The Radiographers Act No 28of 2022 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING SPECIAL ISSUE LIBRARY Kenya Gazette Supplement No.

112 (Acts No.

28) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 27th June, 2022 CONTENT A ct Page 393 The Radiographers Act, 2022 m mki COUfIKIL FOB IT IT.

01 AUo 2022 RO.

t.;ox 11)443 - 00100, NAIROBI, KENYA TEL: 2719231 FAX: 2712684 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 393 THE RADIOGRAPHERS ACT No.

28 of 2022 Date of Assent: 21st June, 2022 Date of Commencement: See Section 1 ARRANGEMENT OF SECTIONS Section PART I- PRELIMINARY I Short title and commencement.

2Interpretation.

PART HTHE RADIOGRAPHERS BOARD OF KENYA 3Establishment of the Board.

4 Functions of the Board.

5Powers of the Board.

6Composition of the Board.

7Conduct of business and affairs of the Board.

8Delegation by the Board.

9 Remuneration of Board members.

10 The Registrar.

11Staff of the Board.

12 Protection fr om personal liability.

PART HI TRAINING AND REGISTRATION OF RADIOGRAPHERS 13 Approved training institutions.

14Persons eligible to be registered.

15Registration.

16Register.

17Removal of names fr om the register.

PART IV PROVISIONS RELATING TO PRIVATE PRACTICE 18 Qualifications for private practice.

394 2022 Radiographers No.

28 19Application for practicing certificate.

20^Validity of practicing certifi cate.

21Renewal of practicing certifi cate.

PART V DISCIPL INARY PROVISIONS 22Disciplinary Committee.

23Reference of matters to the Disciplinary Committee.

24 Functions of the Comm ittee.

25 Procedure of the Committee.

26Disciplinary measures.

27Lift ing of suspension.

28 Restoration of name in register.

PART VI FINANCIAL PROVISIONS 29 Funds of the B oard.

30Financial year.

31 Annual estimates.

32 A ccounts and audit.

33 Investment of funds.

34Annual report.

PART VII M ISCEL LA NEOUS PROVISIONS 35 Certifi cates.

36Offences by partnerships or bodies corporate.

37Offences relating to registration.

38General penalty.

PART VIII PROVISIONS ON DEL EGATED POW ERS 39 Rules.

FIRST SCH EDULE PROVISIONS AS TO THECONDUCTOFTHE BUSINESS AND AFFAIRS OF TH E BOARD II SECOND SCHEDULE CATEGORIES OF PRACt IiCE 395 2022 Radiographers No.

28 THE RADIOGRAPHERS ACT, 2022 AN ACT of Parliament to make provision for the training, r egistration and li censing of radiographers; tor egulate t heir practice; to provide f or t he establishment, powers and functions of the Radiographers Board of Kenya; and for connected purposes ENACTED by the Parliament of Kenya, as follows PART I PRELIM INARY short title and 1.

This Act may be cited as the Radiographers Act,.

.

.

.

.

commencement.

2022, and shall come into force twelve months aft er publication in the Gazette.

interpretation.

2.

In this Act, except where the context otherwise r equ ires approved institution means the Kenya Medical Training College, institutions established under the No.

42 of 20 12.

Universities Act, 2012 and the Technical and Vocational No.

29 of 20 13.

Education and Training Act, 2013 and such other training institution as the Board may approve; Board means the Radiographers Board of Kenya established under section 3; Cabinet Secretary means the Cabinet Secretary for health ; the time being responsible for matters relating to radiation includes both ionizing and non-ionizing radiation; radiographer means a person registered under this Act as such; ( 6.

or radiography means the use of radiant energy, ionizing non-ionizing radiation for medical, forensic, veterinary, industrial and research purposes; register means the register of radiographers maintained under section 16; Registrar means the Registrar appointed under section 10.

PART II THE RADI OGRAPHERS BOARD OF KENYA Establishment of 3.

(1) There is established a Board to be known as the Board.

the Radiographers Board of Kenya.

