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THE NURSES (ELECTIONS TO COUNCIL) REGULATIONS, 1985
Revoked by Legal Notice 41 of 2012 on 31st May, 2012
THE NURSES (ELECTIONS TO COUNCIL) REGULATIONS, 1985
Revoked by Legal Notice 41 of 2012 on 31st May, 2012
THE NURSES (LICENSING) REGULATIONS, 1985
1. |
These Regulations may be cited as the Nurses (Licensing) Regulations.
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2. |
An application for the issue of a licence to practise as a nurse shall be submitted to the Registrar in Form I set out in the Schedule and shall be accompanied by—
(a) |
the originals or legible certified photocopies of the applicant's certificates and testimonials all of which shall be attested against the originals by the Registrar;
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(c) |
a clearance certificate from the Kenya Immigration Department;
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(d) |
a certificate of good character issued by the employer of the applicant;
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(e) |
a fee of eight hundred shillings.
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3. |
Every applicant for the issue of a licence to practise as a nurse shall present herself for interview before two persons nominated by the Council for the purposes of the interview.
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4. |
The Council shall approve all applications for licensing before the licences are issued.
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5. |
A licence issued to practise as a nurse out in the Schedule shall be in Form II set out in the Schedule.
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(1) |
A licence issued under these Regulations shall be valid for a period of two years; and on expiry may be renewed for a further period of one year by making an application in Form III set out in the Schedule.
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(2) |
The fee for the renewal of a licence shall be four hundred shillings.
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FORMS I
Application for a Licence
(For Nurses Trained Outside Kenya)
(This space is for official use only)
**Date of application ..................Date application received ...................**
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**KenyaLicencingNumbers.................
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Credentials returned ..............................
Identification ..........................................
______________________________________________________
TO BE FILLED IN BY THE APPLICANT
(Please use Block Letters)
1. |
Full Name ...............................
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2. |
If a married woman give former name (i) ...................
(ii) |
Husband’s initials ....................... |
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3. |
Name as inscribed on Diploma or Certificate ...........
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4. |
Permanent home address ...............................
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5. |
Present Address ........................................
(Notify the Registrar at once of any change of address)
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6. |
Date and place of birth ....................................................................................
(Day)
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(Month)
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(Year)
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(Place)
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7. |
Citizenship ....................... Languages spoken ........
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8. |
State degree of proficiency to read, write, understand and speak English/Kiswahili .....................
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9. |
Present employment and address ....................
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10. |
Academic Education ..............................
(High Schools Only)
(a) |
Name of School Address Dates Attended
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Identification .................................
(High Schools Only)
(a) |
Name of School Address Dates Attended
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.................. ................. .............
.......... From ................ to ...............
......... From ................ to ...............
(b) |
Diploma or certificate obtained ..................
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11. |
List courses completed in other educational institutions e.g. University, Commercial Schools, etc. ............
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________________________________________
PROFESSIONAL QUALIFICATIONS
(i) |
I hereby make application for my name to be entered on the register of Licensed Nurses maintained by the Council. |
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Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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............................... From ............... .................
............................ ..................... ....................
.................................... Registration/Enrolment No .......
........................... To ......................... Licence .....
.....................................Last active date ................
_______________________________________________________
(ii) |
I hereby make application for my name to be entered on the register of Licensed Midwives maintained by the Council. |
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Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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............................... From ............... .................
............................ ..................... ....................
.................................... Registration/Enrolment No .......
........................... To ......................... Licence .....
.....................................Last active date ................
_______________________________________________________
(ii) |
I hereby make application for my name to be entered on the register of Licensed Midwives maintained by the Council. |
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Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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............................... From ............... .................
............................ ..................... ....................
.................................... Registration/Enrolment No .......
........................... To ......................... Licence .....
.....................................Last active date ................
_______________________________________________________
(iii) |
I hereby make application for my name to be entered on the register of Licensed Community Health Nurses maintained by the Council. |
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Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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............................... From ............... .................
............................ ..................... ....................
.................................... Registration/Enrolment No .......
........................... To ......................... Licence .....
.....................................Last active date ................
_______________________________________________________
(iv) |
I hereby make application for my name to be entered on the register of Licensed Psychiatric Nurses/Sick Children’s Nurses maintained by the Council.
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Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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............................... From ............... .................
............................ ..................... ....................
.................................... Registration/Enrolment No .......
........................... To ......................... Licence .....
.....................................Last active date ................
_______________________________________________________
Date .........................
............................................
Signature of applicant
_________________________________________________
CERTIFICATE OF GOOD CHARACTER
Mr/Mrs/Miss has been
(Name of Applicant)
in our employment from ........................................................ to ..........................................................
and I certify that during this period his/her conduct, suitability and reliability have been satisfactory. I further certify that to the best of my knowledge he/she has not been found guilty of professional misconduct or struck off the register or roll and I consider him/her to be a fit and proper person to be admitted to the register of Licensed Nurses.
Dated the .......................................................................................... , 20 .............................................
Signed ................................................................
.....................................................................
Full name ................ Designation ....................
TO BE COMPLETED BY THE NURSES REGISTRATION BOARD
Acting on behalf of the .............................................(Nursing Council or Registration Board which granted the original Reg./Enrol.)
I hereby certify that ...........................................................................................................
(Surname) (Other Names) (Maiden Name if Applicable.)
was issued with a certificate of registration/enrolment bearing the date ..........................and number and that the certificate was obtained by virtue of having completed a prescribed period of training and passed a national registration board examination and was last renewed in ..............................................................................................................................
on ..................... Date .................................
Has the Certificate/Licence ever been revoked? ..................................................................................
If yes, please give reasons .....................................
SEAL
.....................................................................
......................................
LICENCE TO PRACTISE AS A NURSE
Licence Number The seal of the Council is hereunto affixed
It is certified that ................... this ...................
................... day of ...............................
..................................., 20 ....................
was admitted to the register of Nurses licensed to practise..............................................................................
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Expiry date...............................Registrar’s signature ....................Date ..............
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Licence number ................................................
Name ..........................................................
Note: The licensee is not proficient in the following—
1. |
............................................................
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2. |
............................................................
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3. |
............................................................
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4. |
.............................................................
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5. |
.............................................................
......................................
Chairman’s signature
Date .....................
..........................
Registrar’s signature
Date ...........................
FORM III
[Regulation (6)]
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APPLICATION FOR RENEWAL OF LICENCE
I. TO BE COMPLETED BY THE APPLICANT
I, Full name .....................................
Licence No. .........................Date of issue .................
..................................................................
hereby make application to renew my licence to practise as a .........
...................................................
for a further period of one year as provided for under section 17(3) of the Nurses Act, 1983 (Cap. 257).
Signed .......................
Date ..........................
II. TO BE COMPLETED BY PRESENT EMPLOYER
Mr/Mrs/Miss ....................................
(Name of Applicant)
has been our employment from ............................. to and I certify that during this period his/her conduct, suitability and reliability have been satisfactory. I further certify that to the best of my knowledge he/she has not been found guilty of professional misconduct. I consider him/her to be a fit and proper person to be retained in the Record of Licensed Nurses to practise as a .......
for a further period of one year.
Date .......................full legal names .............
Designation ............................................
Contact address .........................................
Stamp or seal of the institution
For official use only
Date of application ..................
Date received ........................
Date of renewal ......................
Valid until ..........................
THE NURSES (LICENSING) REGULATIONS
1. |
These Regulations may be cited as the Nurses (Licensing) Regulations.
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2. |
An application for the issue of a licence to practise as a nurse shall be submitted to the Registrar in Form I set out in the Schedule and shall be accompanied by—
(a) |
the originals or legible certified photocopies of the applicant's certificates and testimonials all of which shall be attested against the originals by the Registrar;
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(c) |
a clearance certificate from the Kenya Immigration Department;
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(d) |
a certificate of good character issued by the employer of the applicant;
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(e) |
a fee of eight hundred shillings.
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3. |
Every applicant for the issue of a licence to practise as a nurse shall present herself for interview before two persons nominated by the Council for the purposes of the interview.
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4. |
The Council shall approve all applications for licensing before the licences are issued.
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5. |
A licence issued to practise as a nurse out in the Schedule shall be in Form II set out in the Schedule.
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6. |
(1) A licence issued under these Regulations shall be valid for a period of two years; and on expiry may be renewed for a further period of one year by making an application in Form III set out in the Schedule.
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(2) |
The fee for the renewal of a licence shall be four hundred shillings.
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FORMS
FORM I
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NURSING COUNCIL OF KENYA
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Application For a Licence
(For Nurses Trained Outside Kenya)
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Credentials returned ..............................
Identification ..........................................
______________________________________________________
TO BE FILLED IN BY THE APPLICANT (Please use Block Letters)
Full Name ...................................................................................................................
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(Surname)
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(Other Names)
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2. If a married woman give former name
(i) |
........................................ |
(ii) |
Husband’s initials ............................................ |
3. Name as inscribed on Diploma or Certificate ...........
4. Permanent home address ......................................
5. Present Address ..................................................
(Notify
the
Registrar
at
once
of
any
change
of
address)
Date and place of birth ........................................................................
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(Day)
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(Month)
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(Year)
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(Place)
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7. Citizenship .......................... Languages spoken ...............
8. State degree of proficiency to read, write, understand and speak
English/Kiswahili ...............................................................
9. Present employment and address ....................
10. Academic Education ..................................
(High Schools Only)
Name of School
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Address
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Dates Attended
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............................................
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...........................................
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......................................
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.............................................
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From .....................................
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to .......................................
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.............................................
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From .....................................
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to .......................................
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(b) |
Diploma or certificate obtained ................................
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11. List courses completed in other educational institutions e.g. University, Commercial Schools, etc. ...................................................
________________________________________
PROFESSIONAL QUALIFICATIONS
(i) |
I hereby make application for my name to be entered on the register of Licensed Nurses maintained by the Council. |
Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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...................................................... From ........................................................ .................................................................................................................................... Registration/Enrolment
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No ......................................................... .
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......................................................... To ................................................ Licence ...................................................................................................... Last active date ......................................
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_______________________________________________________
(ii) |
I hereby make application for my name to be entered on the register of Licensed Midwives maintained by the Council. |
Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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...................................................... From .................................................................................................................................................................................... Registration/Enrolment
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No ...................................................... .
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........................... to ............................... Date of Registration/Enrolment and Licence No. .......
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.........................................................................Last active date .............................................
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_______________________________________________________
(iii) |
I hereby make application for my name to be entered on the register of Licensed Community Health Nurses maintained by the Council. |
Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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...................................................... From ............... ............................................. ................................................................................................................................ Registration/Enrolment
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No ...................................................... .
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..........................................To............................. Date of Registration/Enrolment and Licence
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No. ..............................................Last active date .................................................................................
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_______________________________________________________
(iv) |
I hereby make application for my name to be entered on the register of Licensed Psychiatric Nurses/Sick Children’s Nurses maintained by the Council.
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Training School(Name and Full Address)
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Exact Dates of Training
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Name of Registering/Enrolling Authority
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...................................................... From....................................... ........................................................................................................................................................ Registration/Enrolment
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No .......................................................
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.........................................................To..................................Date of Registration Enrolment and Licence
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No .......................................................Last active date ......................................
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_______________________________________________________
Date ......................... Signature of applicant ......................
_________________________________________________
CERTIFICATE OF GOOD CHARACTER
Mr/Mrs/Miss ........................................................................... has been
in our employment from ................. to .........................................
and I certify that during this period his/her conduct, suitability and reliability have been satisfactory. I further certify that to the best of my knowledge he/she has not been found guilty of professional misconduct or struck off the register or roll and I consider him/her to be a fit and proper person to be admitted to the register of Licensed Nurses.
Dated the ............................... , 20 .................................
Signed ..................................
............................................
Full name ................ Designation ....................
TO BE COMPLETED BY THE NURSES REGISTRATION BOARD
Acting on behalf of the .............................................(Nursing Council or Registration Board which granted the original Reg./Enrol.)
I hereby certify that ...................................
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(Surname) (Other Names)
(Maiden Name if Applicable.)
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was issued with a certificate of registration/enrolment bearing the date ..........................and number.................... and that the certificate was obtained by virtue of having completed a prescribed period of training and passed a national registration board examination and was last renewed in ............................................................................................
on ..................... Date .................................
Has the Certificate/Licence ever been revoked? .........................................
