Medical Laboratory Technicians and Technologists Act: Laws of Kenya
Medical Laboratory Technicians and Technologists Act: Laws of Kenya
Medical Laboratory Technicians and Technologists Act: Laws of Kenya
253A
Medical Laboratory
Technicians and Technologists
LAWS OF KENYA
CHAPTER 253A
CHAPTER 253A
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Section
30. Disciplinary measures.
31. Lifting of suspension.
32. Restoration of the name in the register.
PART VI – FINANCIAL PROVISIONS
33. Funds of the Board.
34. Financial year.
35. Annual estimates.
36. Investment of funds.
37. Accounts and audit.
PART VII – MISCELLANEOUS PROVISIONS
38. Certificates.
39. General penalty.
40. Regulations.
SCHEDULE –
PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF
THE BOARD
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CHAPTER 253A
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Medical Laboratory Technicians and Technologists
Act, 1999.
2. Interpretation
In this Act, unless the context otherwise requires—
“approved training institution” means the Kenya Medical Training
College or such other training institution as the Board may approve for the
purposes of this Act;
“Association” means the Association of Kenya Medical Laboratory
Scientific Officers;
“Board” means the Kenya Medical Laboratory Technicians and
Technologists Board established by section 3;
“College” means the Kenya Medical Training College established by the
Kenya Medical Training College Act, 1990 (No. 14 of 1990);
“Committee” means the Disciplinary Committee of the Board established
by section 28;
“health institution” means a hospital, nursing home, convalescent home,
maternity home, health centre, dispensary or other institution where health or
medical services are rendered;
“hospital laboratory” means a facility in a health institution in which
medical laboratory analysis and investigations are carried out;
“laboratory technician” and “laboratory technologist” mean a “medical
laboratory technician” and a “medical laboratory technologist” respectively;
“medical laboratory” includes any facility where medical laboratory
analysis and investigations are carried out and includes a hospital laboratory;
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(e) open a banking account or banking accounts for the funds of the
Board; and
(f) invest any funds of the Board not immediately required for its purposes
in the manner provided in section 38.
8. Conduct of business and affairs of the Board
(1) The conduct and regulation of the business and affairs of the Board shall
be as provided in the Schedule.
(2) Except as provided in the Schedule, the Board may regulate its own
procedure.
9. Delegation by the Board
Subject to this Act, the Board may, either generally or in any particular case,
delegate to any committee of the Board or to any member, officer, employee or
agent of the Board, the exercise of any of the powers or the performance of any of
the functions or duties of the Board under this Act.
10. Remuneration of Board members
The Board shall pay its members such remuneration, fees or allowances for
expenses it may determine.
11. Staff of the Board
The Board may appoint such officers and other staff as are necessary for the
proper discharge of its functions under this Act, upon such terms and conditions
of service as the Board may determine.
12. Protection from personal liability
No matter or thing done by a member of the Board or by any officer, employee
or agent thereof shall if the matter or thing is done bona fide for executing the
functions, powers or duties of the Board, render the member, officer, employee or
agent personally liable to any action, claim or demand whatsoever.
13. Liability of Board for damages
The provisions of section 12 shall not relieve the Board of the liability to pay
compensation to any person for any injury to him, his property or to any of his
interests caused by the exercise of any power conferred by this Act or by the failure,
whether wholly or partially, of any works.
PART III – REGISTRATION OF LABORATORY
TECHNICIANS AND TECHNOLOGISTS
14. The Registrar
The Chief Medical Laboratory Technologist in the Ministry shall be the Registrar
of the Board and shall perform such duties as are prescribed by this Act.
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15. Registration
(1) A person who—
(a) has successfully attended a course of instruction for laboratory
technicians or technologists prescribed by the Board pursuant to
subsection (2) of section 5, at any approved training institution in
Kenya; or
(b) has attended a course of instruction for laboratory technicians or
technologists recognised by the Board as equivalent to the course
prescribed under subsection (2) of section 5, at any training institution
outside Kenya approved by the Board; or
(c) holds such other qualifications as the Board may prescribe; and
(d) has completed such approved period of probation as may be
prescribed by the Board,
may apply to the Board for registration under this Act.
(2) Every application under subsection (1) shall be in the prescribed form and
shall be accompanied by such fee as may be prescribed.