396 No.

28 Radiographers 2022 (2) The Board shall be a body eoiporate with perpetual succession and a common seal and shall in its corporate name, be capable of (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; (c) borrowing and lending money; (d) entering into contracts; and (e) doing or performing all such other acts necessary for the proper performance of its functions under or this Act, which may be lawfully done performed by a body corporate.

(3) The headquarters of the Board shall be in Nairobi or such other place as the Board may, by resolution, determine.

Functions of the 4.

(1) The object and purpose for which the Board is Board.

over the established is to exercise supervision and control advice training and practice of radiography in Kenya and to the Government in relation to all aspects thereof (2) Without prejudice to the generality of subsection (1) the Board shall (a) prescribe the minimum educational requirements as for persons wishing to be registered radiographers under this Act; (b) consider and approve the qualifications of radiographers for the purposes of registration under this Act; (c) cause to be maintained a register of all persons as registered and licensed to practice radiographers in accordance with this Act; (d) license the private practice of radiographers; (e) establish and maintain a professional code of conduct for all persons registered under this Act; (f) regulate the professional conduct of registered radiographers and take such disciplinary measures as may be appropriate to maintain proper professional standards; 397 2022 Radiographers No.

28 (g) establish, approve and accredit programs for continuing professional educational programs; (h) cause to be published in the Kenya Gazette every calendar year or on such other period as may be prescribed, the names of all registered radiographers; and (i) perform such other function as may be provided for in this Act or any other written law.

5.

(1) The Board shall have all powers necessary for Act.

the proper performance of its functions under this (2) Without prejudice to the generality of subsection (1), the Board shall have power to such (a) control, supervise and administer its assets in manner and for such purpose as best promotes the purpose for which the Board is established; (b) determine the provisions to be made for its capital and recurrent expenditure and for its reserves; (c) receive any grants, gift s, donations or endowments and make legitimate disbursements therefr om; (d) enter intp association with other bodies or organira tions within or outside Kenya as may be desirable or appropriate in furtherance of the purpose for which the Board is established; (e) open a banking account or banking accounts for the funds of the Board; and (f) invest any of its funds not immediately required for its purposes in the ipanner provided in section 33.

Composition of the 6.

(1) The Board shall consist of Board.

(a) a chairperson appointed by the Cabinet Secretary fr om amongst the persons nominated under paragraph (g); ora (b) the Principal Secretary responsible for health designated representative dealing with radiography not below the l evel of Chief Radiographer; f 398 No.

28 2022 Radiographers (c) the Director of the Kenya Medical Training College or a designated representative not below the level of a Deputy Director; (d) the Director General of the Kenya Nuclear Regulatory Authority or a designated representative; (e) one person nominated by the Kenya Medical Practitioners and Dentists Council; (f) the Chairperson of the Society of Radiography in Kenya; (g) three radiographers competitively and transparently nominated by the Society of Radiography in Kenya, who shall include (i) one radiographer working in the private sector; (ii) one radiographer working in the county governments; (iii) one radiographer working in the national government; and (h) the Registrar who shall be the secretary^ to the Board.

of (2) A person shall not be appointed as chairperson the Board unless such person (a) is registered under this Act as a radiographer; (b) is a radiographer of not less than ten years standing; and (c) meets the requirements of Chapter Six of the Constitution.

Conduct of business 7.

(1) The conduct and regulation of the business and and af fairs of the affairs of the Board shall be as provided in the First Board.

Schedule.

(2) Except as provided in the First Schedule, the Board may regulate its own procedure.

Delegation by the 8.

The Board may, by resolution generally or in any the particular case, delegate to any committee of the Board exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

399 2022 Radiographers No.

28 Remuneration of 9.

The Board shall pay its members such allowances Board members.

for expenses as may be determined by the Cabinet Secretary upon the advice of the Salaries and Remuneration Commission.

10.(1) There shall be Registrar who shall be 'H'e Registrar, of appointed by the Board and whose terms and conditions service shall be determined by the Board upon the advice of the Salaries and Remuneration Commission.

(2) No person shall be appointed under this section unless such person has (a) a university degree fr om a recognized university; (b) at least five years post qualifi cations working experience; and a (c) is qualifi ed to be registered under this Act as radiographer.