If yes, please give reasons .....................................
SEAL
.....................................................................
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Secretary or Registrar
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......................................
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Date
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FORM II
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[r. 5]
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The Nurses and Midwives Act (Cap. 257)
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LICENCE TO PRACTISE AS A NURSE
Licence Number .....................The seal of the Council is hereunto affixed
It is certified that ...............this ................ day of ...............................
..................................., 20 ....................
LICENCE NUMBER ................................................NAME..........................................................NOTE: The licensee is not proficient in the following—
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1 .............................................................2.............................................................3.............................................................4..............................................................5..............................................................
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......................................Chairman's Signature
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Date ....................................
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............................................Registrar's Signature
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Date .................................
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THE NURSES AND MIDWIVES ACT(Cap. 257)APPLICATION FOR RENEWAL OF LICENCEI. To be completed by the applicant
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I, Full name ............................................................................
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Surname
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Other names
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Licence No. ...................................... Date of issue ................................................................hereby make application to renew my licence to practise as a .................................................................................................................................for a further period of one year as provided for under section 17(3) of the Nurses and Midwives Act (Cap. 257).
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Signed .......................Date ..........................
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II. To be completed by present employer
Mr/Mrs/Miss .................................................................
has been our employment from ............................. to and I certify that during this period his/her conduct, suitability and reliability have been satisfactory. I further certify that to the best of my knowledge he/she has not been found guilty of professional misconduct. I consider him/her to be a fit and proper person to be retained in the Record of Licensed Nurses to practise as a ................. for a further period of one year.
Date .......................full legal names .............
Designation ............................................
Contact address .........................................
Stamp or seal of the institution
For official use only
Date of application ..............................................
Date received ....................................................
Date of renewal ...............................................
Valid until .........................................................................................
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Day
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Month
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Year
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THE NURSES (PRIVATE PRACTICE) REGULATIONS, 2009
Revoked by Legal Notice 73 of 2013 on 26th April, 2013
THE NURSES (PRIVATE PRACTICE) REGULATIONS, 2009
Revoked by Legal Notice 73 of 2013 on 26th April, 2013
THE NURSES (NOMINATIONS AND ELECTIONS TO THE COUNCIL) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
PART II – NOMINATIONS TO THE COUNCIL
3. |
Procedure for nomination of members to the Council
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4. |
Appointment of nominated members
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PART III – ELECTIONS TO THE COUNCIL
5. |
Appointment of returning officer
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6. |
Qualification for election
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7. |
Publication of notice of election
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8. |
Nomination of candidates
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10. |
List of nominated candidates
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11. |
Conduct of the election
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12. |
Counting of votes and declaration of elected members
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13. |
Determination by returning officer
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14. |
Written notice of results of the election
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16. |
Appointment of elected members
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PART IV – MISCELLANEOUS
18. |
Revocation of L.N. 124/1985
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SCHEDULES
FIRST SCHEDULE [r. 6] — |
CATEGORIES OF ELECTED MEMBERS
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SECOND SCHEDULE [r. 7, 8, 11] — |
FORMS FOR ELECTIONS
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THE NURSES (NOMINATIONS AND ELECTIONS TO THE COUNCIL) REGULATIONS, 2012
PART I – PRELIMINARY
1. |
Citation
These Regulations may be cited as the Nurses (Nominations and Elections to the Council) Regulations, 2012.
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2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"Council" has the meaning assigned to it by the Act;
"elected member" means a member appointed to the Council as a result of an election in accordance with the provisions of section 4(1)(e)(i), (ii), (iii) and (iv) of the Act;
"election" means election held under these Regulations for the purpose of electing members in accordance with the provisions of section 4(1)(e)(i), (ii), (iii) and (iv) of the Act;
"nominated member" means a member appointed to the Council as a result of a nomination in accordance with the provisions of section 4(1)(e)(v), (vi), (vii) and (viii) of the Act.
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PART II – NOMINATIONS TO THE COUNCIL
3. |
Procedure for nomination of members to the Council
(1) |
Within three months of a vacancy arising in the Council in respect of a nominated member or at least two months before the date on which a nominated member ceases to hold office upon expiry of the member's term, each of the organizations specified in section 4(1)(e)(v), (vi), (vii) and (viii) of the Act shall nominate persons for appointment to the Council in accordance with this regulation.
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(2) |
Each of the organizations referred to in section 4(1)(e)(v), (vi) and (vii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Minister, the names of two persons of opposite gender who are qualified for appointment to the Council under section 4 of the Act.
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(3) |
The organizations referred to in section 4(1)(e)(viii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Minister, the names of four persons, half of whom shall be of opposite gender, who are qualified for appointment to the Council under section 4 of the Act.
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(4) |
Upon receipt of the names under paragraph (3), the Minister shall, by notice in the Gazette, appoint—
(a) |
three persons consisting of one person from each set of two names submitted by the each of the three organizations under paragraph (2); and
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(b) |
two persons from the four names submitted by the organizations under paragraph (3), to be members of the Board.
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(5) |
In making the appointments under paragraph (4), the Minister shall ensure that the Council reflects the regional and other diversities of the people of Kenya and that not more than two-thirds of the members are of the same gender.
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4. |
Appointment of nominated members
No person shall be appointed under regulation 3 unless such person—
(a) |
is qualified in accordance with the Act; and
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(b) |
satisfies the requirements of Chapter six of the Constitution.
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PART III – ELECTIONS TO THE COUNCIL
5. |
Appointment of returning officer
(1) |
The Council shall, within two months of a vacancy arising in the Council or at least four months before the date on which elected members cease to hold office, appoint a person to be the returning officer for the purpose of election of members under section 4(1)(e)(i),(ii), (iii) and (iv) of the Act.
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(2) |
Subject to these Regulations, the returning officer shall—
(a) |
not be a member of the Council;
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(b) |
be responsible for the conduct of the elections.
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6. |
Qualification for election
(1) |
The qualifications of the various categories of elected members to be elected and the qualifications of persons entitled to nominate and to take part in the election of candidates of each of these categories shall be as specified in the First Schedule.
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(2) |
In order to be eligible for election or to be entitled to nominate for or take part in the election a person shall be required to have the requisite qualifications on the date to be fixed by the returning officer as the last day on which nomination papers shall be received.
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7. |
Publication of notice of election
The returning officer shall fix the last date on which nomination papers shall be received and at least twenty-one days before the date so fixed he shall cause notice of the election to be published in the Gazette and in at least two newspapers circulating in Kenya, which notice shall be as nearly as may be to Form A set out in the Second Schedule.
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8. |
Nomination of candidates
Each candidate for election shall be nominated on a separate nomination paper signed by not fewer than three persons having the requisite qualifications for nominating the candidate.
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9. |
Nomination papers
(1) |
Forms of nomination papers may, on application by post or otherwise, be obtained from the returning officer at the address referred to in paragraph (3) and in making the application it should be clearly stated for what part of the election the nomination form or forms are required.
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(2) |
Every nomination paper shall contain the name, address and registered qualification, and other requisite qualifications, of any of the candidates nominated, and the address and registered qualifications of each of the persons nominating the candidate and shall be as nearly as may be in Form B set out in the Second Schedule.
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(3) |
Every nomination paper shall—
(a) |
be accompanied by the declaration in writing in Form C set out in the Second Schedule signed by the person nominated, acknowledging that he consents to be nominated;
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(b) |
be accompanied by a fee of ten thousand shillings;
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(c) |
be addressed to the Returning Officer, Nursing Council of Kenya, P.O. Box 20056-00200, Nairobi, and delivered to him before the hour of 4 p.m. on the last day fixed by the returning officer for the receipt of nomination papers.
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(4) |
Any nomination paper which is not received at the address referred to in paragraph (3) before the hour and day specified in that paragraph shall be invalid.
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10. |
List of nominated candidates
As soon as possible after the time fixed for the receipt of nomination papers has expired, the returning officer shall publish at the offices of the Council a list of the duly nominated candidates and shall on the same day send a copy of that list by registered post to each of the candidates.
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11. |
Conduct of the election
(1) |
The election of elected members of the Council shall be conducted in accordance with the provisions of this regulation.
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(2) |
If the number of duly nominated candidates in respect of any category of elected members does not exceed the number to be elected in that category the returning officer shall forthwith declare those candidates to be duly elected.
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(3) |
If the number of duly nominated candidates in respect of any category of elected members exceeds the number to be elected in that category, the returning officer shall as soon as possible prepare ballot papers and identification envelopes which shall be as nearly as may be to Form D set out in the Second Schedule.
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(4) |
The ballot papers shall contain the names, addresses and registered qualifications of all candidates who have been duly nominated and shall state the last day on which ballot papers may be received and the place to which they are to be returned.
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(5) |
If no nominations are received on the appointed day the returning officer may extend the date for returning the nomination papers by fourteen days.
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(6) |
The returning officer shall, at least twenty-one days before the last day fixed for the receipt of ballot papers, cause a ballot paper to be forwarded by post to each person qualified to vote in the election in accordance with the First Schedule at his registered address, together with an identification envelope.
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(7) |
Votes shall not be cast or accepted except on the ballot papers provided by the returning officers.
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(8) |
Each person qualified to vote in the election shall mark the ballot paper delivered to him with an X against the name or names of the nominated candidate or candidates (not exceeding the number to be elected) for whom he votes and shall place the ballot paper inside the identification envelope, sign the declaration on the envelope, place it inside a covering envelope, and send it by post or otherwise to the returning officer at the address stated therein.
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12. |
Counting of votes and declaration of elected members
(1) |
The returning officer shall, immediately after the last day fixed for receipt of ballot papers, ascertain the validity of the votes cast by the examination of identification envelope, open the envelope, examine and count the valid votes given for each candidate.
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(2) |
The examination, opening and counting of the votes under paragraph (1) shall be done by the returning officer in the presence of the candidates or their duly nominated representatives, of whom seven days' notice shall have been issued to their last known address, but the absence of a candidate or his representative to whom due notice has been given shall not in any way prevent the returning officer from proceeding with the examination, opening and counting of the votes.
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(3) |
In each of the categories for which the election is held the candidates having the greatest number of votes shall be declared elected by the returning officer.
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(4) |
In the event of equality of votes between two or more candidates the returning officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.
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13. |
Determination by returning officer
Any question arising with regard to the validity of a nomination or ballot paper shall be determined by the returning officer.
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14. |
Written notice of results of the election
The returning officer shall forthwith deliver to every candidate a written notice of the result of the election and shall deliver to the Registrar for onward transmission to the Minister a list of candidates certified by him to have been elected showing the number of votes cast for each candidate.
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15. |
Validity of election
(1) |
Any candidate unsuccessful at the poll may either personally or by agent appointed in writing, notify the returning officer within fourteen days after the declaration of the result of the elections, that he contests the validity of that part of the election in respect of which he was unsuccessful on the ground of non-compliance with the provisions of these Regulations, or of misdescription or miscount, or of the non-delivery or loss of any document.
