Administration Regulations

 
THE CLINICAL OFFICERS (TRAINING, REGISTRATION AND LICENSING) ACT (Cap. 260)
 

IN EXERCISE of the powers conferred by section 16 of the Clinical Officers (Training, Registration and Licensing) Act, the Minister for Medical Services makes the following Regulations-

 
THE CLINICAL OFFICERS (TRAINING, REGISTRATION AND LICENSING) (PRACTISING) REGULATIONS, 2009
 
PART 1-PRELIMINARY
Citation. 1. 1. These Regulations may be cited as the Clinical Officers (Training, Registration and Licensing) (Practising) Regulations, 2009.
Interpretation. 2.In these Regulations unless the context otherwise requires-

“assessment” means the process of evaluating of a person’s suitability for registration under the Act by the Council;

“approved health institution” means a hospital or medical institution approved by the Council for the purposes of training persons who have completed the basic training course for the purposes of qualification for registrations as Clinical Officers;

“Clinical medicine” includes medicine, paediatrics and community health;

“Clinical surgery” includes surgery, reproductive health, Ear Nose and Throat, dentistry, anaesthesia, ophthalmology and cataract surgery;

“continuous professional development” means additional knowledge, skill or practice gained during a formal exposure after basic training;

“examination board” means examining consultants and tutors;

“an intern”means a person holding a diploma in Clinical medicine and surgery, a degree in Clinical medicine and community health or similar qualification recognized by the Council who is undergoing a prescribed period of training in an approved health institution;

“internship” means one year compulsory training undertaken by a person seeking to qualify for registration as a Clinical officer after completion of the basic training course in an approved training institution and may include any further institutional training recommended by the Council to be undertaken by a Clinical officer who had trained outside Kenya and who wishes to be registered by the Council or who has been assessed by the Council and been recommended for further training;

“prescribed courses” means the courses set out in the second Schedule to these Regulations and any other courses that the Council may consider necessary;

“registered” means registered as a Clinical officer under section 7 of the Act;

 

PART II- ADMINISTRATION

Committees of the Council..

3.(1) The Council shall, for the purposes of effectively carrying out its mandate under the Act, establish committees consisting of members of the Council to deal with such matters as the Council may specify.

(2) The Council shall establish-

  1. the Training Committee;

  2. the Registration and Assessment Committee;

  3. the Private Practice Committee;

  4. the Finance Committee;

  5. the Inspectorate Committee;

  6. the Disciplinary Committee;

  7. the Administration Committee; and

  8. any other committee that the Council may from time to time consider necessary.

(3) A committee shall be composed of not less than four and not more than seven members.

(4) A committee shall appoint its own Chairman and Secretary.

(5) The quorum of each committee shall be three.

(6) A committee shall sit as and when necessary depending on whether the committee has issues that require deliberation by that committee.

(7) A committee may co-opt such persons, as it deems appropriate to its membership.

(8) Each committee shall regulate its own working procedure.

(9) The Administrative Committee shall be composed of all Chairpersons of the Committees established by the Council under these Regulations.

(10) The decision of a Committee shall not bind the Council until it has been ratified by the Council before implementation.

 

4. Wherever under the Act there is a need for the Council to communicate to any Clinical officer, the Council shall communicate in writing sent to a Clinical officer by a registered post or by hand delivery whichever is most convenient.

 

PART III- TRAINING

Council to prescribe courses.

5. The Council shall with the approval of the Minister and in consultation with the heads of approved training institutions for Clinical Officers prepare prescribed courses of training for basic and post basic training.

Council’s power to determine minimum requirements..

6(1) The Council shall, in consultation with approved training institutions and the Directorate of Personnel Management prescribe the minimum academic requirements for admission in to the basic course to train as a Clinical officer;

(2) Subject to paragraph (1), an approved training institution shall not admit any person who does not have the minimum academic requirements to train as a Clinical officer.

(3) The Council shall satisfy itself that persons admitted to train in approved training institutions as Clinical Officers meet the required minimum academic qualifications.

(4) In order for the Council to exercise its powers under power (3), the Heads of the approved training institution shall avail to the Council for its perusal and records the names and qualifications of all persons admitted in the approved training institution to pursue training in Clinical medicine.

(5) Where the Council is satisfied that a person does not have the minimum academic qualifications has been admitted by the approved training institution to train as a Clinical officer, the Council shall request the Minister to discontinue the training of such a person and the Minister shall have the powers to discontinue the training of that person.

Council to determine number of students per class.