(3) The Registrar shall (a) be an ex-offi cio member of the Board and shall have no voting rights at any meeting of the Board; t er ms (b) hold offi ce for a period of fi ve years on such and conditions of employment as the Board may determine and shall be eligible for re-appointment for one further term; (c) subj ect to the directions of the Board, be responsible for the day to day management of the affairs and staff of the Board; and (d) perform such other functions as may be provided f or under this A ct.

staf f of the B oard.

11.

The Board may (a) appoint such offi cers and other staff as may be necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Board may determine upon the advice of the Salaries and R emuneration Commission; and (b) engage experts and resource persons whenever necessary for the discharge of its functions under this A ct.

400 2022 Radiographers No.

28 Protection fr om 12.

(1) No matt er or thing done by a member of the personal liability.

Board or agent of the Board shall, if the matt er or thing is and done bona fi de for executing the functions, powers or duties of the Board under this Act, render the member agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.

(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interest causes by the exercise of any power conferred by this Act, or by the failure, whether wholly or partially, of any works.

PART in TRAINING AND REGISTRATION OF RADIOGRAPHERS tra ining 13.

(1) No person being in charge of a training Approved institution in Kenya shall institutions, (a) admit persons for training with a view to qualifying for registration under this Act; (b) conduct a course of training or administer the examination prescribed for the purposes of registration under this Act; or (c) issue any document or statement implying that the holder has undergone a course of training or passed the examinations prescribed by the Board for purposes of registration, imless such institution is established or accredited No.

42 of 20 12.

imder the Universities Act, 2012 or the Technical and No.

29 of 20 13.

Vocational Education Act, 2013.

of (2) A person who contravenes any of the provisions subsection (1) commits an offence and shall, on conviction, or to be liable to a fine not more than five million shillings, to both.

imprisonment for a term not less than two years, or (3) The Board shall publish a list of the training institutions approved under the Universities Act, 2012 and no.

42 of 2012.

the Technical and Vocational Education and Training Act, No.

29 of 2013.

2013.

Persons eligible to 14.

(1) Subj ect to the provisions of this section, a be registered.

Act as a person shall be eligible for registration imder this radiographer if the person 401 2022 No.

28 Radiographers (a) is the holder of a qualification which is recognized by the Board; in (b) aft er obtaining that qualification, has engaged training employment under the supervision of a registered radiographer for such period, being not less than one year, as the Board may approve; and (c) satisfies the Board that while engaged in training employment as specified in paragraph (b), has acquired sufficient knowledge of, and experience in the practice of radiography.

(2) A person who is the holder of a qualification fi -om f or an accredited institution outside Kenya shall be eligible person registration under this Act as a radiographer if the an (a) is the holder of a qualification obtained from institution that is accredited and recognized by the regulating authority responsible for the registration of radiographers in the country of study; (b) has engaged in radiography practice under the supervision of a radiographer registered by the Board for such period, being not less than twelve months, as the Board may approve; and a (c) meets such requirements for a course leading to qualification in radiography as determined by the Board fr om time to time pursuant to section 4(2)(a).

(3) Where the Board fi nds that a person has not completed all courses prescribed pursuant to section 4(2)(a), the Board shall require that person to (a) attend such interview as may be appropriate; (b) undergo an oral or written examination or both; and (c) take the courses required in an institution recognized and approved by the Board prior to engaging in supervised practice.

by (4) Despite subsection (3), all qualifications issued No.

42 of 20 12.

a university or institution accredited under the Universities Act, 2012 or the Technical and Vocational Education No.

29 of 20 13.

Training Act, 2013 shall be recognized by the Board.

402 No.

28 Radiographers 2022 f or (5) The Board may, aft er assessing the suitability direct registration of a person under subsection (1) and (2), such that before registration, the person shall undergo fo rther period of training or pass such examination in an institution accredited under the Universities Act, 2012 or No.42of20i2 Technical and Vocational Education and Training Act, , , , 2Q23 No.