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(2) |
If after consideration of the contention disclosed in the notice, the returning officer is satisfied in respect of that part that the election was conducted substantially in accordance with the provisions of these Regulations and that any non-compliance, misdescription, miscount, non-delivery or loss did not affect the result of that part of the election, he may, within fourteen days of receiving the notice, so certify, and in that event he shall forward a copy of his certificate to the unsuccessful candidate, who may, within seven days of receiving that copy, appeal to the Minister.
|
(3) |
Where the returning officer does not certify in accordance with subregulation (2), he shall, not later than the fifteenth day after receiving the notice forward a copy thereof to the Minister together with such comments as he thinks fit.
|
(4) |
The Minister shall consider any appeal made under paragraph (2) or any notice received under paragraph (3) and his decision as to whether the result of the relevant part of the election was affected, shall be final.
|
|
16. |
Appointment of elected members
(1) |
Upon receipt of the names under regulation 15, the Minister shall, by notice in the Gazette, appoint the persons elected as members of the Council.
|
(2) |
No person shall be appointed under paragraph (1) unless such person—
(a) |
is qualified in accordance with the Act; and
|
(b) |
satisfies the requirements of Chapter six of the Constitution.
|
|
|
PART IV – MISCELLANEOUS
17. |
Election offences
(1) |
(a) |
commits the offence of personation, treating, undue influence or bribery as defined in the Elections Act, 2011 (No. 24 of 2011);
|
(b) |
makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of withdrawal of any other candidate at such election;
|
(c) |
forges, defaces or destroys any nomination paper, or delivers to a returning officer any nomination paper knowing it to be forged;
|
(d) |
interferes with the ballot paper by removing, destroying, concealing or mutilating, or assists in the removal, destruction, concealment or mutilation, of any such material;
|
(e) |
directly or indirectly prints, manufactures or supplies or procures the printing, manufacture or supply of any ballot paper in connection with the election save on the authority of the Council;
|
(f) |
obstructs or hinders the returning officer, candidate or agent in the execution of their lawful duties;
|
(g) |
makes a false statement or furnishes false particulars in any statement which is required under this Act knowing the statement or particulars to be false or without reasonable grounds for believing the same to be true;
|
(h) |
forges, counterfeits, defaces or destroys any ballot paper or the official perforation, stamp or mark on any ballot paper or any campaign or promotional material of an opposing candidate;
|
(i) |
sells or offers for sale any ballot paper to any person, or purchases or offers to purchase any ballot paper from any person;
|
(j) |
without authority destroys, takes, opens, disposes of or otherwise interferes with any election material in use or intended to be used for the purposes of an election;
|
(k) |
without authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election;
|
(l) |
votes at any election when not entitled to vote; or
|
(m) |
votes more than once in any election,
|
|
(2) |
Any person who commits an offence under paragraph (1) shall be liable to a fine not exceeding ten thousand shillings or to imprisonment to a term not exceeding six months or to both such fine and imprisonment.
|
|
18. |
Revocation of L.N. 124/1985
The Nurses (Elections to Council) Regulations, 1985, are hereby revoked.
|
FIRST SCHEDULE [r. 6]
Qualification of person to be elected Registered midwife who is also a registered nurse practising the profession as a midwife at the time of election.Registered community health nurse who is also a registered nurse practising the profession as a community health nurse at the time of election.Registered psychiatric/mental health nurse practising the profession as a psychiatric/mental health nurse at the time of election.Registered general nurses (i.e. nurses registered in the general part of the Register), who is practising the profession as a general nurse at the time of election.
|
Qualifications of persons entitled to nominate and take part in electionRegistered midwives (i.e. those persons whose names for the time being appear on the register of midwives).Registered community health nurses (i.e. those persons whose names for the time being appear on the register of community health nurses).Registered psychiatric/mental health nurses (i.e. those persons whose names for the time being appear on the register of psychiatric/mental health nurses).Registered general nurses (i.e. those persons whose names for the time being appear on the register of nurses).
|
|
SECOND SCHEDULE [r, 7, 8 & 11]
NOTICE OF ELECTIONS TO THE NURSING COUNCIL OF KENYA
Notice is given that under the provisions of section 4(l)(e) of the Nurses Act, and regulation 7 of these Regulations, an election will be held for the following vacancies in the Council—
(a) |
one registered midwife, to be elected by registered midwives;
|
(b) |
one registered community health nurse, to be elected by registered community health nurses;
|
(c) |
one registered psychiatric/mental health nurse, to be elected by registered psychiatric/mental health nurses;
|
(d) |
one registered general nurse, elected by registered general nurses.
|
Nominations are invited from Kenya Registered Midwives, Kenya Registered Community Health Nurses, Kenya Registered Psychiatric/ Mental Health Nurses and Kenya Registered General Nurses.
The nomination should reach the Returning Officer, c/o The Nursing Council of Kenya, P.O. Box 20056-00200, Nairobi, not later than ....................................................................
NOMINATION PAPER FOR ELECTION OF REGISTERED NURSES TO THE NURSING COUNCIL OF KENYA
Note-Only a nurse registered and qualified in the area of speciality in which the candidate to be nominated is seeking election may sign this paper as a nominator.
We, the undersigned being nurses whose names appear on the register of nurses
as ........................................... for the Republic of Kenya hereby nominate ..................... of .................................. whose registration number is ................................. and who is employed at ............................................ where he/she is engaged in ..............................
FULL NAME (BLOCK LETTERS)
ADDRESS
REGISTERED QUALIFICATIONS AND NUMBERS
USUAL SIGNATURE
Date .............................
This nomination paper must be signed by not less than three nominators and must
be received by the Returning Officer, the Nursing Council of Kenya, and P.O. Box 20056-00200, Nairobi, Kenya not later than 4 p.m. on ........................................................ .
(a) |
Here insert full name of candidate as given in the register.
|
(b) |
Here insert candidate's address.
|
(c) |
Here insert candidate's registration number.
|
(d) |
Here insert candidate's place of employment and his postal address.
|
(e) |
Here insert candidate's present post.
|
(FORM OF DECLARATION TO BE ISSUED WITH NOMINATION PAPERS FOR USE BY NOMINATED CANDIDATE)
ELECTION TO THE NURSING COUNCIL OF KENYA
Date ............................
I, (*) ..................... consent to be nominated as a candidate for election as representative of the nurses registered in the (!)........... to serve on the Nursing Council of Kenya.
I declare that the statement in the nomination paper regarding my qualifications is correct.
Signature ....................... Registration Number ...............
Address ........................
(*) Here insert full name, in block letters.
(!) Here insert “General Part of the Register”;
or “part of the Register for Psychiatric/Mental Health Nurses”; or “Register of Community Health Nurses”;
or “Register of midwives”, as the case may be.
This declaration form, which must accompany the nomination paper, must be received by the Returning Officer, not later than ............
To: The Returning Officer,
Nursing Council of Kenya,
P.O. Box 20056-00200, Nairobi.
__________________________
BALLOT PAPERS
|
BALLOT PAPER IELECTION OF ONE REGISTERD MIDWIFE NURSE
|
Electors Mark X
|
Names of candidates nominated
|
Present post and address of candidate nominated
|
Registered qualifications and Number
|
BALLOT PAPER IIELECTION OF ONE REGISTERED COMMUNITY HEALTH NURSE
|
Electors Mark X
|
Names of candidates nominated
|
Present post and address of candidate nominated
|
Registered qualifications and Number
|
BALLOT PAPER IIIELECTION OF ONE REGISTERED PSYCHIATRIC/MENTAL HEALTH NURSE
|
Electors Mark X
|
Names of candidates nominated
|
Present post and address of candidate nominated
|
Registered qualifications and Number
|
BALLOT PAPER IVELECTION OF TWO REGISTERED GENERAL NURSES
|
Electors Mark X
|
Names of candidates nominated
|
Present post and address of candidate nominated
|
Registered qualifications and Number
|
IDENTIFICATION ENVELOPEI, the undersigned, declare that I am the person to whom the enclosed ballot paper is addressed as above; that I am registered on the ................................................. part of the register, and thatI have not marked any other ballot paper in this part of the election. .............................................................................Signature
|
THE NURSES (NOMINATIONS AND ELECTIONS TO THE COUNCIL) REGULATIONS
PART I – PRELIMINARY
1. |
Citation
These Regulations may be cited as the Nurses (Nominations and Elections to the Council) Regulations.
|
2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"Council" has the meaning assigned to it by the Act;
"election" means election held under these Regulations for the purpose of electing members in accordance with the provisions of section 4(1)(e)(i), (ii), (iii) and (iv) of the Act;
"elected member" means a member appointed to the Council as a result of an election in accordance with the provisions of section 4(1)(e)(i), (ii), (iii) and (iv) of the Act;
"nominated member" means a member appointed to the Council as a result of a nomination in accordance with the provisions of section 4(1)(e)(v), (vi), (vii) and (viii) of the Act.
"election" means election held under these Regulations for the purpose of electing members in accordance with the provisions of section 4 (1)(e)(i),(ii), (iii) and (iv) of the Act.
|
PART II – NOMINATIONS TO THE COUNCIL
3. |
Procedure for nomination of members to the Council
(1) |
Within three months of a vacancy arising in the Council in respect of a nominated member or at least two months before the date on which a nominated member ceases to hold office upon expiry of the member's term, each of the organizations specified in section 4(1)(e)(v), (vi), (vii) and (viii) of the Act shall nominate persons for appointment to the Council in accordance with this regulation.
|
(2) |
Each of the organizations referred to in section 4(1)(e)(v), (vi) and (vii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Cabinet Secretary, the names of two persons of opposite gender who are qualified for appointment to the Council under section 4 of the Act.
|
(3) |
The organizations referred to in section 4(1)(e)(viii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Cabinet Secretary, the names of four persons, half of whom shall be of opposite gender, who are qualified for appointment to the Council under section 4 of the Act.
|
(4) |
Upon receipt of the names under paragraph (3), the Cabinet Secretary shall, by notice in the Gazette, appoint—
(a) |
three persons consisting of one person from each set of two names submitted by the each of the three organizations under paragraph (2); and
|
(b) |
two persons from the four names submitted by the organizations under paragraph (3), to be members of the Board.
|
|
(5) |
In making the appointments under paragraph (4), the Cabinet Secretary shall ensure that the Council reflects the regional and other diversities of the people of Kenya and that not more than two-thirds of the members are of the same gender.
|
|
4. |
Appointment of nominated members
No person shall be appointed under regulation 3 unless such person—
(a) |
is qualified in accordance with the Act; and
|
(b) |
satisfies the requirements of Chapter six of the Constitution.
|
|
PART III – ELECTIONS TO THE COUNCIL
5. |
Appointment of returning officer
(1) |
The Council shall, within two months of a vacancy arising in the Council or at least four months before the date on which elected members cease to hold office, appoint a person to be the returning officer for the purpose of election of members under section 4(1)(e)(i), (ii), (iii) and (iv) of the Act.
|
(2) |
Subject to these Regulations, the returning officer shall—
(a) |
not be a member of the Council;
|
(b) |
be responsible for the conduct of the elections.
|
|
|
6. |
Qualification for election
(1) |
The qualifications of the various categories of elected members to be elected and the qualifications of persons entitled to nominate and to take part in the election of candidates of each of these categories shall be as specified in the First Schedule.
|
(2) |
In order to be eligible for election or to be entitled to nominate for or take part in the election a person shall be required to have the requisite qualifications on the date to be fixed by the returning officer as the last day on which nomination papers shall be received.
|
|
7. |
Publication of notice of election
The returning officer shall fix the last date on which nomination papers shall be received and at least twenty-one days before the date so fixed he shall cause notice of the election to be published in the Gazette and in at least two newspapers circulating in Kenya, which notice shall be as nearly as may be to Form A set out in the Second Schedule.
|
8. |
Nomination of candidates
Each candidate for election shall be nominated on a separate nomination paper signed by not fewer than three persons having the requisite qualifications for nominating the candidate.
|
9. |
Nomination papers
(1) |
Forms of nomination papers may, on application by post or otherwise, be obtained from the returning officer at the address referred to in paragraph (3) and in making the application it should be clearly stated for what part of the election the nomination form or forms are required.
|
(2) |
Every nomination paper shall contain the name, address and registered qualification, and other requisite qualifications, of any of the candidates nominated, and the address and registered qualifications of each of the persons nominating the candidate and shall be as nearly as may be in Form B set out in the Second Schedule.
|
(3) |
Every nomination paper shall—
(a) |
be accompanied by the declaration in writing in Form C set out in the Second Schedule signed by the person nominated, acknowledging that he consents to be nominated;
|
(b) |
be accompanied by a fee of ten thousand shillings;
|
(c) |
be addressed to the Returning Officer, Nursing Council of Kenya, P.O. Box 20056-00200, Nairobi, and delivered to him before the hour of 4 p.m. on the last day fixed by the returning officer for the receipt of nomination papers.
|
|
(4) |
Any nomination paper which is not received at the address referred to in paragraph (3) before the hour and day specified in that paragraph shall be invalid.
|
|
10. |
List of nominated candidates
As soon as possible after the time fixed for the receipt of nomination papers has expired, the returning officer shall publish at the offices of the Council a list of the duly nominated candidates and shall on the same day send a copy of that list by registered post to each of the candidates.
|
11. |
Conduct of the election
(1) |
The election of elected members of the Council shall be conducted in accordance with the provisions of this regulation.
|
(2) |
If the number of duly nominated candidates in respect of any category of elected members does not exceed the number to be elected in that category the returning officer shall forthwith declare those candidates to be duly elected.