7. (1) The Council shall, in consultation with the Minister, determine the number of persons to be admitted by a training institution in a single unit or class for the purpose of training as a Clinical officer;

(2) In exercising its powers under sub-regulation (1), the Council shall ensure that no single unit or class exceeds fifty students per class;

(3) Subject to the provisions of sub-regulation (2), where the training institution exceeds the number of students per unit or class as prescribed, the minister shall require the training institution with recommendation of the Council to remove the excess number of students and provide an alternative unit or class and in addition the minister may undertake such disciplinary action against the institution as he shall deem appropriate;

Indexing.

8. Subject to the provisions of regulation 6, the Council shall index students on admission to training Institutions.

Duration of training.

9. (1) The period of basic training as a Clinical officer shall not be less than four years, including one year of compulsory internship;

(2) The academic year for all students pursing the basic training course in the training institutions shall run simultaneously and all students in corresponding years shall undertake the same theory examination at the same time.

(3) Approved training institutions shall agree on the academic year and the time when students shall undertake examinations.

(4) The results of the final qualifying examination declared by the Examination Board shall be final.

(5) The Council shall refuse to register any person who failed in the final qualifying examination.

(6) Upon completing their training course, the approved training institution shall award the successful students from the training institution with a diploma and the Leaving Certificate of the institution.

Prescribed courses for training.

10. (1) A person pursing a basic course in Clinical medicine shall be required to cover all the disciplines set out in part A of the Schedule to these regulations.

(5) Any Clinical Officer wishing to pursue a post basic course in Clinical medicine and surgery may select any of the disciplines set out in part B of the schedule to these regulations;

Tutors

11. (1) All tutors of Clinical medicine employed by an approved training institution shall-

Medico –legal cases & documents

12. A Clinical officer may handle medico-legal cases and fill the appropriate documents related to the cases.

Invasive procedures.

13. (1)A Clinical officer may perform the appropriate invasive surgical procedures in accordance with his training and area of specialization.

(2)Notwithstanding the generality of paragraph (1), a Clinical offer may perform the appropriate invasive surgical procedures in reproductive health, ophthalmology or cataract surgery, E.N.T, orthopaedics, anaesthesia and male circumcision.

Unlicensed Clinical officer .

14. A registered Clinical officer who undertakes or offers medical or surgical services without a valid licence commits professional malpractice and is to disciplinary action by the Council, and a penalty not exceeding five thousand shillings at the first instance and for every subsequent month or part of a month that he continues in practice the penalty payable shall be five hundred shillings.

 

PART III-PRIVATE PRACTICE PREMISES

Production of inspection report.

15. No Clinical officer shall be issued with a licence to open and operate a private clinic unless he has produced to the satisfaction of the Council, an inspection report in the prescribed form.

Licence to relate premises.

16. Every Private Practice licence shall be issued in respect of premises named therein and shall not be displayed in any other premises without the written permission of the Council.

Display of licence.

17. (1)A Licensee shall display his licence in a conspicuous place at the premises to which it relates.

(2) A Clinical officer who fails to display his licence in accordance with this provision commits professional malpractice and is liable to disciplinary action by the Council and a penalty not exceeding five thousand shillings.

Private clinic to be inspected.

18. (1) A Clinical officer managing a private clinic shall keep the private clinic open for inspection, by an authorized officer appointed by the Council, at all reasonable times.

 

(2) Any Clinical officer who without reasonable cause obstructs an authorized officer appointed by the Council while acting in the course of this duty commits professional misconduct and is liable to disciplinary action by the Council and a penalty not exceeding five thousand shillings.

 

PART IV- MISCELLANEOUS PROVISIONS

Licences are property of the Council.

19. (1) All the licences issued by the Council shall be property of the Council.

(2) Any person who, not being a Clinical officer holds or destroys any licence of the Council or refuses to surrender or produce such a licence commits an offence and is liable on conviction to a fine not exceeding five thousand shillings or imprisonment for a term not exceeding six months.

Professional Dress Code.

20. A Clinical officer, while on duty, shall at all times be dressed and groomed in such a manner to portray a respectable image of his profession to his patients and the public a as whole and in particular he shall observe and wear such insignia or uniform normally worn by Clinical Officers as may be prescribed from time to time by the Council.

 

21. All Clinical Officers shall, at all times, strictly observe the standards of ethics set in the Code of Professional Conduct for Clinical Officers.

 

22. (1) The Council may regulate the fees to be charged for consultations, visits, treatments and referrals in private clinics managed by Clinical Officers.

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

(3) The Council shall investigate and determine complaints relating to fees charged in private clinics by Clinical Officers.