29of2013.

of a (6) The Board shall not authorize the registration person unless it is satisfi ed have (a) that the requirements of subsection (1) or (2) been fulfi lled; or (b) in the case of a person referred to in subsection (3), that the requirements of subsection (5) have been fulfi lled and that the person has imdergone any further period of training or passed any examination specifi ed by the Board.

(7) The Board may, where it considers it expedient, under delegate the assessment of suitability for registration subsection (2) to a committee of the Board which shall, aft er making the assessment, make recommendations to the Board.

in Registra tion.

15.

(1) A person trained in an approved institution Kenya wishing to be registered under this Act shall apply for registration to the Board.

of a (2) An applicant for registration who is a graduate foreign school of radiography shall furn ish evidence satisfactory to the Board that the applicant (a) has completed a course of study in radiography which is substantially equivalent to that provided m an accredited program approved by the Board; (b) is a graduate of an institution, college or university recognized by the Board; the (c) is registered or is eligible for registration in country of study; (d) has engaged in radiography practice under the supervision of a radiographer registered by the Board for such period, being not less than twelve months, as the Board may approve; and 403 No.

28 Radiographers 2022 (e) has successfully completed a wri tten examination approved by the Board.

(3) An application for registration under this section shall be in the prescribed form and shall be accompanied by the prescri bed fee.

by (4) The Board shall register every qualified person such particulars as the Board may prescri be, in the to appropri ate register kept for that purpose pursuant section 16.

(5) Every person registered under subsection (4) shall be issued with a certificate of registration.

Register, 16.(1) The Registrar shall maintain a register for persons registered under this Act.

(2) The register maintained under subsection (1) may be in such form as may be prescri bed, containing the categories specifi ed in the Second Schedule and different of registers may be kept for different specializations radiographers as follows (a) medical radiographers; (b) forensic radiographers; (c) veteri nary radiographers; (d) industri al radiographers; and (e) such other specialization of radiographers as may be prescri bed (3) The Registrar shall (a) not later than the thirty fi rst day of March in every year, publish in the Gazette (i) the names and addresses; (ii) qualifications; and (iii) categories of all registered radiographers; and be (b) subject to the directions of the Board, cause to published any amendments or deletion from the registers.

(4) Every registered radiographer shall notify the Registrar of any change in the registered address.

404 No.

28 Radiographers 2022 (5) The Registrar may, with the consent of the person concerned, remove fr om the register the name of a person who has ceased to practice.

(6) A name removed fr om the register under on subsection (5) may, at the request of person concerned, the approval of the Board and on payment of the prescribed fee, be reinstated by the Registrar.

(7) Any person may inspect the register and any documents relating to any entty therein, and may obtain fr om the Registrar, a copy of, or an extract fr om the registers on payment of the prescribed fee.

Removal of names 17.

(1) The Registrar shall remove fr om the register irom the register.

(a) the names df all deceased persons; (b) the names of all persons removed fr om the register under the Act; and (c) any entri es fr audulently or erroneously made.

(2) The Registrar shall, as soon as reasonably practicable^ cause the name and address of every person whose name is removed fr om the register under this section, to be published in the Gazette.

PART IVPROVISIONS RELATING TO PRIVATE PRACTICE in Qualifi cations for 18.

(1) Subject to this Act, no person shall engage holds a pri vate practice as a radiographer unless the person valid practicing certifi cate issued under this Act.

(2) For the purposes of this Act, a person shall be deemed to engage in pri vate practice if the person pra ctices as a ra diogra pher (a) on the persons own account and is entitled to receive the entire amount of all fees and charges earned for the persons own fi nancial benefi t; (b) in partnership with others and is entitled to receive a sh^e of the profi ts 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 pri vate practice where he is employed 405 2022 Radiographers No.

28 (i) by the Government or any other public body; (ii) by a state corporation as defined by the State Corporations Act; or Cap 446.

(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 radiographer.

(3) A person who engages in private practice as a radiographer contrary to the provisions of this section toa commits an offence and shall, on conviction, be liable fine not more than one million shillings, or to to both.

imprisonment for a term not less than one year, or shall Application for 19.

(1) An application for a practicing certificate be made to the Registrar in such form as may be SS.

prescribed.