|
(3) |
If the number of duly nominated candidates in respect of any category of elected members exceeds the number to be elected in that category, the returning officer shall as soon as possible prepare ballot papers and identification envelopes which shall be as nearly as may be to Form D set out in the Second Schedule.
|
(4) |
The ballot papers shall contain the names, addresses and registered qualifications of all candidates who have been duly nominated and shall state the last day on which ballot papers may be received and the place to which they are to be returned.
|
(5) |
If no nominations are received on the appointed day the returning officer may extend the date for returning the nomination papers by fourteen days.
|
(6) |
The returning officer shall, at least twenty-one days before the last day fixed for the receipt of ballot papers, cause a ballot paper to be forwarded by post to each person qualified to vote in the election in accordance with the First Schedule at his registered address, together with an identification envelope.
|
(7) |
Votes shall not be cast or accepted except on the ballot papers provided by the returning officers.
|
(8) |
Each person qualified to vote in the election shall mark the ballot paper delivered to him with an X against the name or names of the nominated candidate or candidates (not exceeding the number to be elected) for whom he votes and shall place the ballot paper inside the identification envelope, sign the declaration on the envelope, place it inside a covering envelope, and send it by post or otherwise to the returning officer at the address stated therein.
|
|
12. |
Counting of votes and declaration of elected members
(1) |
The returning officer shall, immediately after the last day fixed for receipt of ballot papers, ascertain the validity of the votes cast by the examination of identification envelope, open the envelope, examine and count the valid votes given for each candidate.
|
(2) |
The examination, opening and counting of the votes under paragraph (1) shall be done by the returning officer in the presence of the candidates or their duly nominated representatives, of whom seven days' notice shall have been issued to their last known address, but the absence of a candidate or his representative to whom due notice has been given shall not in any way prevent the returning officer from proceeding with the examination, opening and counting of the votes.
|
(3) |
In each of the categories for which the election is held the candidates having the greatest number of votes shall be declared elected by the returning officer.
|
(4) |
In the event of equality of votes between two or more candidates the returning officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.
|
|
13. |
Determination by returning officer
Any question arising with regard to the validity of a nomination or ballot paper shall be determined by the returning officer.
|
14. |
Written notice of results of the election
The returning officer shall forthwith deliver to every candidate a written notice of the result of the election and shall deliver to the Registrar for onward transmission to the Cabinet Secretary a list of candidates certified by him to have been elected showing the number of votes cast for each candidate.
|
15. |
Validity of election
(1) |
Any candidate unsuccessful at the poll may either personally or by agent appointed in writing, notify the returning officer within fourteen days after the declaration of the result of the elections, that he contests the validity of that part of the election in respect of which he was unsuccessful on the ground of non-compliance with the provisions of these Regulations, or of misdescription or miscount, or of the non-delivery or loss of any document.
|
(2) |
If after consideration of the contention disclosed in the notice, the returning officer is satisfied in respect of that part that the election was conducted substantially in accordance with the provisions of these Regulations and that any non-compliance, misdescription, miscount, non-delivery or loss did not affect the result of that part of the election, he may, within fourteen days of receiving the notice, so certify, and in that event he shall forward a copy of his certificate to the unsuccessful candidate, who may, within seven days of receiving that copy, appeal to the Cabinet Secretary.
|
(3) |
Where the returning officer does not certify in accordance with subregulation (2), he shall, not later than the fifteenth day after receiving the notice forward a copy thereof to the Cabinet Secretary together with such comments as he thinks fit.
|
(4) |
The Cabinet Secretary shall consider any appeal made under paragraph (2) or any notice received under paragraph (3) and his decision as to whether the result of the relevant part of the election was affected, shall be final.
|
|
16. |
Appointment of elected members
(1) |
Upon receipt of the names under regulation 15, the Cabinet Secretary shall, by notice in the Gazette, appoint the persons elected as members of the Council.
|
(2) |
No person shall be appointed under paragraph (1) unless such person—
(a) |
is qualified in accordance with the Act; and
|
(b) |
satisfies the requirements of Chapter six of the Constitution.
|
|
|
PART IV – MISCELLANEOUS
17. |
Election offences
(1) |
(a) |
commits the offence of personation, treating, undue influence or bribery as defined in the Elections Act (Cap. 7);
|
(b) |
makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of withdrawal of any other candidate at such election;
|
(c) |
forges, defaces or destroys any nomination paper, or delivers to a returning officer any nomination paper knowing it to be forged;
|
(d) |
interferes with the ballot paper by removing, destroying, concealing or mutilating, or assists in the removal, destruction, concealment or mutilation, of any such material;
|
(e) |
directly or indirectly prints, manufactures or supplies or procures the printing, manufacture or supply of any ballot paper in connection with the election save on the authority of the Council;
|
(f) |
obstructs or hinders the returning officer, candidate or agent in the execution of their lawful duties;
|
(g) |
makes a false statement or furnishes false particulars in any statement which is required under this Act knowing the statement or particulars to be false or without reasonable grounds for believing the same to be true;
|
(h) |
forges, counterfeits, defaces or destroys any ballot paper or the official perforation, stamp or mark on any ballot paper or any campaign or promotional material of an opposing candidate;
|
(i) |
sells or offers for sale any ballot paper to any person, or purchases or offers to purchase any ballot paper from any person;
|
(j) |
without authority destroys, takes, opens, disposes of or otherwise interferes with any election material in use or intended to be used for the purposes of an election;
|
(k) |
without authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election;
|
(l) |
votes at any election when not entitled to vote; or
|
(m) |
votes more than once in any election,
|
|
(2) |
Any person who commits an offence under paragraph (1) shall be liable to a fine not exceeding ten thousand shillings or to imprisonment to a term not exceeding six months or to both such fine and imprisonment.
|
|
18. |
Revocation of L.N. 124/1985
The Nurses (Elections to Council) Regulations, 1985, are hereby revoked.
|
FIRST SCHEDULE [r. 6]
CATEGORIES OF ELECTED MEMBERS
Qualification of person to be elected
|
|
Qualifications of persons entitled to nominate and take part in election
|
Registered midwife who is also a registered nurse practising the profession as a midwife at the time of election.
|
|
Registered midwives (i.e. those persons whose names for the time being appear on the register of midwives).
|
Registered community health nurse who also a registered nurse practising the profession as a community health nurse a the time of election.
|
|
Registered community health nurses (i.e those persons whose names for the time being appear on the register of community health nurses).
|
Registered psychiatric/mental health nurse practising the profession as a psychiatric/mental health nurse at the time of election.
|
|
Registered psychiatric/mental health nurses (i.e. those persons whose names for the time being appear on the register of psychiatric/mental health nurses).
|
Registered general nurses (i.e. nurses registered in the general part of the Register), who is practising the profession as a general nurse at the time of election.
|
|
Registered general nurses (i.e. those persons whose names for the time being appear on the register of nurses).
|
SECOND SCHEDULE [r. 7, 8, 11]
FORMS FOR ELECTIONS
THE NURSES AND MIDWIVES ACT
FORM A
|
(r. 7)
|
NOTICE OF ELECTIONS TO THE NURSING COUNCIL OF KENYA
|
Notice is given that under the provisions of section 4(l)(e) of the Nurses and Midwives Act (Cap. 257), and regulation 7 of these Regulations, an election will be held for the following vacancies in the Council—
(a) |
one registered midwife, to be elected by registered midwives;
|
(b) |
one registered community health nurse, to be elected by registered community health nurses;
|
(c) |
one registered psychiatric/mental health nurse, to be elected by registered psychiatric/mental health nurses;
|
(d) |
one registered general nurse, elected by registered general nurses.
|
Nominations are invited from Kenya Registered Midwives, Kenya Registered Community Health Nurses, Kenya Registered Psychiatric/ Mental Health Nurses and Kenya Registered General Nurses.
The nomination should reach the Returning Officer, c/o The Nursing Council of Kenya, P.O. Box 20056-00200, Nairobi, not later than ...................
FORM B
|
(r. 9(2))
|
NOMINATION PAPER FOR ELECTION OF REGISTERED NURSES TO THE NURSING COUNCIL OF KENYA
|
Note-Only a nurse registered and qualified in the area of speciality in which the candidate to be nominated is seeking election may sign this paper as a nominator.
We, the undersigned being nurses whose names appear on the register of nurses as ................. for the Republic of Kenya hereby nominate ............. of .............. whose registration number is ............. and who is employed at ......................... where he/she is engaged in ...............
FULL NAME (BLOCK LETTERS)
ADDRESS
REGISTERED QUALIFICATIONS AND NUMBERS
USUAL SIGNATURE
Date ......................
This nomination paper must be signed by not less than three nominators and must be received by the Returning Officer, the Nursing Council of Kenya, and P.O. Box 20056-00200, Nairobi, Kenya not later than 4 p.m. on ...................
(a) |
Here insert full name of candidate as given in the register.
|
(b) |
Here insert candidate's address.
|
(c) |
Here insert candidate's registration number.
|
(d) |
Here insert candidate's place of employment and his postal address.
|
(e) |
Here insert candidate's present post.
|
FORM C
|
(r. 9(3))
|
(FORM OF DECLARATION TO BE ISSUED WITH NOMINATION PAPERS FOR USE BY NOMINATED CANDIDATE)
|
ELECTION TO THE NURSING COUNCIL OF KENYA
|
Date ............................
I, (*) ..................... consent to be nominated as a candidate for election as representative of the nurses registered in the (!)........... to serve on the Nursing Council of Kenya.
I declare that the statement in the nomination paper regarding my qualifications is correct.
Signature ....................... Registration Number ...............
Address ........................
(*) Here insert full name, in block letters.
(!) Here insert “General Part of the Register”; or
or “part of the Register for Psychiatric/Mental Health Nurses”;
or “Register of Community Health Nurses”;
or “Register of midwives”, as the case may be.
This declaration form, which must accompany the nomination paper, must be received by the Returning Officer, not later than ............
To: The Returning Officer,
Nursing Council of Kenya,
P.O. Box 20056-00200, Nairobi.
__________________________
FORM D
|
(r. 11(3))
|
BALLOT PAPERS
|
__________________________________________________________________________________________________BALLOT PAPER IELECTION OF ONE REGISTERED MIDWIFE NURSE__________________________________________________________________________________________________
|
Electors Names of candidates Present post and RegisteredMark X nominated address of candidate qualifications andnominated Number___________________________________________________________________________________________________
|
BALLOT PAPER IIELECTION OF ONE REGISTERED COMMUNITY HEALTH NURSE___________________________________________________________________________________________________
|
Electors Names of candidates Present post and RegisteredMark X nominated address of candidate qualifications andnominated Number__________________________________________________________________________________________________
|
BALLOT PAPER IIIELECTION OF ONE REGISTERED PSYCHIATRIC/MENTAL HEALTH NURSE___________________________________________________________________________________________________
|
Electors Names of candidates Present post and RegisteredMark X nominated address of candidate qualifications andnominated Number___________________________________________________________________________________________________
|
BALLOT PAPER IVELECTION OF TWO REGISTERED GENERAL NURSES___________________________________________________________________________________________________
|
Electors Names of candidate Present post and RegisteredMark X nominated address of candidates qualifications andnominated Number____________________________________________________________________________________________________
|
IDENTIFICATION ENVELOPEI, the undersigned, declare that I am the person to whom the enclosed ballot paper is addressed as above; that I am registered on the ............................. part of the register, and that I have not marked any other ballot paper in this part of the election.Signature...........................................
|
THE NURSES (NURSING COMMODITIES) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
PART II – APPROVAL OF NURSING COMMODITIES
4. |
Application and issuance of a licence
|
5. |
Complaints on nursing commodities
|
PART III – INSPECTIONS
7. |
Places authorized officers may enter
|
10. |
Entry of dwelling place
|
11. |
Court to issue warrant
|
13. |
Certificate of analysis
|
14. |
Assistance of officers
|
16. |
Order for restoration
|
PART IV – OFFENCES
18. |
Offences against the Council
|
21. |
Nature of evidence in proceedings
|
SCHEDULES
FIRST SCHEDULE [r. 2.] — |
NURSING COMMODITIES
|
THE NURSES (NURSING COMMODITIES) REGULATIONS, 2012
PART I – PRELIMINARY
1. |
Citation
These Regulations may be cited as the Nurses (Nursing Commodities) Regulations, 2012.
