental Council of Kenya".
• (b) in subsection (2) by deleting the words Kenya Medical Practitioners and DentistsCouncil appearing immediately after the words"employees of theand substituting therefor thewords
• "Medical and Dental Council of Kenya"
• (c) by inserting the following newsubsection immediately after subsection 4
• (5) Notwithstanding anything in this Act-
• (a) a person who,immediately before the date of coming into operation of this Act,was in active practice under the style and names of"Community Oral Health Officer","Dental Technologist"or "Optometrist",having previously been awarded a certificate after a prescribed course of training at an approved training institution,and who had not been the subject of any disciplinary or other criminal proceedings arising from the practice in

Amendment of section 26of Cap. 253.

the three years preceding the commencement of this Act shall be entitled to beregistered under this Act;

• (b)a person who immediately before the date of commencement of this Act was engaged in private practice as a community oral health officer,dental technologist or optometrist shall be entitled to continue in such practice without a license under thisAct-
• (i) for a period of one year beginning with the date ofthe commencement of thisAct;and
• (i) if before the expiration of six months, the person applies for a license under this Act, until the license is granted or finally refused or the application is withdrawn;
• (c)a holder ofa degree or diploma in community oral health,dental technology or optometry who intends to undertake internship training shall,at the commencement of this Act,apply for an internship license to the Council in the prescribed form and the internship license shall be valid for a period not exceeding twelve months within a practicingyear
• (d) the council shall grant temporary licenses to eligible foreign dental technology students to perform specific works or work in specific
• institution in Kenya.

MEMORANDUM OFOBJECTSANDREASONS

Statement of Objects and Reasons for the Bill

The principal objective of this Bill is to amend the Medical Practitioners and Dentists Act. Cap 253 to provide for the regulation of community oral health officers,dental technologists and optometrists. Further,the Bill seeks to provide for the registration of foreign practitioners who are resident in Kenya. The Bill also seeks to curb fraudulent procurement of registration licensesby thevarious practitioners.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

The Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms.

Statement on whether the Bill concerns County Governments

The Bill does concerns county governments in terms of Article 110(1)(a) of the Constitution.

Statement that the Bill is not a money Bill within the meaning of

Article 114 of the Constitution

This Bill is not a money Bill within themeaning of Article 114 of the Constitution.

Dated the 3rd March,2026.

DUNCANMAINA MATHENGE,

Member of Parliament.

Section 2of Cap.253which it isproposed to amend

2.Interpretation

In this Act,unless the context otherwise requires-

"assessment"means the determination of the suitability for

registration under the Actby means of oral or written examination or both;

"Board"deleted by Act No.5 of 2019, Sch.

"Cabinet Secretary"means the Cabinet Secretary for the time being responsible for matters relating to health;

"Councilmeans the Kenya Medical Practitioners and Dentists

Council established under section 3;

"community oral health"means the provision of curative, preventive and promotive oral health care;

"community oral health officer", means a person who has undergone the prescribed course of training in an approved institution,and

holds a diploma,higher diploma or degree in community oral health;

"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;

general practicemeans the practice of general medicine or

dentistry other than specialist practice as defined in the Act;

""health facility" has the meaning assigned to it in the Health Act,

(No.21of2017);

"health institution" means a facility that is operated or designed to provide in-patient or out-patient treatment,diagnostic or therapeutic interventions,nursing,rehabilitative,palliative,convalescent,preventative or other health service for public and private use by medical and dental practitioners;intern" means a person holding a medical or dental degree or its equivalent recognized by the Council or a person who haspassed the internship qualifying examination,who is undergoing a prescribed period

ofinternship in a recognized institution;

"internship"means a prescribed period ofemployment during which a medical or dental graduate works under supervision to fulfill registration

requirements;

"internship qualifying examination"means a written or oral

examination or both which determines the suitability of foreign trained graduates who holds a degree recognized by the Board to undergo internship;

"license" means an annual practising license issued under section 12

of this Act;

"medical practitioner"means a person registered under this Act as a medical practitioner;

"pre-registration examination"means a written or oral examination or both which determines the suitability for registration under section 6(3) ofthe Act;

"private practice"means the practice of medicine or of dentistry, as

the case may be,for a fee either in kind or cash;

private practitionermeans 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;

"professional misconduct"means a seriousdigression from established or recognized standards or rules of the profession, that includes a breach of such codes of ethics or conduct as may be prescribed for the profession from time to time;

"register" means the register of medical practitioners, dental practitioners and health institutions for public and private practice which the Council is required by section 5 to keep;

"Registrar"means the Registrar of Medical Practitioners and Dentists constituted by section 5.

