Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
MEDICAL PRACTITIONERS AND DENTISTS ACT
CAP. 253
- Published in Kenya Gazette Vol. LXXIX—No. 46 on 11 November 1977
- Assented to on 8 November 1977
- Commenced on 1 January 1978 by Medical Practitioners and Dentists Act Commencement
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1978 (Act No. 13 of 1978) on 10 November 1978]
- [Amended by Statute Law (Miscellaneous Amendments) (No. 2) Act, 1984 (Act No. 19 of 1984) on 28 December 1984]
- [Amended by Statute Law (Repealed and Miscellaneous Amendments) Act, 1990 (Act No. 7 of 1990) on 22 June 1990]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1992 (Act No. 11 of 1992) on 23 October 1992]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1993 (Act No. 11 of 1993) on 31 December 1993]
- [Amended by Finance Act, 2000 (Act No. 9 of 2000) on 1 December 2001]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 12 July 2012]
- [Amended by Health Laws (Amendment) Act, 2019 (Act No. 5 of 2019) on 17 May 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Short title
This Act may be cited as the Medical Practitioners and Dentists Act.2. Interpretation
In this Act, unless the context otherwise requires—"assessment" means the determination of the suitability for registration under the Act by means of oral or written examination or both;"Board" deleted by Act No. 5 of 2019, Sch."Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health;"Council" means the Kenya Medical Practitioners and Dentists Council established under section 3;"community oral health" means the provision of curative, preventive and promotive oral health care;"community oral health officer", means a person who has undergone the prescribed course of training in an approved institution, and holds a diploma, higher diploma or degree in community oral health;"dental practitioner" and "dentist" mean a person registered under this Act as a dentist;"dentistry" and "dental services" include the performance of an operation and the giving of treatment, advice or attendance as is usually performed or given by dentists, and an operation or treatment, advice or attendance on or to any person preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of artificial teeth;"general practice" means the practice of general medicine or dentistry other than specialist practice as defined in the Act;"health facility" has the meaning assigned to it in the Health Act (Cap. 241);"health institution" means a facility that is operated or designed to provide in-patient or out-patient treatment, diagnostic or therapeutic interventions, nursing, rehabilitative, palliative, convalescent, preventative or other health service for public and private use by medical and dental practitioners;"intern" means a person holding a medical or dental degree or its equivalent recognized by the Council or a person who has passed the internship qualifying examination, who is undergoing a prescribed period of internship in a recognized institution;"internship" means a prescribed period of employment during which a medical or dental graduate works under supervision to fulfill registration requirements;"internship qualifying examination" means a written or oral examination or both which determines the suitability of foreign trained graduates who holds a degree recognized by the Council to undergo internship;"licence" means an annual practising licence issued under section 12 of this Act;"medical practitioner" means a person registered under this Act as a medical practitioner;"pre-registration examination" means a written or oral examination or both which determines the suitability for registration under section 6(3) of the Act;"private practice" means the practice of medicine or of dentistry, as the case may be, for a fee either in kind or cash;"private practitioner" means a person registered under this Act as either a medical practitioner or a dentist who is also licensed under section 15 to practise medicine or dentistry for fees either in cash or in kind;"professional misconduct" means a serious digression from established or recognized standards or rules of the profession, that includes a breach of such codes of ethics or conduct as may be prescribed for the profession from time to time;"register" means the register of medical practitioners, dental practitioners and health institutions for public and private practice which the Council is required by section 5 to keep;"Registrar" means the Registrar of Medical Practitioners and Dentists constituted by section 5."specialist" means a medical practitioner or dentist who has completed an approved post graduate training programme in a particular field of medicine or dentistry, and who has thereafter gained sufficient experience and demonstrated to the Council's satisfaction adequate knowledge and skill, in his chosen field;"specialist practice" means the practice of medicine or dentistry in a specialized field.[Act No. 5 of 2019, Sch.]3. Establishment of the Council
3A. Composition of the Council
4. Functions of the Council
The functions of the Council shall be to—4A. Committees of the Council
4B. Powers of the Council
The Council shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, shall have power to—4C. Chief Executive Officer
4D. Staff of the Council
The Council may employ such professional, technical and other staff for the proper and efficient discharge of its functions on such terms and conditions as the Council may determine.[Act No. 5 of 2019, Sch.]5. Registrar and register
6. Registration of medical practitioners and dentists
7. Certificate of registration
The Council shall issue to every person registered under this Act, a certificate of registration in the prescribed form.[Act No. 5 of 2019, Sch.]8. Correction of register
9. Publication of register
10. Publication prima facie evidence of registration
11. Registration of higher qualifications for medical practitioners or dentists
A person registered under this Act who has obtained a higher degree or qualification than the qualification in respect of which he has been registered may apply to the Council to have that higher degree or qualification inserted in the register in addition to the qualification previously registered, on the payment of a prescribed fee.[Act No. 5 of 2019, Sch.]11A. Supervisory functions of the Council
11B. Recognition of specialists
12. Specialist licences
13. Internship and temporary licences
14. Renewal of practising licences
15. Registration of health institutions
15A. Professional indemnity
Every practitioner shall in each year take a professional indemnity cover and every health institution shall in each year insure the health institution against professional liability of its staff.[Act No. 5 of 2019, Sch.]16. Licences to be published in Gazette
The issue and the cancellation, revocation or withdrawal of a licence under section 13 or section 15 shall be published in the Gazette.17. No fees recoverable unless person licensed under section 15
No person shall be entitled to recover a charge for medical or surgical advice or attendance, or for the performance of an operation as a medical practitioner or dentist, or for medicine which he has prescribed and supplied as a medical practitioner or dentist, unless he is at the time appropriately licensed under section 15.18. Certificate not valid unless signatory registered, etc.
No certificate or other document required by law to be signed by a duly qualified medical or dental practitioner shall be valid unless signed by a person registered as a medical or dental practitioner under this Act or, where the context so admits, by a person who is licensed by the Council under section 13.19. [Deleted by Act No. 5 of 2019, Sch.]
19A. Report of convictions
The court by which a medical practitioner or dentist is convicted of an offence under the Penal Code (Cap. 63) or this Act or any court by which his case is brought by way of appeal against conviction shall report the conviction or the upholding of a conviction to the Council specifying the name of the medical practitioner or dentist, as the case may be, the date of the conviction or judgment on appeal and the offence for which he was convicted.[Act No. 19 of 1984, Sch.]20. Disciplinary proceedings
21. Effect of removal, cancellation or suspension
22. Penalty for unregistered and unlicensed person practising
23. Rules
The Cabinet Secretary may, after consultation with the Council, make rules generally for the better carrying out of the provisions of this Act, and any such rules may, without prejudice to the generality of the foregoing—24. [Deleted by Act No. 5 of 2019, Sch.]
25. Finance
The Cabinet Secretary may, with the consent of the National Treasury, out of money provided by Parliament—26. Savings and transition
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
17 May 2019
Amended by
Health Laws (Amendment) Act, 2019
12 July 2012
01 December 2001
Amended by
Finance Act, 2000
31 December 1993
23 October 1992
22 June 1990
28 December 1984
10 November 1978
01 January 1978
Commenced by
Medical Practitioners and Dentists Act Commencement
11 November 1977
Published in Kenya Gazette 46
08 November 1977
Assented to
Cited documents 0
Documents citing this one 63
Judgment 36
Act 17
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