(2) Every application under this section shall be accompanied by (a) the prescribed fee; and (b) evidence that the applicant has complied with the prescribed continuous professional development programmes.

(3) The Board shall, where the applicant (a) satisfies the requirements of subsection (2); (b) is duly registered under this Act; and (c) is not for the time being suspended fr om practice, within sixty days of receipt by the Board of the in application, issue to the applicant a practicing certificate the prescribed form.

(4) The Registrar shall keep one copy of every application delivered to him under this section.

Validity of 20.

(1) Every practicing certificate shall practicing certificate.

(a) bear the date on which it is issued and shall have effect fr om that day; and 406 2022 Radiographers No.

28 (b) specify the area of practice of the radiographer within the categories specifi ed in the Second Schedule.

(2) A practicing certifi cate issued under this section shall be valid f rom the date it is issued and shall expire on i ssued.

the thirty fi rst day of December of the year it is (4) Where the name of the radiographer is removed or if any, struck off the register, the practicing certifi cate, shall expire forthwith.

Renewal of 21.

(1) A radiographer i ssued with a practicing practicing inthe certifi cate.

certifi cate may apply for renewal of the certifi cate of prescribed form at least thirty days before the date expiry thereof.

PART V DISCIPLINARY PROVISIONS Disciplinary 22.

(1) There is established a Disciplinary Committee of the Board which shall consist of ommmee.

i (a) the Chairperson of the Society of Radiography in Kenya who shall be Chairperson of the Committee; (b) the Principal Secretary in the Ministry responsible for health or his designated representative; (c) two radiographers not being members of the Board, competitively and transparently appointed by the Cabinet Secretary of whom (i) one shall be in the public service; (ii) one shall be from the private practice; (d) the Attorn ey-General or a designated representative; and (e) the Registrar who shall be an ex-off icio member and the secretary of the Committee.

(2) The quorum of the Committee shall be three members.

(3) A member of the Disciplinary Committee shall re hold offi ce for three years and shall be eligible for appointment for one furt her term of offi ce.

(4) The Board shall provide the Disciplinary Committee with such facilities and resources as are 407 2022 Radiographers No.

28 necessary to enable it to competently discharge its functions.

(5) The Board shall pay to its members such remuneration, fees or allowances for expenses as it may determine, in consultation with the Cabinet Secretary.

Refere nce of 23.

The Board may refer a matter to the Disciplinary Committee if it has reason to believe that a person aft er he committee, registered under this Act has been, either before or was registered (a) convicted of an offence punishable by imprisonment for more than six months, the commission of which in the opinion of the Board, has dishonoured him in the public estimation; in (b) guilty of negligence or professional misconduct respect of his or her profession; or of (c) guilty of impropriety or misconduct in respect i his or her profession.

Functions of the 24.

The functions of the Committee shall be to inquire Committee.

23 into any matter referred to it by the Board under section I and to make its recommendations thereon to the Board.

of the 25.(1) Upon an inquiry by the Committee, the Procedure c ommittee, an radiographer subject to the inquiry shall be afforded an opportunity to be heard either in person or through advocate.

(2) For the purpose of proceedings at any inquiry by the Committee, the Committee may administer oaths or affi rmations and may, subject to any rules made under section 39, enforce the attendance of persons as witnesses and the production of any books or other documents relevant to the inquiry.

(3) The Committee shall, subject to any rules made in under this Act, have power to regulate its own procedure any disciplinary proceedings.

26.

(1) Where on the recommendations of the Disciplinary m easu res.

is in Committee the Board is satisfi ed that a radiographer breach of any of the terms or conditions prescribed by the Board under section 25, the Board may (a) impose a fi ne which the Board deems appropriate in the circumstances; 408 2022 Radiographers No.

28 (b) issue the ra diographer with a letter of admonishment; (c) suspend the registration certifi cate of the ra diogra pher for a specifi ed period not less than three months but not exceeding twelve months; the (d) withdra w or cancel the practicing certifi cate of ra diographer for a period not less than twelve months but not exceeding three years; or (e) remove the name of the radiographer fi ^om the register.

