AGADVOKS GLOBALKENYA · ENGLISH
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Public Health Officers (Training, Registration and Licencing) Act

30. Qualification for private practice

Edition: 2022-12-31 · In force

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30. Qualification for private practice

(1)Subject to this Act, no person shall be qualified to engage in private practice as a public health officer or technician unless that person—
(a)is a Kenyan citizen;
(b)is registered under this Act;
(c)holds a valid practising certificate and annual licence issued under this Act;
(d)has served as a public health officer or technician under supervision for a period of not less than five years; and
(e)holds a certificate, diploma or a degree recognised by the Council under this Act.
(2)For the purposes of this Act, a person shall be deemed to engage in private practice if he practises as a public health officer or technician—
(a)on his own account and is entitled to receive the entire amount of all fees and charges earned for his own financial benefit;
(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 loses incurred by such partnership, but no person shall be deemed to engage in private practice where he is employed—
(i)by the Government or any other public body;
(ii)by a state corporation as defined by the State Corporations Act (Cap. 446); 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, notwithstanding that he is engaged in his professional capacity as a public health officer or technician.
(3)A person who engages in private practice as a public health officer or technician contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.
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Source: Kenya Law