"specialist" means a medical practitioner or dentist who has completed an approved post graduate training programme in a particular field of medicine or dentistry, and who has thereafter gained sufficient experience and demonstrated to the Council's satisfaction adequate knowledge and skill,in his chosen field;

specialist practice"means the practice of medicine or dentistry in a specialized field;

Section3of Cap.253which it is proposed to amend

3.Establishment of the Council

• (1) There is established a Council to be known as the Kenya Medical

2. Practitioners and Dentists Council.

• (2)The Council shall be a body corporate with perpetual succession and a common seal and capable,in its corporate name,of
• (a) suing and being sued;
• (b) taking, purchasing or otherwise acquiring,holding, charging and disposing of movable and immovable property;and
• (c) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act as may lawfullybe done orperformed by a body corporate.

Section 4 of Cap.253which it isproposed to amend

• 4.Functions of the Council
• (1) The functions of the Council shall be to
• (a) establish and maintain uniform norms and standards on the learning of medicine and dentistry in Kenya;
• (b) approve and register medical and dental schools for training of medical and dental practitioners;
• (c) prescribe the minimum educational entry requirements for persons wishing to be trained as medical and dental practitioners;
• (d) maintain a record of medical and dental students;
• (e) conduct internship qualifying examinations,preregistration examinations,and peer reviews as deemed appropriate by the Council;
• (f) inspect and accredit new and existing institutions for medical and dental internship training in Kenya;
• (g) license eligible medical and dental interns;
• (h) determine and set a framework for professional practice of medical and dental practitioners;
• (i) register eligible medical and dental practitioners;
• (ji) regulate the conduct of registered medical and dental practitioners and take such disciplinary measures for any form of professional misconduct;
• (k)register and license health institutions;
• carry out inspection of health institutions;
• (m) regulate health institutions and take disciplinary action for any form of misconduct by a health institution;

• (n) accredit continuous professional development providers;
• (o) issue certificate of status to medical and dental practitioners and health institutions;and
• (p) do all such other things necessary for the attainment of all or any part of its functions.

Section 6ofCap.253which it isproposed to amend

• 6.Registration of medical practitioners and dentists
• (1)A person who
• (a) is a citizen of Kenya;
• (b) is a holder of a degree or other qualification obtained from a University in Kenya or the East African Community which is
• recognized by the Council asmaking him eligible for registration;
• (c)presentsproof of completion of internship;and
• (d) satisfies the Council that he is a person of good moral standing may apply to the Council for full registration as a medical or dental practitioner under this Act.
• (2)A person who-
• (a) is a citizen of Kenya;
• (b) is a holder of a degree or other qualification obtained from a University outside Kenya or outside the EastAfrican Community which is recognized by the Council as making him eligible for registration;
• (c)haspassed the internship qualifying examinations;
• (d) presents proof of completion of internship;and
• (e) satisfies the Council that he is a person of good moral standing may apply to the Council for full registration as a medical or dental practitioner under this Act.
• (3)A person who-
• (a) is a citizen of Kenya;
• (b) is a holder of a degree or other qualification obtained from a University outside Kenya or outside the East African Community
• which is recognized by the Council as making him eligible for registration;

• (c)presents proof of completion of internship in the country in which he trained;
• (d) haspassed pre-registration examination;and
• (e) satisfies the Council that he is a person of good moral standing, may apply to the Council for full registration as a medical or dental practitioner under this Act.
• (4)Aperson who-
• (a) is a citizen of the East Affican Community;
• (b) is a holder of a degree or other qualification recognized by the Council as making him eligible for registration;
• (c)presents proof of registration in their country of origin;and
• (d) satisfies the Council that he is a person of good moral standing. may apply to the Council for reciprocal registration as a medical or dental practitioner under this Act.
• (5)Apersonwho
• (a) is not citizen of Kenya or of a partner state of the East African Community;
• (b) is a holder of a degree or other qualification recognized by the Council asmaking him eligible for registration;
• (c)presents proof of registration from the country of origin or any other jurisdiction;
• (d) satisfies the Council that,he has acquired sufficient knowledge of,and experience in,the practice of medicine or dentistry as the case may be;
• (e) satisfies the Council that he is a person of good moral standing; and
• (f) has passed an examination prescribed by the Council,may apply to the Council for temporary registration as a foreign medical or dental practitioner under this Act as is prescribed in regulations.
• (6)An application made under subsections (1),(2),(3),(4) or (5) shall bein theprescribed form and shall be accompanied by theprescribed fee.
• (7)The Council shall consider every application made under this section and shall register the applicant if satisfied that the applicant is
• (a) duly qualified in terms of this section; and

(b)a fit and proper person to be so registered.