(2) The Board may order a ra diographer to reimburse costs and expenses incurred in connection with a debt disciplinary hearing and such costs shall be a civil recoverable by the Board.

(3) Where, after the hearing in disciplinary to proceedings under this Act the Corrunittee recommends as a result the Board that a ra diogra pher is unfi t to practice of i ll-health, the Board may, if satisfi ed with the of Committees recommendations, withdraw the certifi cate registra tion or pra ctising certifi cate of the radiographer until such ti me as the Board is satisfi ed that the ra diographer is fully recovered to resume his duties.

(4) A radiogra pher who has been suspended from or practice or whose license to practice has been withdrawn cancelled shall, fi -om the date of the suspension, and withdra wal or cancellation, surrender his registra tion pra cticing certifi cates and aimual license to the Registrar.

(5) A ra diogra pher who refuses or fails to surrender on his pra ctising licence or certifi cates to the Registrar and request shall be guilty of professional misconduct liable to a fi ne of not less than twenty thousand shillings by the Board.

(6) A radiogra pher who is aggrieved by the decision section of the Board in the exercise of its powers under this of the may, within sixty days fi -om the date of the decision Board, appeal to the High Court.

27.

(1) A ra diographer who has been suspended from of the practicing may appeal to the Board for the lift ing suspension any time before the expiry thereof.

409 2022 Radiographers No.

28 of (2) Where the Board is satisfied that the suspension the radiographer should be lifted, the Board shall, upon the and restore receipt of the prescribed fee, lift the suspension to the radiographer, his registration and practicing certificates and his annual license.

Restoration of 28.

(1) A radiographer whose name has been removed name in register.

of three from the register may, aft er the expiry of a period Board years fi 'om the date of such removal, appeal to the for restoration of his name in the register.

(2) The Board may, aft er considering the appeal made to be under subsection (1), cause the name of the applicant of the restored in the appropriate register, upon pajmient prescribed fee.

PART VIFINANCIAL PROVISIONS Funds of the Board.

29.

(1) The funds of the Board shall comprise of (a) grants, gift s or donations that the Board may receive as a result of public and private appeal L fr om local and intern ational donor agencies for the purposes of carrying out its functions; (b) monies appropriated by the National Assembly; (c) such fees, monies or assets 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 or under any written law; and (d) all monies fr om any other lawful source provided for or donated or lent to the Board.

(2) The funds of the Board referred to in subsection (1) and its balances at the close of each financial year shall not be paid into the Consolidated Fimd, but shall be Board retained by the Board for the purposes for which the is established.

Financial year, 30.

The fi nancial year of the Board shall be the period of twelve months ending on the thirtieth June in each year.

Annual estimates.

31.

(1) At l east three months before the commencement of each fi nancial year, the Board shall cause to be prepared estimates of revenue and expenditure of the Board for the fi nancial year.

4 10 2022 Radiographers No.

28 all (2) The annual estimates shall make provisions for 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 payments of allowances and any other emoluments to the members of the Board; (c) the payment of pensions, gratuities and other charges in respect of retirement benefits of the staff of the Board; (d) the proper maintenance of buildings, other equipment and other property and grounds of the Board; (e) the acquisition, maintenance, repair and replacement of the equipment and other movable or immovable property of the Board; and or (f) the creation of such reserve funds to meet future contingent liabilities in respect of retirement benefi ts, where applicable, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate.

(3) The annual estimates shall be approved by the to Board before the commencement of the fi nancial year which they relate and shall be submitted to the Cabinet Board Secretary for approval and aft er the approval, the con sen t shall not increase the annual estimates without the of the Cabinet Secretary.

Accounts and audit.

32.

(1) The Board shall cause to be kept all proper books and records of accounts relating to the income, expenditure, assets and liabilities of the Board.

a (2) Within a period of four months before the end of fi nancial year, the Board shall submit to the Auditor- the General or to an auditor appointed under this section, accounts of the Board together with (a) a statement of income and expenditure of the Board during that year; and 4 11 2022 Radiographers No.

28 that (b) a balance sheet of the Board on the last day of y ear.

(3) The accounts of the Board shall be audited and reported upon in accordance with the Public Audit Act No.