|
2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“authorized officer” means an officer appointed under regulation 6;
“Council” has the meaning assigned to it by the Act;
“Kenya Standard” has the meaning assigned to it by section 2 of the Standards Act (Cap. 496);
“licence” means a licence issued under regulation 3;
“nursing commodity” means a commodity used by a nurse in the practice of nursing and includes any of the commodities specified in the First Schedule.
|
PART II – APPROVAL OF NURSING COMMODITIES
3. |
Approval by Council
(1) |
Subject to such exemptions as may be specified by the Council, no person shall—
(a) |
manufacture or otherwise produce;
|
(c) |
import or cause to be imported; or
|
(d) |
export or cause to be exported, any nursing commodity unless the commodity conforms to the relevant Kenya Standard and the person has obtained the prior approval of the Council signified by the grant of a licence as set out in these Regulations.
|
|
(2) |
For the purposes of paragraph (1), a nursing commodity shall be deemed to have been exported when it is placed on a ship, aircraft, train or any other vehicle within Kenya for the purposes of export.
|
|
4. |
Application and issuance of a licence
(1) |
A person who manufactures, sells, imports or exports any nursing commodity shall apply, to the Council for an appropriate licence or for a renewal of the licence.
|
(2) |
The application for a licence under paragraph (1) shall be in Form A set out in the Second Schedule and shall be accompanied with—
(a) |
the relevant permit from Kenya Bureau of Standards evidencing compliance with the Kenya Standard;
|
(b) |
certified copies of the certificate of registration or incorporation where the applicant is a firm or company together with a certified list of the partners or directors;
|
(c) |
such fees as the Council may specify;
|
(d) |
such other documentation as the Council may require.
|
|
(3) |
On receiving an application for a licence or for a renewal of a licence the Council may, issue to the applicant the appropriate licence or renew the licence.
|
(4) |
If the Council refuses to issue a nursing commodity licence, the Council shall notify the applicant in writing of the reasons for the refusal and give the applicant an opportunity to be heard.
|
(5) |
A licence issued under this Regulation shall—
(a) |
be in Form B set out in the Second Schedule;
|
(b) |
authorize the licensee to manufacture, sell, import or export any nursing commodity;
|
(c) |
be specific with regard to the nursing commodity and person to whom it is issued;
|
(d) |
be valid for a period of one year or such other period as the Council may determine at the time of granting or renewal;
|
(e) |
contain such other conditions as the Council deems necessary to impose.
|
|
(6) |
A licence issued under this regulation may—
(a) |
be amended at any time on written notice to the holder by the Council, if in its opinion, the amendment is necessary for the purposes of public safety;
|
(b) |
be suspended or revoked by the Council if the holder fails to comply with the conditions contained in the licence or laid down in these Regulations.
|
|
(7) |
The Council may suspend a nursing commodity licence if the Council has reasonable grounds to believe that—
(a) |
the licensee has contravened these Regulations or any provision of the Standards Act;
|
(b) |
the licensee has made a false or misleading statement in the application;
|
(c) |
the licensee has failed to comply with the terms and conditions of the licence;
|
(d) |
the licensee has not complied with a request for information or samples made by the day specified in the request, or the information or samples provided are insufficient to enable the Council to determine whether the nursing commodity meets the safety and effectiveness requirements;
|
(e) |
the nursing commodity no longer meets the safety and effectiveness requirements; or
|
(f) |
on the basis of information obtained after the commodity was licensed, the quality management system under which the commodity has been designed, or manufactured, assembled, processed, packaged, refurbished or modified, is inadequate to ensure that the commodity meets its specifications.
|
|
(8) |
The Council shall not suspend a nursing commodity license until—
(a) |
the Council has sent the licensee a written notice that sets out the reason for the proposed suspension, any corrective action required to be taken and the time within which it must be taken;
|
(b) |
if corrective action is required, the time set out in the notice has passed without the action having been taken; and
|
(c) |
the licensee has been given an opportunity to be heard in respect of the suspension.
|
|
|
5. |
Complaints on nursing commodities
(1) |
Any person may lodge a complaint to the Council in respect of a nursing commodity.
|
(2) |
A complaint under paragraph (1) shall be lodged in Form C set out in the Second Schedule and shall be accompanied by any supporting documentation as may be necessary.
|
(3) |
Upon receipt of a complaint under paragraph (1), the Council shall investigate the complaint and take any action as authorised in this regulation in relation to the licence granted to the person complained against.
|
(4) |
The licensee shall be given an opportunity to be heard during the investigations under this regulation.
|
|
PART III – INSPECTIONS
6. |
Authorised officers
(1) |
The Minister shall, upon recommendation by Council, appoint for each county, any person or class of persons to be authorised officers for purposes of these Regulations.
|
(2) |
The Minister shall issue a certificate of appointment to every person appointed under this regulation.
|
(3) |
Notwithstanding the provisions of this regulation, any person upon whom this law vests functions of maintenance of law and order, shall be deemed to be authorised officers for the purposes of these Regulations.
|
|
7. |
Places authorized officers may enter
(1) |
For the purposes of ensuring compliance with these Regulations, an authorised officer may, at any reasonable time, enter any place in which the officer believes on reasonable grounds that any person or persons is in any way contravening the provisions of these Regulations.
|
(2) |
An authorised officer entering any premises under this regulation shall, if so required, produce for inspection by the person who is or appears to be in charge of the premises the certificate issued to him under regulation 6(2).
|
|
8. |
Powers of officers
In carrying out an inspection in any place pursuant to regulation 7, an authorised officer may—
(a) |
examine any nursing commodity or anything referred to in that regulation;
|
(b) |
require any person in such place to produce for inspection, in the manner and form requested by the officer, the nursing commodity or thing;
|
(c) |
open or require any person in the place to open any container or package found in the place that the officer believes on reasonable grounds contains the nursing commodity or thing;
|
(d) |
conduct any test or analysis or take any measurements; or
|
(e) |
require any person found in the place to produce for inspection or copying, any written or electronic information that is relevant to the administration or enforcement of these Regulations.
|
|
9. |
Use of records
In carrying out an inspection in a place, an authorised officer may—
(a) |
use or cause to be used any computer system in the place to examine data contained in or available to the computer system that is relevant to the administration or enforcement of these Regulations;
|
(b) |
reproduce the data in the form of a print-out or other intelligible output and take it for examination or copying;
|
(c) |
use or cause to be used any copying equipment in the place to make copies of any data, record or document;
|
(d) |
scrutinize any other record system in use in that place.
|
|
10. |
Entry of dwelling place
An authorised officer may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant issued under regulation 11.
|
11. |
Court to issue warrant
(1) |
Upon an ex-parte application, a magistrate or judge of the High Court, may issue a warrant authorising the authorised officer named in the warrant to enter and inspect a dwelling place, subject to any conditions specified in the warrant, if the magistrate or judge is satisfied by information on oath that—
(a) |
the dwelling place is a place referred to in regulation 10;
|
(b) |
entry to the dwelling place is necessary for the administration or enforcement of these Regulations;
|
(c) |
the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused.
|
|
(2) |
The time of such entry shall be between six o’clock in the forenoon and six o’clock in the afternoon of any day of the week.
|
|
12. |
Use of force
An authorised officer executing the warrant issued under regulation 11 shall not use force unless such officer is accompanied by a police officer and the use of force is specifically authorised in the warrant.
|
13. |
Certificate of analysis
An authorised officer who has analyzed or examined any nursing commodity or thing under these Regulations, or a sample of it, shall issue a certificate or report setting out the results of the analysis or examination.
|
14. |
Assistance of officers
(1) |
The owner of a place inspected by an authorised officer under these Regulations or the person in charge of the place and every person found in the place shall—
(a) |
provide all reasonable assistance to enable the authorised officer to carry out his duties under these Regulations;
|
(b) |
furnish the authorised officer with such information as the officer reasonably requires for the purpose for which entry into the place has been made.
|
|
(2) |
The inspecting agent in paragraph (1) shall issue the respective inspection completion and certification certificate once satisfied with the inspection.
|
|
15. |
Seizure
(1) |
During an inspection under these Regulations, an authorised officer may seize any nursing commodity or thing by means of which or in relation to which the officer believes, on reasonable grounds, that these Regulations have been contravened and a full inventory thereof shall be made at the time of such seizure by the officer.
|
(2) |
The authorised officer may direct that any nursing commodity or thing seized be kept or stored in the place where it was seized or that it be removed to another place.
|
(3) |
Unless authorised by an officer, no person shall remove, alter or interfere in any manner with any nursing commodity or other thing seized.
|
(4) |
Any person from whom any nursing commodity or thing was seized may, within thirty days after the date of seizure, apply to the High Court for an order of restoration, and shall send notice containing the prescribed information to the Minister within the prescribed time and in the prescribed manner.
|
|
16. |
Order for restoration
(1) |
The High Court may order that the nursing commodity or thing be restored immediately to the applicant if, on hearing the application, the court is satisfied that-
(a) |
the applicant is entitled to possession of the nursing commodity or thing seized; and
|
(b) |
the nursing commodity or thing seized is not and will not be required as evidence in any proceedings in respect of an offence under these Regulations.
|
|
(2) |
Where upon hearing an application made under paragraph (1) the court is satisfied that the applicant is entitled to possession of the nursing commodity or thing seized but is not satisfied with respect to the matters mentioned in paragraph (b) of paragraph (1), the court may order that the nursing commodity or thing seized be restored to the applicant on the expiration of one hundred and eighty days from the date of seizure if no proceedings in respect of an offence under these Regulations have been commenced before that time.
|
|
PART IV – OFFENCES
17. |
Obstruction
(1) |
No person shall obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under these Regulations.
|
(2) |
A person who contradicts the provisions of paragraph (1) commits an offence.
|
|
18. |
Offences against the Council
(1) |
(a) |
knowingly provides false information to the Council; or
|
(b) |
does anything calculated to improperly influence the Council or any authorized officer concerning any matter connected with the exercise of any power or the performance of any function of the Council; or
|
(c) |
fails to produce any document or thing in his or her possession or under his or her control lawfully required by the Council to be produced, commits an offence.
|
|
|
19. |
General penalty
Any person convicted of an offence under these Regulations for which no other penalty is provided shall be liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both.
|
20. |
Nature of offences
(1) |
Where a corporation, registered society or other similar legal entity commits an offence under these Regulations, any director or officer of the corporation, society or legal entity who acquiesced in the offence commits an offence shall, on conviction, be liable to the penalty provided for by these Regulations in respect of the offence committed by the corporation, society or legal entity, whether or not such corporation, society or legal entity has been prosecuted.
|
(2) |
In any prosecution for an offence under these Regulations, it shall be sufficient proof of the offence to establish that the offence was committed by an employee or agent of the accused.
|
(3) |
Any act done or omitted to be done by an employee in contravention of any of the provisions of these Regulations shall be deemed also to be the act or omission of the
employer, and any proceedings for an offence arising out of such act or omission may be taken against both the employer and the employee.
|
|
21. |
Nature of evidence in proceedings
(1) |
In any prosecution for an offence under these Regulations, a copy of any written or electronic information obtained during an inspection under these Regulations and certified to be a true copy thereof shall be admissible in evidence and shall, in the absence of evidence to the contrary, be proof of its contents.
|
(2) |
Subject to this Part, a certificate or report purporting to be signed by an officer stating that the officer analyzed anything to which these Regulations applies and stating the results of the analysis, shall be admissible in evidence in any prosecution for an offence under these Regulations without proof of the signature or official character of the person appearing to have signed the certificate or report.
|
(3) |
The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced notice of not less than seven days of that intention together with a copy of the certificate or report.
|
(4) |
The party against whom the certificate or report provided for under paragraph (3) is produced may, with leave of the court, require the attendance of the officer for purposes of cross examination.
|
(5) |
In a prosecution for a contravention of these Regulations—
(a) |
information on a package indicating that it contains an nursing commodity is, in the absence of evidence to the contrary, proof that the package contains a nursing commodity; and
|
(b) |
a name or address on a package purporting to be the name or address of the person by whom the nursing commodity was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person.
|
|
|
THE NURSES (NURSING COMMODITIES) REGULATIONS
PART I – PRELIMINARY
1. |
Citation
These Regulations may be cited as the Nurses (Nursing Commodities) Regulations.