(3) The Board shall consider every application made under this section and
shall register the applicant if satisfied that the applicant is—
(a) duly qualified in terms of this section; and
(b) a fit and proper person to be so registered.
(4) The Board shall register every qualified person by entering his name,
address, professional qualifications and such other particulars as the Board may
prescribe, in the appropriate register kept for that purpose pursuant to section 16.
(5) The Board shall, on payment of the prescribed fee, issue to every person
registered under this Act, a certificate of registration in the prescribed form.
16. Registers to be kept
(1) The Registrar shall maintain—
(a) a register of medical laboratory technicians; and
(b) a register of medical laboratory technologists,
in such form as the Board may prescribe.
(2) The Registrar shall, not later than the 31st March in every year, cause to be
published in the Gazette, the names and addresses of all laboratory technicians
and technologists registered in the previous year.
17. Removal of names from the register
(1) The Registrar shall remove from the register—
(a) the names of all deceased persons;
(b) the names of all persons struck off the register under section 32;
(c) any entries fraudulently or erroneously made.
(2) The Registrar shall cause the name and address of every person whose
name is removed from the Register under this section, to be published in the
Gazette within one month from the date of such removal.
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(3) A person who breaches any term or condition prescribed by the Board
under this section commits an offence and shall be liable on conviction to a fine
not exceeding one hundred thousand shillings, or imprisonment for a term not
exceeding twelve months, or to both.
PART V – DISCIPLINE
26. Disciplinary Committee
(1) There is established a Disciplinary Committee of the Board which shall
consist of—
(a) the chairman of the Association who shall be the chairman of the
Committee;
(b) one representative of the Minister who shall not be a member of the
Board;
(c) one representative of the Attorney-General;
(d) the Registrar who shall be the secretary; and
(e) one technician from private practice nominated by the Board, who
shall not be a member of the Board.
(2) The quorum of the Committee shall be all five members.
27. Reference of matters to the Committee
If the Board has reason to believe in respect of any registered person that such
person, either before or after he became registered—
(a) has been convicted of an offence punishable by imprisonment, the
commission of which in the opinion of the Board, has dishonoured him
in the public estimation; or
(b) has been guilty of negligence or professional misconduct in respect
of his calling; or
(c) has been guilty of impropriety or misconduct in respect of his calling,
it may refer the matter to the Disciplinary Committee.
28. Functions of the Committee
The functions of the Committee shall be to inquire into any matter referred to
it by the Board under section 29 and to make its recommendations thereon to the
Board.
29. Procedure of the Committee
(1) Upon an inquiry under section 30, the laboratory technician or technologist
subject to the inquiry shall be afforded an opportunity of being heard either in
person or by an advocate.
(2) For the purpose of proceedings at any inquiry by the committee, the
committee may administer oaths or affirmation and may, subject to any regulations
made under section 42, enforce the attendance of persons as witnesses and the
production of books and documents.
(3) The Committee shall, subject to any regulations made under this Act, have
powers to regulate its own procedure in any disciplinary proceedings.
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(2) Where the Board is satisfied in respect of any medical laboratory technician
or technologist that he should have his suspension lifted, the Board shall, upon
the receipt of the prescribed fee, lift the suspension and restore to the laboratory
technician or technologist, his registration and practising certificates and his annual
licence.
32. Restoration of the name in the register
(1) A laboratory technician or technologist whose name has been removed
from the register may after the expiry of a period of three years from the date of
such removal, appeal to the Board for restoration of his name in the register.
(2) The Board may after considering the appeal made under subsection (1),
cause the name of the person appealing to be restored in the appropriate register,
upon payment of the prescribed fee.
PART VI – FINANCIAL PROVISIONS
33. Funds of the Board
The funds of the Board shall comprise of—
(a) such monies as may accrue to or vest in the Board in the course of
the exercise of its powers or the performance of its functions under
this Act;
(b) all monies from any other source provided for or donated or lent to
the Board.
34. Financial year
The financial year of the Board shall be the period of twelve months ending on
the 30th June in every year.
35. Annual estimates
(1) Before the commencement of each financial year, the Board shall cause to
be prepared estimates of revenue and expenditure of the Board for that year.