34 of 20 15.

2015.

I nvestment of 33.

The Board may invest any funds of the Board in fi mds.

securities, in which for the time being trustees may by law which invest trust funds, or any other securities or banks Treasury may, from time to time, approve for that purpose.

the Annual report, 34.

(1) The Board shall, within three months aft er end of each fi nancial year, prepare and submit to the of the Cabinet Secretary an annual report of the operations Board for the immediate preceding year.

(2) The Cabinet Secretary shall, upon receiving the the annual report, cause the annual report to be laid before National Assembly within three months of the National Assembly next sitting.

PART VnMISCELLANEOUS PROVISIONS the certifi cates, 35.

(1) A certifi cate under the seal of the Board to under effect that a person is or was at any date registered this Act shall be conclusive evidence of the facts so stated.

(2) All certifi cates under the seal of the Board shall remain the property of the Board.

(3) A person whose name is removed from the register, or in the case of a deceased person, his or her legal representative, shall, within thirty days of the publication of of such removal, surrender the certifi cate of registration that person to the Board.

(4) A person who (a) destroys or defaces a certifi cate of registration; a (b) without reasonable excuse, is in possession of certifi cate of registration not issued to him or her; or under (c) fails to surrender a certifi cate of registration subsection (3), commits an offence and shall, on conviction, be liable or to to a fi ne not less than thirty thousand shillings, or to imprisonment for a term not exceeding three months, both.

4 12 2022 Radiographers No.

28 of (5) A person who is in possession of a certifi cate such registration not issued to him, or fails to surrender and certifi cate under subsection (3) commits an offence than thirty shall, on conviction, be liable to a fi ne not less thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

36.

(1) Any act or omission which is an offence under by a bodies^o'^^rate.

this Act or any rules made hereunder shall, if done body corporate, be deemed to be an offence committed by every director, secretary or manager of the body corporate unless proved that the offence was committed without consent or connivance and that he exercised all such as he diligence to prevent the commission of the offence of his ought to have exercised having regard to the nature or her functions and the circumstance of the case.

(2) If an offence under this Act or any rule made person hereunder is committed by a partner in a fi rm, every wasa who, at the time of the commission of the offence, offi ce partner in that fi rm, or was purporting to act in that there shall be deemed to have committed the of fence unless is proof that the offence was conunitted without his consent or connivance and that he exercised all such as he diligence to prevent the conunission of the offence of his ought to have exercised having regard to the nature functions and the circumstances of the case.

in 37.

(1) No person shall practice as a radiographer that any institution or in any other place in Kenya imless person is registered under this Act.

(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fi ne not more than fi ve hundred thousand shillings, or to imprisonment for a term not less than twelve months, or to both.

(3) No person shall, while in charge of any institution person or any other health organization in Kenya, allow aa who is not registered under this Act to practice as radiographer in the institution.

(4) A person who contravenes the provisions of subsection (3) commits an offence and shall, on conviction, be liable to a fi ne not exceeding fi ve hundred thousand to both.

shillings or a term of not less than two years, or I4 13 2022 Radiographers No.

28 (5) Any person who, in an application for registration, wilfi jlly makes a false or misleading statement or presents ona false certificate, commits an offence and shall, conviction be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term of not less than one year, or to both.

General penalty, 38.

A person convicted of an offence under this Act be for which no penalty is provided shall, on conviction, or to liable to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding three months, both.

PART VIII PROVISIONS ON DELEGATED POWERS Rules.

39.(1) The Cabinet Secretary shall make rules, in consultation with the Board, generally for the better this A ct.

carrying into effect of any of the provisions under (2) Without prejudice to the foregoing, rules made L under this section may provide for (a) anything required to be prescribed under this Act; (b) the form and method of keeping the registers and other records under this Act; (c) the forms and fees for the purposes of this Act; (d) the form and method of conducting any inspection, assessment, evaluation, examination or regulations required under this Act; (e) the terms and conditions of the practice of a radiographer engaged in private practice, the sen^ices to be rendered by a radiographer in a private practice, and the employment of radiographer in private institutions; (f) any other matter that may be related to radiography practice in Kenya.

