ADVOKS GLOBAL · KENYA
Clinical Officers (Training, Registration and Licensing) Act
20. Qualification for private practice
Edition: 2022-12-31 · In force
20. Qualification for private practice
(1)A person shall not engage in private practice as a clinical officer unless that person holds a valid practicing certificate issued under this Act.(2)No person shall engage in private practice as a clinical officer unless such a person—(a)is registered as a clinical officer under this Act;(b)has practiced as a clinical officer under a senior clinical officer or senior medical officer for a period of not less than three years; and(c)holds a valid practicing licence issued under this Act.(3)For the purposes of this Act, a person shall be deemed to engage in private practice if the person practices as a clinical officer—(a)on the person's own account and is entitled to receive the entire amount of all fees and charges earned for the person's own financial benefit; and(b)in partnership with others and is entitled to receive a share of the profits earned by such partnership and is liable to bear a share of any losses incurred by such partnership, but no person shall be deemed to engage in full time private practice where he is employed—(ii)by a state corporation as defined by the State Corporations Act; or(iii)by any person or partnership engaged in his profession where all fees and charges earned by him are to the benefit of his employer.(4)A person who engages in private practice as a clinical officer contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not more than five hundred thousand shillings, or to imprisonment for a term not less than one year, or to both.(5)The Council shall register and license medical centres and medical clinics for private practice by clinical officers.(6)No premises shall be used for the purpose of private practice unless such premises is inspected, registered and licensed by the Council.(7)The initial inspection for licensing shall be conducted by a joint inspection team or any relevant authorized body for the purposes of this Act.(8)The Council shall have power to enter any practice premises at all times, for the purposes of this Act.(9)A clinical officer licensed under this Act may, with respect to patients—(c)order laboratory and imaging investigations;(d)prescribe treatment; and(e)perform procedures, as per their scope of training.