|
2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“authorized officer” means an officer appointed under regulation 6;
“Council” has the meaning assigned to it by the Act;
“Kenya Standard” has the meaning assigned to it by section 2 of the Standards Act (Cap. 496);
“licence” means a licence issued under regulation 3;
“nursing commodity” means a commodity used by a nurse in the practice of nursing and includes any of the commodities specified in the First Schedule.
|
PART II – APPROVAL OF NURSING COMMODITIES
3. |
Approval by Council
(1) |
Subject to such exemptions as may be specified by the Council, no person shall—
(a) |
manufacture or otherwise produce;
|
(c) |
import or cause to be imported; or
|
(d) |
export or cause to be exported,
|
any nursing commodity unless the commodity conforms to the relevant Kenya Standard and the person has obtained the prior approval of the Council signified by the grant of a licence as set out in these Regulations.
|
(2) |
For the purposes of paragraph (1), a nursing commodity shall be deemed to have been exported when it is placed on a ship, aircraft, train or any other vehicle within Kenya for the purposes of export.
|
|
4. |
Application and issuance of a licence
(1) |
A person who manufactures, sells, imports or exports any nursing commodity shall apply, to the Council for an appropriate licence or for a renewal of the licence.
|
(2) |
The application for a licence under paragraph (1) shall be in Form A set out in the Second Schedule and shall be accompanied with—
(a) |
the relevant permit from Kenya Bureau of Standards evidencing compliance with the Kenya Standard;
|
(b) |
certified copies of the certificate of registration or incorporation where the applicant is a firm or company together with a certified list of the partners or directors;
|
(c) |
such fees as the Council may specify;
|
(d) |
such other documentation as the Council may require.
|
|
(3) |
On receiving an application for a licence or for a renewal of a licence the Council may, issue to the applicant the appropriate licence or renew the licence.
|
(4) |
If the Council refuses to issue a nursing commodity licence, the Council shall notify the applicant in writing of the reasons for the refusal and give the applicant an opportunity to be heard.
|
(5) |
A licence issued under this Regulation shall—
(a) |
be in Form B set out in the Second Schedule;
|
(b) |
authorize the licensee to manufacture, sell, import or export any nursing commodity;
|
(c) |
be specific with regard to the nursing commodity and person to whom it is issued;
|
(d) |
be valid for a period of one year or such other period as the Council may determine at the time of granting or renewal;
|
(e) |
contain such other conditions as the Council deems necessary to impose.
|
|
(6) |
A licence issued under this regulation may—
(a) |
be amended at any time on written notice to the holder by the Council, if in its opinion, the amendment is necessary for the purposes of public safety;
|
(b) |
be suspended or revoked by the Council if the holder fails to comply with the conditions contained in the licence or laid down in these Regulations.
|
|
(7) |
The Council may suspend a nursing commodity licence if the Council has reasonable grounds to believe that—
(a) |
the licensee has contravened these Regulations or any provision of the Standards Act, (Cap. 496);
|
(b) |
the licensee has made a false or misleading statement in the application;
|
(c) |
the licensee has failed to comply with the terms and conditions of the licence;
|
(d) |
the licensee has not complied with a request for information or samples made by the day specified in the request, or the information or samples provided are insufficient to enable the Council to determine whether the nursing commodity meets the safety and effectiveness requirements;
|
(e) |
the nursing commodity no longer meets the safety and effectiveness requirements; or
|
(f) |
on the basis of information obtained after the commodity was licensed, the quality management system under which the commodity has been designed, or manufactured, assembled, processed, packaged, refurbished or modified, is inadequate to ensure that the commodity meets its specifications.
|
|
(8) |
The Council shall not suspend a nursing commodity license until—
(a) |
the Council has sent the licensee a written notice that sets out the reason for the proposed suspension, any corrective action required to be taken and the time within which it must be taken;
|
(b) |
if corrective action is required, the time set out in the notice has passed without the action having been taken; and
|
(c) |
the licensee has been given an opportunity to be heard in respect of the suspension.
|
|
|
5. |
Complaints on nursing commodities
(1) |
Any person may lodge a complaint to the Council in respect of a nursing commodity.
|
(2) |
A complaint under paragraph (1) shall be lodged in Form C set out in the Second Schedule and shall be accompanied by any supporting documentation as may be necessary.
|
(3) |
Upon receipt of a complaint under paragraph (1), the Council shall investigate the complaint and take any action as authorised in this regulation in relation to the licence granted to the person complained against.
|
(4) |
The licensee shall be given an opportunity to be heard during the investigations under this regulation.
|
|
PART III – INSPECTIONS
6. |
Authorised officers
(1) |
The Cabinet Secretary shall, upon recommendation by Council, appoint for each county, any person or class of persons to be authorised officers for purposes of these Regulations.
|
(2) |
The Cabinet Secretary shall issue a certificate of appointment to every person appointed under this regulation.
|
(3) |
Notwithstanding the provisions of this regulation, any person upon whom this law vests functions of maintenance of law and order, shall be deemed to be authorised officers for the purposes of these Regulations.
|
|
7. |
Places authorized officers may enter
(1) |
For the purposes of ensuring compliance with these Regulations, an authorised officer may, at any reasonable time, enter any place in which the officer believes on reasonable grounds that any person or persons is in any way contravening the provisions of these Regulations.
|
(2) |
An authorised officer entering any premises under this regulation shall, if so required, produce for inspection by the person who is or appears to be in charge of the premises the certificate issued to him under regulation 6(2).
|
|
8. |
Powers of officers
In carrying out an inspection in any place pursuant to regulation 7, an authorised officer may—
(a) |
examine any nursing commodity or anything referred to in that regulation;
|
(b) |
require any person in such place to produce for inspection, in the manner and form requested by the officer, the nursing commodity or thing;
|
(c) |
open or require any person in the place to open any container or package found in the place that the officer believes on reasonable grounds contains the nursing commodity or thing;
|
(d) |
conduct any test or analysis or take any measurements; or
|
(e) |
require any person found in the place to produce for inspection or copying, any written or electronic information that is relevant to the administration or enforcement of these Regulations.
|
|
9. |
Use of records
In carrying out an inspection in a place, an authorised officer may—
(a) |
use or cause to be used any computer system in the place to examine data contained in or available to the computer system that is relevant to the administration or enforcement of these Regulations;
|
(b) |
reproduce the data in the form of a print-out or other intelligible output and take it for examination or copying;
|
(c) |
use or cause to be used any copying equipment in the place to make copies of any data, record or document;
|
(d) |
scrutinize any other record system in use in that place.
|
|
10. |
Entry of dwelling place
An authorised officer may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant issued under regulation 11.
|
11. |
Court to issue warrant
(1) |
Upon an ex-parte application, a magistrate or judge of the High Court, may issue a warrant authorising the authorised officer named in the warrant to enter and inspect a dwelling place, subject to any conditions specified in the warrant, if the magistrate or judge is satisfied by information on oath that—
(a) |
the dwelling place is a place referred to in regulation 10;
|
(b) |
entry to the dwelling place is necessary for the administration or enforcement of these Regulations;
|
(c) |
the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused.
|
|
(2) |
The time of such entry shall be between six o’clock in the forenoon and six o’clock in the afternoon of any day of the week.
|
|
12. |
Use of force
An authorised officer executing the warrant issued under regulation 11 shall not use force unless such officer is accompanied by a police officer and the use of force is specifically authorised in the warrant.
|
13. |
Certificate of analysis
An authorised officer who has analyzed or examined any nursing commodity or thing under these Regulations, or a sample of it, shall issue a certificate or report setting out the results of the analysis or examination.
|
14. |
Assistance of officers
(1) |
The owner of a place inspected by an authorised officer under these Regulations or the person in charge of the place and every person found in the place shall—
(a) |
provide all reasonable assistance to enable the authorised officer to carry out his duties under these Regulations;
|
(b) |
furnish the authorised officer with such information as the officer reasonably requires for the purpose for which entry into the place has been made.
|
|
(2) |
The inspecting agent in paragraph (1) shall issue the respective inspection completion and certification certificate once satisfied with the inspection.
|
|
15. |
Seizure
(1) |
During an inspection under these Regulations, an authorised officer may seize any nursing commodity or thing by means of which or in relation to which the officer believes, on reasonable grounds, that these Regulations have been contravened and a full inventory thereof shall be made at the time of such seizure by the officer.
|
(2) |
The authorised officer may direct that any nursing commodity or thing seized be kept or stored in the place where it was seized or that it be removed to another place.
|
(3) |
Unless authorised by an officer, no person shall remove, alter or interfere in any manner with any nursing commodity or other thing seized.
|
(4) |
Any person from whom any nursing commodity or thing was seized may, within thirty days after the date of seizure, apply to the High Court for an order of restoration, and shall send notice containing the prescribed information to the Cabinet Secretary within the prescribed time and in the prescribed manner.
|
|
16. |
Order for restoration
(1) |
The High Court may order that the nursing commodity or thing be restored immediately to the applicant if, on hearing the application, the court is satisfied that-
(a) |
the applicant is entitled to possession of the nursing commodity or thing seized; and
|
(b) |
the nursing commodity or thing seized is not and will not be required as evidence in any proceedings in respect of an offence under these Regulations.
|
|
(2) |
Where upon hearing an application made under paragraph (1) the court is satisfied that the applicant is entitled to possession of the nursing commodity or thing seized but is not satisfied with respect to the matters mentioned in paragraph (b) of paragraph (1), the court may order that the nursing commodity or thing seized be restored to the applicant on the expiration of one hundred and eighty days from the date of seizure if no proceedings in respect of an offence under these Regulations have been commenced before that time.
|
|
PART IV – OFFENCES
17. |
Obstruction
(1) |
No person shall obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under these Regulations.
|
(2) |
A person who contradicts the provisions of paragraph (1) commits an offence.
|
|
18. |
Offences against the Council
(a) |
knowingly provides false information to the Council; or
|
(b) |
does anything calculated to improperly influence the Council or any authorized officer concerning any matter connected with the exercise of any power or the performance of any function of the Council; or
|
(c) |
fails to produce any document or thing in his or her possession or under his or her control lawfully required by the Council to be produced,
|
|
19. |
General penalty
Any person convicted of an offence under these Regulations for which no other penalty is provided shall be liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both.
|
20. |
Nature of offences
(1) |
Where a corporation, registered society or other similar legal entity commits an offence under these Regulations, any director or officer of the corporation, society or legal entity who acquiesced in the offence commits an offence shall, on conviction, be liable to the penalty provided for by these Regulations in respect of the offence committed by the corporation, society or legal entity, whether or not such corporation, society or legal entity has been prosecuted.
|
(2) |
In any prosecution for an offence under these Regulations, it shall be sufficient proof of the offence to establish that the offence was committed by an employee or agent of the accused.
|
(3) |
Any act done or omitted to be done by an employee in contravention of any of the provisions of these Regulations shall be deemed also to be the act or omission of the employer, and any proceedings for an offence arising out of such act or omission may be taken against both the employer and the employee.
|
|
21. |
Nature of evidence in proceedings
(1) |
In any prosecution for an offence under these Regulations, a copy of any written or electronic information obtained during an inspection under these Regulations and certified to be a true copy thereof shall be admissible in evidence and shall, in the absence of evidence to the contrary, be proof of its contents.
|
(2) |
Subject to this Part, a certificate or report purporting to be signed by an officer stating that the officer analyzed anything to which these Regulations applies and stating the results of the analysis, shall be admissible in evidence in any prosecution for an offence under these Regulations without proof of the signature or official character of the person appearing to have signed the certificate or report.
|
(3) |
The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced notice of not less than seven days of that intention together with a copy of the certificate or report.
|
(4) |
The party against whom the certificate or report provided for under paragraph (3) is produced may, with leave of the court, require the attendance of the officer for purposes of cross examination.
|
(5) |
In a prosecution for a contravention of these Regulations—
(a) |
information on a package indicating that it contains an nursing commodity is, in the absence of evidence to the contrary, proof that the package contains a nursing commodity; and
|
(b) |
a name or address on a package purporting to be the name or address of the person by whom the nursing commodity was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person.
|
|
|
FIRST SCHEDULE [r. 2.]
NURSING COMMODITIES
• Restricted purely for use by doctors, nurses and clinical officers in hospitals, clinics, nursing and medical schools.
