Practicing 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-

“advertise” means to issue or cause to be issued a sign, notice circular, label or wrapper or to make any announcement orally or by means of producing light or sound;

“approved medical institution” means a government, religious, Private hospital or Nursing or Maternity Home which the Council has declared to be an approved institution;

“Clinical laboratory” means premises for examining specimen for purpose of providing information on diagnostic treatment or prevention of disease;

“First Aid” means initial medical treatment or help given to a sick or injured person before referral to health facility;

“licence” means any of the class of licenses issued under these regulations;

“licensee” means any Clinical officer issued with a valid license;

Non-Governmental health institution” means a health institution which is not subsidized by the exchequer.

“part time practice” means the practice conducted by an Clinical officer who is employed, in his own clinic during those times when he is not officially on duty;

“private clinic” means any health clinic where private practice is carried out;

“medical centre” means any health institution with a maximum of ten beds where private practice is carried out by a Clinical officer;

“medico-legal cases” means medical cases that may attract redress in court of law such as assault, rape, road traffic and industrial accidents;

“medico-legal documents” means P3 forms, death certificate, medical examination certificates, workman compensation forms and insurance forms.

Application forpracticing license.

3.(1) A registered Clinical officer who wishes to practice as a Clinical officer shall apply to the Council for a licence in the prescribed form.

(2) A licence issued under these Regulations shall permit the licensee to-

  1. render medical or surgical services as an intern;

  2. render medical or surgical services in a non-Governmental health institutions;

  3. render medical or surgical services in Government health institutions;

  4. engage in locum practice;

  5. engage in part time practice; or

  6. engage in Full Time Private practice in a clinic or a medical centre.

(3) Where an applicant has satisfied the conditions for the issue of any of the above classes of licenses, the Registrar shall, within a period not exceeding fourteen days from the date of receipt of the application, issue the applicant with the licence.

 

PART II- PRIVATE PRACTICE

Private practitioners.

4. A Clinical officer issued with a license to engage in private practice under regulation (3) (f) shall-

  1. write and display his name and qualifications in an unostentatious manner and in accordance with the Code of Professional Conduct applicable to Clinical Officers:

    Provided that Clinical Officers shall not use any word to imply that a private clinic or a medical centre is a hospital or nursing home;

  2. keep in his private clinic adequate stock of essential drugs and maintain an accurate record of all drugs to which the Pharmacy and Poisons Act and the Dangerous Drugs Act applies;

  3. immediately notify the Medical Officer of Health in his area of practice any notifiable disease which has been treated at his clinic; and

  4. where death occurs in his clinic, inform the Medical Officer of Health in his area of practice and the Officer Commanding Police Division in that area, without delay.

Terms and conditions of private practice.

(1) The Council may refuse to issue, cancel, withdraw, suspend, refuse to renew or revoke any licence where the Council has reasonable grounds to believe that the licensee or applicant is in breach of any of the provisions of the Act, and in particular the Council shall suspend, cancel, withdraw, revoke or refuse to renew or issue a licence to a person, though qualified to be licensed who has-

  1. been incapacitated by age, illness or any other justifiable reasons;

  2. become a drug addict;

  3. been found guilty of a criminal offence affecting his profession as a Clinical officer;

  4. been found guilty of professional malpractice or misconduct in respect to his calling.

(2) Where the Council is to exercise its powers under paragraph (1), the Council shall give the licensee or applicant an opportunity to be heard in person before the Council.

(3) A licensee or applicant who is aggrieved by the decision of the Council under this regulation, may appeal within sixty days from the date of that decision to the Medical Board of Health.

Employment of assistant.

7. (1) A Clinical officer may employ as an assistant any person who has undergone a approved training in Clinical medicine, dentistry, nursing or midwifery from an approved training institution to undertake defined duties under the immediate supervision of the Clinical officer.

(2) Where a Clinical officer employs an assistant who does not have medical training, the Clinical officer shall ensure that assistant does not undertake any form of medical treatment.

Radiological and Clinical laboratories.

8. (1) A Clinical officer shall not include a Clinical radiological laboratory in his clinic unless the Clinical officer has employed a qualified radiographer who shall be solely responsible for the Clinical radiological laboratory.

(2) A Clinical officer shall not include a Clinical laboratory in his clinic unless the Clinical officer has engaged the services of a qualified medical laboratory technologist or technician who shall be responsible for undertaking laboratory investigations of all the specimen of the patients.

(3) Subject to these Regulations, nothing therein shall prevent a qualified medical laboratory technician or technologist from undertaking any tests in any Clinical laboratory where the necessary equipment is available.

Locum practice licence.

9. A Clinical officer who wishes to practice as a locum shall apply for a licence in the prescribed form.

Part-time practice licence.

10. Where a Clinical officer in employment applies to be issued with a part-time licence to engage in part-time practice he shall at the time of application produce an approval in writing from his present employer.

Mobile or out-reach clinics.

11. The Council may licence any Clinical officer who satisfies the conditions of the Act to operate a mobile clinic or out-reach services in hardship or nomadic area of the Republic.

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.