• Section 8of Cap.253which it is proposed to amend

8.Correction of register

• (1)The Registrar shall from time to time make any necessary alterations and corrections in theregister 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 ofa 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 anyregistered medical practitioner or dentist.

Section9 of Cap.253which it is proposed to amend-

9.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 3lst March, publish in the print or electronic media,as approved by the Board,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.

Section 11Bof Cap.253which it is proposed to amend

11B. Recognition of specialists

• (1) The Council may recognize a medical or dental practitioner as a specialist in any of the fields under the Act or the rules thereunder.

2. (2)A medical or dental practitioner shall be recognized as a specialist if the medical or dental practitioner- 3. (a) is a holder of a post graduate qualification equivalent to masters' degree in medicine or dental surgery awarded after a period of training recognized by the Council;and 4. (b) has at least two years'experience after obtaining the post graduate qualification under the supervision of a recognized specialist.

• (3) The Council may recognize a medical or dental practitioner as a subspecialist in any of the fields under the Act or the rules thereunder.(4) A medical or dental practitioner shall be recognized as a sub-specialist if the medical or dental practitioner

6. (a) possesses a basic specialist qualification in his or her discipline; 7. (b) has at least six months training;and 8. (c) has at least one-year experience under the supervision of a 9. recognized sub-specialist.

Section 12 of Cap.253which it is proposed to amend-

12. Specialist licences

• (1) The Council shall issue in accordance with this section and rules made under this Act,general, specialist and any other practising licences as the Council shall determine from time to time authorizing medical practitioners and dentists named therein to practice medicine or dentistry.
• (2) An application for a practising licence under subsection (1) shall be made to the Council in the prescribed form and accompanied by the prescribed fee.
• (3) All medical practitioners and dentists shall be required to satisfy the Council's requirement for continuing professional development before the renewal of annual practising licences.

4. (4) A practising licence shall bear the date of day on which it is issued and shall have effect from that day: Provided that a practising

effect,for all purposes,from thebeginningof thatmonth.

• (5) The practising year for a practising licence shall be from the first

2. of January to the thirty-first of December:

Provided that the Council,in consultation with the Cabinet Secretary,

may,by order in the Gazette,alter the practising year and the order may make such transitional provisions regarding incidental matters as may be expedient.

• (6)A practising license shall expire at the end of the practising year in which it was issued:

Provided that,where the name of a medical or dental practitioner is removed or struck off the register, the practising license,if any, shall expire forthwith.

Section 13 of Cap.253 which it is proposed to amend

13.Internship and temporary licences

• (1)A medical and dental graduate who intends to undertake
• internship training shall apply to the Council in the prescribed form and upon payment of the prescribed fee for an internship licence.
• (2) If the Council is satisfied that the graduate meets the set requirements,it shall issue the graduate an internship licence with or
• without conditions on the licence.
• (3) The Council shall grant temporary licences to eligible foreign
• medical and dental students to perform specific work or works in specific institutions in Kenya.
• (4) An internship licence issued under subsection (2) shall be for a period not exceeding twelve months within a practising year.
• (5) A temporary licence issued under subsection (3) shall be for a period not exceeding twelve months within a practising year and may be
• renewed.

Section 15of Cap.253which it isproposed to amend

15. Registration of health institutions

• registration of a health institution in the prescribed form which shall be accompanied by the prescribed fee.

• (2) Where the applicant satisfies the Council that the institution

2. meets the requirements for registration,the Council shall register the facility as an approved health institution. 3. (3)The Council shall issue to every approved health institution registered under this Act,a certificate of registration in the prescribed 4. form.

• (4) The Council shall issue in accordance with this section and rules made under this Act,a licence authorizing the use of any premises as a

6. health institution.

• (5) An application for a licence under subsection (4) shall be made to the Council in theprescribed form and accompanied by theprescribed fees and shall be made on or before the thirtieth of October of each practising year.