S/No.
|
Generic Name
|
Alternate Names
|
1
|
Abdomimal cavity drainage tube
|
Celliac drainage tube
|
2
|
Abdominal drain set
|
|
3
|
Abdominal sponges.
|
Abdominal pack
|
4
|
Airways
|
Oropharyngeal airways
|
5
|
Ambu bags
|
Bag valve mask
|
6
|
Combined anaesthetic and spinal kit
|
|
7
|
High vacuum extractors
|
|
8
|
Absorbable haemostat
|
Surgicel
|
9
|
Amniotic fluid swab
|
|
10
|
Arterial veinous fistula catheter
|
|
11
|
Arterioveinous fistula needle.
|
|
12
|
Autoclaving tape
|
Steam indicator tape
|
13
|
Bedside Drainage bag
|
leg bag
|
14
|
Blood giving sets
|
Transfusion sets
|
15
|
Blood lines haemodialysis tubing.
|
|
16
|
Bone marrow needles
|
Bone marrow aspiration needles
|
17
|
Cardio Pulmonary Resuscitation masks
|
pocket face masks
|
18
|
Central veinous catheter.
|
Central venous line
|
19
|
Central venous line.
|
|
20
|
Chest drainage system
|
thoracostomy drainage system, under water seal drainage system.
|
21
|
Chest drainage tubes
|
thoracostomy tube, intercostal drainage tube, thoracic catheter.
|
22
|
Chiba needle.
|
|
23
|
Circumcision devices
|
|
24
|
Colostomy bags
|
Ileostomy
|
25
|
Combined anaesthetic kit
|
|
26
|
Condoms
|
|
27
|
Dial thermometers
|
Sundial
|
28
|
Diaphragm
|
Midriff
|
29
|
Disposable anaesthetic filter
|
Disposable anaesthetic permeate
|
30
|
Disposable drainage pump
|
|
31
|
Disposable injection needles.
|
|
32
|
Elastogel
|
|
33
|
Electro Cardiogram graph paper
|
|
34
|
Electrocardiogram Electrodes
|
|
35
|
Endoctracheal tube connectors
|
|
36
|
Endotracheal tubes
|
tracheal t-tube, intubation tube
|
37
|
Endotracheal tubes tapes
|
ET Adhesive Tape, ET tape
|
38
|
Enema tubings
|
|
39
|
Enteral feeding
|
Nasogastric tube bag
|
40
|
Epidural needle
|
|
41
|
Eye pad
|
|
42
|
Feeding tubes
|
nasogatric tube
|
43
|
Finger dressing net
|
|
44
|
Flat reels
|
|
45
|
Flexible catheter mount
|
intersurgical flexible catheter mount,double swivel plastic disposable mount
|
46
|
Folley catheters
|
urethral catheters
|
47
|
Gibbon's catheter
|
|
48
|
Haemodialysis Dialyzers
|
|
49
|
Haemodialysis tubings
|
|
50
|
High pressure vacuum drainage bottle
|
|
51
|
I.V Flow regulator.
|
I.V Infusion control, regulator, clinical disposable I.V Regulator
|
52
|
Illeostomy bags
|
|
53
|
Impregnated gauze
|
|
54
|
Infusion sets
|
Fluid giving sets
|
55
|
Injection Syringes
|
|
56
|
Inline filters
|
|
57
|
Intra uterine contraceptive devices.
|
Endometrial contraceptive device
|
58
|
Intracostal drainage bag
|
Chest drainage bag
|
59
|
Intraveinous catheters
|
central venous catheters
|
60
|
Intravenous cannulae
|
|
61
|
Invalid air rings
|
circular Air Rings, Air cushions
|
62
|
IV Cannulae dressing
|
Medical I.v catheters dressing
|
63
|
Laryngeal Mask Airways (LMA)
|
|
64
|
Luer lock
|
|
65
|
Male external catheter
|
Condom catheter
|
66
|
Manual Vacuum Aspiration Kits
|
|
67
|
Mouth to mouth face shield
|
|
68
|
Mucous extractors
|
|
69
|
Multi way stop cork
|
|
70
|
Nasal catheters
|
|
71
|
Nebulizer mouth piece kit
|
|
72
|
Nebulizing kits
|
|
73
|
Nelaton catheter
|
|
74
|
Non woven swabs
|
|
75
|
Oral vaccinedroppers
|
|
76
|
Oxygen filters
|
|
77
|
Oxygen masks
|
|
78
|
Oxygen recovery kit
|
|
79
|
Oxygen set
|
|
80
|
Perfusion catheter
|
|
81
|
Plaster of paris
|
|
82
|
Polyvinyl chloride anesthetic mask
|
|
83
|
Polyvinyl chloride transparent wound dressing.
|
|
84
|
Post partum girdle
|
|
85
|
Rectal tubes.
|
|
86
|
Reflux valve
|
|
87
|
Respiratory exerciser
|
|
88
|
Safety boxes
|
Injection safety box
|
89
|
Scalp vein needles
|
|
90
|
Skeleton Traction kit
|
Bone traction kit
|
91
|
Skin grafting blades
|
|
92
|
Skin stepplers
|
|
93
|
Skin Traction kit
|
Adhesive, non adhesive skin traction kit
|
94
|
Soffratulle
|
parrafin gauze non medicated
|
95
|
Solusets
|
|
96
|
Spigots
|
|
97
|
Spinal needles
|
|
98
|
Spunlace adhesive tape.
|
|
99
|
Stent
|
|
100
|
steri-drape
|
U-Drape, Patient isolation drapes, Surgical drapes, instrument pouch, C- arm darpe, large towel drape
|
101
|
Sterilization Prep Materials
|
Instrument Sorter/Protector, Sterilization Pouches, Film Sterilization Bags - "Breather Bags", Sterility Maintenance Bags, Sterilization closure bags, Sterilization Wrappers/ Tray Liners, Sterilization Wrappers, Sterilization Pouches, Sterilization Tubing, Breather Tubing, Sterilization Tubing, Sealing Tape
|
102
|
Sterilized dressing pad.
|
Gauze Bandages, Trauma Emergency Sterile Bandage, Dress Outdoor Pads Guaze, Gauze Sponges Pads Sterile
|
103
|
Sterilizing tape
|
Autoclaving tape, sterilization indicator tape
|
104
|
Suction catheters
|
Yankauer Suction Tubes, Kendall Suction Catheters — Tracheal Suction, Bronchial Suction, Red Rubber Suction Catheter, Bard Suction Catheters, Bronchial Suction Catheter Kit,
|
105
|
Suction tube
|
Non-Conductive Suction Tube, Pool Suction Tube, Non-Conductive Connecting Suction Tubes, Suction Irrigator Y Tube, Electrosurgical Coagulation Suction Tube(Stylet)
|
106
|
Surgical blades
|
Scapel, Lancet.
|
107
|
Surgical brush
|
Preoperative Surgical Scrub Brushes, Scrub brush
|
108
|
Surgical drains
|
Surgical Drain Tubes,
|
109
|
Surgical tapes
|
Surgical Drain Tubes, Microfoam Foam Surgical Tape, Durapore Surgical Tape, Micropore Paper, Hypoallergenic Surgical Tape White, zinc oxide strapping.
|
110
|
Suture needles
|
|
111
|
Sutures
|
Surgical sutures
|
112
|
T connector
|
Medical T connector
|
113
|
Theatre connecting tubes
|
|
114
|
Tracheostomy masks
|
|
115
|
Tracheostomy tubes
|
|
116
|
Transpore Medical tape
|
Transpore Surgical Tape, Transpore Surgical Tape
|
117
|
Trochar catheters
|
|
118
|
Tubular bandages applicator.
|
Tubular gauze applicator.
|
119
|
Umbilical catheters.
|
Umbilical veinous cather, Umbilical artery catheter
|
120
|
Umbilical Cord clamps
|
E Z clamp
|
121
|
Umbilical tapes
|
Umbilical Cotton Tape, Disposable Infant Umbilical Cord Care Tape.
|
122
|
Umbilicutter cordclamp and cutter
|
Umbilicutter
|
123
|
Urine bags
|
Urinary bags, Urine drainage leg bag
|
124
|
Urine collector.
|
Urine collection bags
|
125
|
Uterus drainage tubes.
|
Uterine cannulae
|
126
|
Vaccine carriers
|
|
127
|
Vacuum delivery set
|
Vacuum Extractor Set
|
128
|
Vacuum suction unit
|
|
129
|
Vent catheter
|
|
130
|
Ventilator tubings
|
Mechanical ventilator tubing’s, Anaestesia circuit, breathing circuit.
|
131
|
Venturi mask.
|
Fixed concentration mask, venti- mask.
|
132
|
Venturi valve kit
|
Adjustable venturi mask kits
|
133
|
Water proof dressing
|
|
134
|
X-ray detectable pledgets
|
|
135
|
Y connector
|
Medical Y connector
|
S/No.
|
Ward equipment.
|
Alternate Names
|
1
|
Bed lockers
|
Bedside cabinet
|
2
|
Bed pans
|
|
3
|
Diagnostic sets
|
|
4
|
Drip stands
|
Infusion stands
|
5
|
Drug cupboard
|
Medicine cupboard
|
6
|
Drug trolley
|
Medicine trolley/cart
|
7
|
Examination coaches
|
Examination bed
|
8
|
Examination lamps
|
Examination lights
|
9
|
Instrument trolley
|
|
10
|
Laryngoscope sets
|
|
11
|
Linen trolley
|
trolley for dirty and clean linen
|
12
|
Observation trays
|
|
13
|
Patella harmer
|
reflex hammer
|
14
|
Patient bed with castors
|
hospital bed with castors
|
15
|
Patient stretchers/side rails
|
patient transport stretchers, turn away side rails
|
16
|
Sphynomanometers
|
blood pressure machine
|
17
|
Stethoscopes
|
|
18
|
Baby weighing scales
|
infant weighing scale, Paeditric weighing scale
|
19
|
Cardiac beds
|
|
20
|
Delivery beds
|
Birthing beds
|
21
|
Fetal monitor
|
fetal Doppler
|
22
|
Fetoscope
|
|
23
|
Incubators
|
infant incubator
|
24
|
Baby warmers
|
infant warmers
|
25
|
Photobox
|
phototherapy system, phototherapy stand
|
26
|
Photo therapy light
|
|
27
|
Cots
|
infant, baby cot
|
28
|
Theatre sets
|
|
29
|
Resuscitators
|
|
30
|
Wash bowls
|
|
31
|
Metallic basins
|
|
32
|
Feeding trays
|
|
33
|
Padded cross bar for exchange transfusion
|
|
34
|
Bed blocks
|
|
35
|
Bed cradles
|
|
36
|
Catheterization trays
|
|
37
|
5 litre jerican for ORS
|
|
38
|
O R S cups
|
|
39
|
Splints
|
|
PART TWO -
• Restricted for use by doctors, nurses and other health professionals in hospitals, clinics, nursing and medical schools.
|
|
|
1
|
Alcohol pre-injection swabs
|
Medical swab, cleaning swab, preswab, alcohol pad
|
2
|
Bandages skin adhesive
|
sticking plaster, Elastoplast
|
3
|
Clinical thermometers
|
Medical thermometers
|
4
|
Gauze
|
|
5
|
Identification bands
|
bracelet, patient identification band
|
6
|
Medical masks
|
procedure mask, surgical
|
7
|
Merceline tape
|
|
8
|
Micropore tape.
|
microporous surgical tape
|
9
|
Montogomery straps
|
|
10
|
Torniquet
|
|
11
|
Wound dressing plaster
|
Wound sterilized dressing plaster, wound care plaster, wound adhesive plaster
|
12
|
Zig zag cotton wool.
|
cotton pleat
|
13
|
Zinc oxide strapping
|
Medical surgical strapping, Zinc oxide plaster
|
PART THREE -
None restricted nursing commodities that can be used by in and out of hospitals but the Council is responsible for their use and quality.
|
|
|
1
|
Bandages
|
|
2
|
Bin liners
|
|
3
|
Cotton wool absorbent
|
|
4
|
Diapers
|
Pampers
|
5
|
Disposable gloves
|
Medical gloves
|
6
|
Ethylene oxide tape
|
|
7
|
Maternity band.
|
|
8
|
Maternity support belt.
|
|
9
|
Sanitary pads
|
Maternitary pads, Sanitary towels,
|
10
|
Tongue depressors
|
Wooden/metallic tongue depressors
|
11
|
Triangular bandages
|
|
12
|
Patient uniforms
|
|
13
|
Hospital linen
|
|
PART FOUR -
Miscellaneous
1
|
Actiswab
|
Bactiswab
|
2
|
Adhesive remover
|
skin adhesive remover
|
3
|
Alcohol disinfectant detergent.
|
alcohol based disinfectant
|
4
|
Alcohol hand rub
|
|
5
|
Ice packs
|
|
6
|
Vaccine carrier
|
|
7
|
Instrument lubricant
|
|
8
|
Bicarbonate concentrate
|
|
9
|
Bone wax
|
|
10
|
Spray tape remover.
|
|
11
|
Water based lubricant.
|
KY jelly
|
SECOND SCHEDULE
FORMS
FORM A
|
|
(r. 4(2))
|
APPLICATION FOR LICENCE TO MANUFACTURE/ SELL/IMPORT / EXPORT NURSING COMMODITY
|
1. |
Name of applicant ................................................................................