4 14 2022 Radiographers No.

28 FIRST SCHEDULE (s.7(l )) PROVISIONS AS TO THE CONDUCT OF THE BUSINESS AND AFFAIRS OF THE BOARD of of fi ce, 1.

The Chairperson or a member of the Board other Tenure of than ex-officio members shall, subject to the provisions on this Schedule, hold office for a period of three years, such terms and conditions as may be specified in the re instrument of appointment, but shall be eligible for appointment for one further tenn.

Meetings.

2.

(1) The Board shall meet at l east once every quarter and not more than three months shall elapse between one meeting and the next meeting.

(2) Notwithstanding subparagraph ( 1), the at Chairperson may, and upon requisition in writing by of the least five members shall, convene a special meeting of the Board at any time for the transaction of the business Board.

(3) Unless three quarters of the total members of the in Board otherwise agree, at least fourteen days notice of the writing of a meeting shall be given to every member Board.

(4) The quorum for the conduct of the business of the the Board shall be half of the total members including Chairperson or the person presiding.

(5) In the absence of the Chairperson, the members present shall elect one of their number to preside so whenever the Chairperson is absent, and the person with elected shall have all the powers of the Chairperson thereat.

respect to that meeting and the business transacted (6) Unless a unanimous decision is reached, aa decision on any matter before the Board shall be by majority of the votes of the members present and voting, or the and in case of an equality of votes, the Chairperson person presiding shall have a casting vote.

(7) Subject to subparagraph (6), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.

(8) Subject the provisions of this Schedule, the Board may determine its own procedure and the procedure for r4 15 2022 Radiographers No.

28 any committee of the Board and for the attendance of in other persons at its meetings and make standing orders respect thereof Vacation of 3.

(1) A member other than an ex-offi cio member of fice.

may (a) at any time resign fi -om office by notice in writing to the Cabinet Secretary; or (b) be removed from offi ce by the Cabinet Secretary on recommendation of the Board if the member has been absent from three consecutive (i) meetings of the Board without its permission; is convicted of a criminal offence that (ii) amounts to a felony in Kenya; (iii) is incapacitated by prolonged physical or mental illness for a period exceeding six months; or L (iv) is otherwise unable or unfi t to discharge his functions.

4.

(1) Subj ect to subparagraph (2), the quorum of the meeting shall be two thirds of the members.

(2) The quorum of the meeting shall not be less than fi ve members.

(3) A decision of the Board shall not be invalid by reason only of a vacancy among the members thereof Conflict of 5.

(1) If a member who has a personal or fiduciary i nterest.

at a interest in any matter before the Board and is present a meeting of the Board or any committee at which such shall as matter is the subj ect of consideration, that person soon as is practicable aft er the commencement of the in meeting, declare such interest and shall not take part any consideration or discussion of or vote on any question touching such matter.

(2) A disclosure of interest made under subparagraph at (1) shall be recorded in the minutes of the meeting which it is m ade.

(3) No member or staff of the Board shall transact any business or trade with the Board.

4 16 2022 Radiographers No.

28 (6) A member of the Board who contravenes a fi ne subparagraph (1) commits an offence and is liable to not exceeding two hundred thousand shillings.

Contracts and 6.

Any contract or instrument which, if entered into i nstruments.

would or executed by a person not being a body corporate, not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorized by the Board for that purpose.

Common seal.

7.

(1) The affi xing of the common seal of the Board shall be authenticated by the signature of the Chairperson l aw to and the Registrar and any document not required by be be made under seal and all decisions of the Board may and the authenticated by the signatures of the Chairperson Registrar.

(2) The Board shall, by resolution in the absence of either the Chairperson or the Registrar in any particular of matter, nominate one member to authenticate the seal the Board on behalf of either the Chairperson or the Register.

4 17 2022 Radiographers No.

28 SECOND SCHEDULE (s.

16(2)) CATEGOTIES OF PRACTICE Level of Practice Level of Education General practitioner Diploma Advanced Practitioner Higher diploma or degree Consultant Practitioner Masters Degree Fellow and Senior Doctorate Degree I.