ADVOKS GLOBAL · KENYA
Medical Practitioners and Dentists (Inquiry and Disciplinary Proceedings) (Procedure) Rules
39. Application for restoration to the register
Edition: 2022-12-31 · In force
39. Application for restoration to the register
(1)An application for restoration of the name of a person or the restoration of a license after removal or cancellation pursuant to sections 20 of the Act shall be in the prescribed form and accompanied by the prescribed fee.(2)All applications for restoration of the name on the register shall be accompanied by a certificate of identity and good character and signed by a medical practitioner or dentist or community oral health officer, as the case may be, of at least ten years’ standing.(3)A person making an application under subrule (1) shall give the names of three referees, two of whom shall be medical practitioners or dentists of consultant status or of at least ten years’ experience or a senior community oral health officer 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 Council 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 Registrar shall state to the Council the circumstances in which the applicant’s name was removed or erased from the register or the license cancelled and shall adduce evidence as to the conduct of the medical practitioner or dentist or community oral health officer since that time;(b)the chairperson shall then invite the applicant to address the Council if he so wishes, and adduce evidence as to his conduct since his name was erased from the register or the license was cancelled;(c)the Council may, if it thinks fit, receive oral or written observation on the applicant from anybody or person whose complaint resulted in the applicant’s name being erased from the register or license being cancelled.(5)At the close of the proceedings under this rule the Council shall record and the Chair shall pronounce the finding or determination of the Council.(6)Subject to the provision of this rule, the proceedings of the Council in connection with applications for restoration of the name of a medical practitioner or dentist or community oral health officer on the register or restoration of a licence after cancellation, as the case may be, shall be such as the Council may determine.