8. (6) A licence issued under this section shall bear the date of day on which it is issued and shall have effect from that date:Provided that a licence issued during the first month of any practising year shall have effectfor all purposes from the beginning of that month. 9. (7)A licence issued under this section shall be displayed in a conspicuousplace at the health institution to which the licence relates.

• (8) A licence issued under this section shall specify the nature of services that may beprovided by the health institution.

11. (9)The Council may decline to renew,cancel, withdraw or revoke any licence issued under this section, if it is satisfied that the health 12. of the Act or any regulations made under this Act.

• (10) A health institution registered under this Act shall be inspected

14. by the Council.

• (11) No premise shall be used by any person as a health institution unless it is registered and licenced for such use by the Council.

16. Section 15A of Cap.253whichit isproposed toamend

15A.Professional indemnity

Every practitioner shall in each year take a professional indemnity institution againstprofessional liability of its staff.

Section 16 of Cap.253which it is proposed to amend

16.Licences to be published in Gazette

The issue and the cancellation,revocation or withdrawal of a licence undersection 13 or section 15 shall bepublished in theGazette.

Section 17of Cap.253which it is proposed to amend

17. 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.

Section 18 of Cap.253which it is proposed to amend

18.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 personregistered 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.

Section 20 of Cap.253which it is proposed to amend

20.Disciplinary proceedings

• (1) Any person who is dissatisfied with any professional service offered,or alleges a breach of standards by a registered or licensed person under this Act,may lodge a complaint in the prescribed manner to the

2. Council.

• (2) )The Council may, or through a committee appointed for that purpose, inquire into any complaint of professional misconduct, malpractice or any breach of standards.
• (3) Upon an inquiry held by the Council to determine the complaint made under subsection (2), the person whose conduct is being inquired into shall be afforded an opportunity of being heard,either in person or through a representative.
• (4) For purposes of proceedings at any inquiry held under this

6. section,the Council may administer oaths, enforce the attendance of witnessesand production of books and documents. 7. (5) The Council shall regulate its own procedure in disciplinary 8. proceedings. 9. (6) Where after an inquiry, the Council determines that a person is guilty, the Council may 10. (a) issue a caution or reprimand in writing;

• (b) direct a medical practitioner or dentist to undergo remedial training for a period not exceeding twelve months;
• (c) direct the medical practitioner or dentist be placed on probation for a period not exceeding six months;
• (d) suspend,withdraw or cancel the practising licence of a medical practitioner or dentist for a period not exceeding twelve months;
• (e) suspend,withdraw or cancel the licence of a health institution or a section of the health institution for a period not exceeding twelve months;
• permanently remove the name of a medical practitioner or dentist from the registers under section 5(3);or
• (g) in addition to the penalties stipulated in paragraphs (a),(b), (c), (d),(e) or (f),impose a fine which the Council deems appropriate in the circumstance.
• (7) A person or health institution whose licence has been withdrawn or cancelled under subsection (6),shall forthwith surrender the license to the Council.
• (8) A person or health institution whose name has been removed from the register under subsection (6)(f) shall forthwith surrender the registration certificate to the Council.
• (9) A person aggrieved by a decision of the Council made under subsection (6) may,within thirty days from the date of the decision of the Council, appeal to the High Court.
• (10) Notwithstanding the provisions of section 3A (5),the Council shall not remove the name of a person from the register under subsection (6) unless at least seven members of the Council are present in the inquiry.

Section 22 of Cap.253which it isproposed to amend

22.Penalty for unregistered and unlicensed person practising

• (1) A person who is not registered or licensed, including a person aiding or assisting therein,under this Act, and makes or produces or causes to be made or produced any false or fraudulent presentation or declaration either orally or in writing,commits an offence and shall be liable,on conviction,to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or to both.
• 2) Any person who falsely takes or uses any name, title or addition implying a qualification to practice medicine or dentistry or who not being registered or licensed under this Act,practices or professes to practice or

publishes his name as practising medicine or dentistry, commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or toboth.

• (3) Any person who uses the title"doctor"unless he is registered or licensed under this Act as a medical practitioner or dentist or has acquired doctoral qualifications or has obtained such qualifications which entitles him to use that title, commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or to both.

2. (4) Any person who,while in charge ofa health institution,employs or engages the services of another person as a medical practitioner or dentist who is not registered and licenced under this Act, commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or imprisonment for a term not exceeding five years or to both. 3. (5)A person who uses premises as a health institution which premises is not licensed as a health institution commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or imprisonmentfora term not exceeding fiveyears or toboth.