(2) The annual estimates shall make provisions for all the estimated
expenditure of the Board for the financial year concerned and in particular shall
provide for—
(a) the payment of salaries, allowances and other charges in respect of
the staff of the Board;
(b) the payment of pensions, gratuities and other charges in respect of
retirement benefits which are payable out of the funds of the Board;
(c) the proper maintenance of buildings and grounds of the Board;
(d) the acquisition, maintenance, repair and replacement of the
equipment and other movable property of the Board;
(e) the creation of such reserve funds to meet future or contingent
liabilities in respect of retirement benefits, insurance or replacement
of buildings or equipment, or in respect of such other matter as the
Board may deem appropriate.
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(3) The annual estimates shall be approved by the Board before the
commencement of the financial year to which they relate and shall be submitted to
the Minister for approval, and after the Minister has given his approval, the Board
shall not increase any sum provided in the estimates without the consent of the
Minister.
36. Investment of funds
The Board may invest any of the funds of the Board in securities in which for
the time being trustees may by law invest funds or in any other securities which
the Treasury may from time to time approve for that purpose.
37. Accounts and audit
(1) The Board shall cause to be kept all proper books and records of accounts
of the income, expenditure, assets and liabilities of the Board.
(2) Within a period of three months from the end of each financial year, the
Board shall submit to the Auditor-General (Corporations) or an auditor appointed
under subsection (3), the accounts of the Board together with—
(a) a statement of income and expenditure during the year; and
(b) a statement of the assets and liabilities of the Board on the last day
of that year.
(3) The accounts of the Board shall be audited by the Auditor-General
(Corporations) or by an auditor appointed by the Board under the authority of the
Auditor-General (Corporations) given in accordance with subsection (2)(b) of the
Exchequer and Audit Act (Cap. 412).
(4) The Auditor-General (Corporations) may give general or special directions
to an auditor appointed under subsection (3) and the auditor shall comply with such
directions.
(5) An auditor appointed under subsection (3) shall report directly to the
Auditor-General (Corporations) on any matter relating to the directions given under
subsection (4).
(6) Within a period of two months after the end of the financial year, the
Auditor-General (Corporations) shall report on the examination and audit of the
accounts of the Board to the Minister and where an auditor has been appointed
under subsection (3) he shall transmit a copy of the report to the Auditor-General
(Corporations).
(7) The fee payable to an auditor appointed under subsection (3), shall be fixed
and paid by the Board.
PART VII – MISCELLANEOUS PROVISIONS
38. Certificates
(1) A certificate under the seal of the Board to the effect that a person is or
was at any date registered under this Act shall be conclusive evidence of the facts
so stated.
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(2) All certificates under the seal of the Board shall remain the property of the
Board.
(3) A person whose name is removed from the register under section 32, or
in the case of a deceased person, his legal representative, shall, within thirty days
of the publication of such removal, surrender the certificate of registration of that
person to the Board.
(4) A person who—
(a) destroys or defaces a certificate of registration; or
(b) fails to surrender certificate of registration under subsection (3),
commits an offence and is liable on conviction to imprisonment for a term not
exceeding three months.
(5) A person who, without reasonable excuse, is in possession of a certificate of
registration not issued to him, or fails to surrender such certificate under subsection
(3), commits an offence and is liable to a fine not exceeding one million shillings,
or to imprisonment for a term not exceeding five years, or to both.
39. General penalty
Any person convicted of an offence under this Act for which no penalty is
provided shall be liable to a fine not exceeding thirty thousand shillings.
40. Regulations
The Board may, with the approval of the Minister, make regulations generally
for the better carrying out of the provisions of this Act, and, without prejudice to the
generality of the foregoing, such regulations may provide for—
(a) the form and method of keeping the registers and other records under
this Act;
(b) the conditions under which the training institutions for persons
desirous of obtaining registration under this Act may be approved and
the courses of instruction to be undergone by persons seeking such
registration;
(c) the course content and examinations for laboratory technicians and
technologists for purpose of registration under this Act;
(d) the standards and conditions of professional practice of registered
laboratory technicians and technologists;
(e) forms and fees;
(f) the procedure for election of the members of the Board required to
be elected; and
(g) the inspection of medical laboratories.
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SCHEDULE
[Section 8.]
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