Postal Address .....................................................................................
Physical Address ..................................................................................
Tel. ...................................................................................................
Fax ...................................................................................................
E-mail ..............................................................................................
|
2. |
Business Registration No*.......................................................................
|
3. |
Is this a New/Renewal application? ..........................................................
If Renewal, provide Registration No. ........................................................
|
4. |
Description of nursing commodity—
(i) |
Brief description of nursing commodity (commodities) .............. |
(ii) |
Cost of the nursing commodity in KSh. .................................... |
|
5. |
Do you have manufacturer’s certification?
Yes* ............................... No. ................................
|
6. |
Origin /destination of the nursing commodity—
(i) |
Point of origin and address .......................................... |
(ii) |
Destination and address .............................................. |
(iii) |
No. of packages .......................................................... |
(iv) |
Mode of transportation and storage conditions ............... |
(v) |
Precautionary measures during transportation ................ |
|
7. |
Describe the purpose for which the nursing commodity(s) will be used (e.g. medical, scientific, industrial, etc.) ............................................................
|
8. |
Declaration by Applicant:
I ............................................................. hereby declare and certify that the information given in this application including attachments thereto is true and correct to the best of my knowledge and belief.
Date ................................................................
Signature: .......................................................
Designation: ....................................................
Official Stamp:
|
________________________________
FORM B
|
|
(r. 4(5))
|
APPLICATION FOR LICENCE TO MANUFACTURE/ SELL/IMPORT / EXPORT NURSING COMMODITY
|
File Ref. No. ..........…................ Licence Ref. No. ........... Serial No .................
This Licence/Certificate is Granted to: ...................................... Company's Reg. No. ................ of P. O. Box ................ Tel. No. .................... for the purpose of ............................................. at (physical location) .............................................
This licence is valid from ............................ to ..................................
Issued this ................... day of ................................ Year ..................
Issuing Officer:
|
|
.........................................................Registrar, Nursing Council of Kenya
|
|
|
|
|
|
|
Official Stamp
Conditions of Licence:
1. |
....................................................
|
2. |
....................................................
|
3. |
....................................................
|
________________________________
FORM C
|
|
(r. 5(2))
|
NURSING COMMODITIES COMPLAINT FORM
|
Item description as per generic on the package
Name of the manufacturer ...........................................................................
Date of manufacture ....................................................................................
Date of expiry .............................................................................................
Batch number .............................................................................................
Country of origin .........................................................................................
Date received ...............................................................................................
Source of goods ...........................................................................................
Quantity received ......................................................................................
Quantity in stock .........................................................................................
Type of complaint .........................................................................................
Special comments ........................................................................................
Suggestions if any .......................................................................................
Name of the complainant ............................................................................
Date of the complaint ..................................................................................
Telephone of the officer ................................................................................
Designation ................................................................................................
Email address .............................................................................................
Signature ...................................................................................................
THE NURSES (ACCREDITATION OF TRAINING COURSES) REGULATIONS
ARRANGEMENT OF REGULATIONS
3. |
Purpose of accreditation of training courses
|
4. |
Application for accreditation of training course
|
6. |
Accreditation of training course
|
7. |
Register of accredited training courses
|
8. |
Publication of register
|
9. |
Revocation or variation of certificate
|
10. |
Evaluation of reports
|
SCHEDULES
THE NURSES (ACCREDITATION OF TRAINING COURSES) REGULATIONS, 2013
1. |
Citation
These Regulations may be cited as the Nurses (Accreditation of Training Courses) Regulations, 2013.
|
2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Council” has the meaning assigned to it by the Act;
“course standards” means the standards prescribed under regulation 10;
“diploma” means a qualification based on a structured course in a given discipline attained after the full cycle of secondary institution education or its equivalent;
“inspection team” means the inspection team appointed under regulation 5;
“nurse training institution” means an institution registered or recognized under any law and which offers diploma or other courses for purposes of awarding a nursing qualification;
“training course” means a course of study offered by a nurse training institution for purposes of awarding a nursing qualification.
|
3. |
Purpose of accreditation of training courses
The Council shall undertake the accreditation of training courses so as to—
(a) |
establish accreditation standards with the aim of fostering continuing improvement within the training courses;
|
(b) |
provide for an evaluation process that is efficient and cost-effective for institutions involved in the training of nurses;
|
(c) |
regulate the training courses while at the same time acknowledging and respecting the autonomy of the nurse training institutions;
|
(d) |
require persons seeking registration or enrolment under the Act to undergo a professional examination prior to registration or enrolment;
|
(e) |
provide for continuous evaluation as a means of assessing whether the training courses consistently fulfil their goals; and
|
(f) |
ensure co-operation with other institutions involved in overseeing the training of nurses so as to minimize duplication of activities.
|
|
4. |
Application for accreditation of training course
(1) |
Any nurse training institution offering a training course for the purpose of preparing persons to be awarded with certificates, diploma or degree in nursing may apply to the Council for accreditation of that training course in accordance with these Regulations.
|
(2) |
The application referred to in paragraph (1) shall be in Form A set out in the Schedule and shall be submitted together with—
(a) |
a detailed statement in accordance with paragraph (3);
|
(b) |
the relevant documentary evidence relating to the matters set out in paragraph (3);
|
(c) |
such fees as the Council may from time to time specify.
|
|
(3) |
The statement referred to in paragraph (1) shall in detail outline the—
(a) |
vision, mission, philosophy, aims and objects for which the institution is established;
|
(b) |
particulars of incorporation or registration of the institution under any law;
|
(c) |
form of governance through which the academic and administrative affairs of the institution shall be conducted;
|
(d) |
curriculum of training courses offered by the institution including the—
(i) |
mechanism for curriculum design and development; |
(ii) |
evaluation and assessment; and |
(iii) |
quality assurance mechanism; |
|
(e) |
student support services including guidance and counselling, student records and feedback mechanism;
|
(f) |
list and academic qualifications of all members of staff on or expected to be on full-time employment with the institution;
|
(g) |
list of the total number of students enrolled in each training course offered at the institution which list shall also specify the number of residential students;
|
(h) |
size and quality of the library, information communication technology and equipment which have been developed for each course offered at institution;
|
(i) |
financial resources available for the exclusive use of the institution, including the primary sources of funding and the existing budget, certified by an accountant qualified to practise as such under the Accountants Act but who is not an employee or a sponsor of the applicant; and
|
(j) |
type, number and size of the physical facilities including buildings and land available for the exclusive use of the institution.
|
|
|
5. |
Inspection team
(1) |
Upon receipt of the application referred to in regulation 4, the Council shall appoint an inspection team which shall—
(a) |
conduct a site visit to inquire into and ascertain the veracity of the particulars submitted under regulation 4;
|
(b) |
inquire into the general academic, administrative and social affairs of the institution;
|
(c) |
make such other investigations relevant to the accreditation process as it may deem necessary.
|
|
(2) |
The inspection team shall submit a factual and evaluative report of its findings under paragraph (1) to the Discipline, Standards and Ethics Committee within three months of the date of its appointment.
|
(3) |
Upon receipt of the report under paragraph (2), the Discipline, Standards and Ethics Committee shall consider the report, the application and all documentation relevant to the application and may suggest amendments to be made by the institution before the application is submitted to the Council for consideration.
|
|
6. |
Accreditation of training course
(1) |
Where, after full deliberation on the merits for accreditation of a training course, the
Council is satisfied that—
(a) |
the training course meet the course standards; and
|
(b) |
the training institution has adequate human, physical, financial and other resources to carry out the training course;
|
the Council shall issue a certificate of accreditation of the training course in Form B set out in the Schedule upon such terms and conditions as it may deem necessary.
|
(2) |
A certificate of accreditation issued under paragraph (1) shall be valid for a period of five years from the date of issue.
|
(3) |
Where the Council declines to issue a certificate of accreditation, it shall inform the institution of the conditions the institution needs to fulfil in order to qualify for issuance of the certificate and may grant a provisional accreditation to the nurse training institution for a period not exceeding two years so as to allow for correction of deficiencies identified.
|
(4) |
Where the training course sought to be approved is new in the market, the Council shall, in addition to the requirements of paragraph (1), be satisfied that the nurse training institution has—
(a) |
provided to the Council sufficient statistical data to support the need for the new training course in Kenya;
|
(b) |
identified the faculty to be employed at least three months prior to admission of the students;
|
(c) |
identified clinical resources for the training course including a main teaching hospital and any other health facilities affiliated to the training institution which shall be used for provision of additional clinical or practical experiences if need arises;
|
(d) |
provided a joint master rotation plan in areas where there are shared clinical resources between training institutions;
|
(e) |
prepared a curriculum in line with the prescribed Nursing Council of Kenya syllabus based on sound educational concepts and detailed course description, identification of theoretical and clinical or practical hours, clinical objectives and placements.
|
|
(5) |
Where the applicant for accreditation is a new training institution, the Council may, upon compliance with regulations 5 and 6(1), grant initial accreditation for a period necessary to evaluate the ability of the institution to attain and maintain all the standards and regulations set for the training course.
|
|
7. |
Register of accredited training courses
(1) |
The Council shall maintain a register of the institutions whose training courses have been accredited under these Regulations.
|
(2) |
The register maintained under paragraph (1) shall contain the—
(a) |
name, postal, website and physical address of the institution;
|
(b) |
type and terms and conditions upon which a certificate of accreditation was granted; and
|
(c) |
such other information that the Council may deem necessary.
|
|
(3) |
The name of the institution whose training courses have been accredited shall be entered in the register maintained under paragraph (2) and such institution shall be deemed registered with the Council as an institution offering accredited training courses.
|
|
8. |
Publication of register
The Council shall, once in a year, cause the particulars of the training courses and institutions accredited under this Regulations to be published in the Gazette and at least two newspapers of nationwide circulation.
|
9. |
Revocation or variation of certificate
(1) |
The Council may, on application by an institution or of its own motion revoke or vary the terms of a certificate of accreditation granted under these Regulations if it is of the opinion that—
(a) |
the institution has failed to comply with directions for variation of terms;
|
(b) |
the institution is in breach of the terms and conditions upon which the certificate of accreditation was issued;
|
(c) |
the institution is no longer offering the accredited training courses for which the certificate was issued;
|
(d) |
the institution has ceased being a nursing training institution;
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(e) |
such changes have occurred which if they were in existence at the time of application for the certificate of accreditation, the certificate would not have been granted; or
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(f) |
the revocation or variation is in the interest of nursing education in Kenya.
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(2) |
The Council shall not revoke a certificate of accreditation unless it has issued a notice to the institution and the institution has, within twelve months from the date of the notice, failed to comply with the conditions set out in the notice.
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(3) |
Where the Council revokes a certificate of accreditation, it shall issue a notice of the revocation to the affected institution and shall cause the notice to be published in the Gazette.
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(4) |
A certificate of accreditation issued under these Regulations shall be deemed revoked on the date of publication of the notice under paragraph (3) but such revocation shall not—
(a) |
affect the validity of training courses and academic awards granted by the institution before the date of revocation; or
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(b) |
affect the study of students admitted to the training courses before the date of revocation.
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10. |
Evaluation of reports
(1) |
Every nurse training institution issued with a certificate of accreditation shall prepare and submit to the Council—
(a) |
an annual report of its activities during the year; and
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(b) |
a detailed self-evaluation report every three years of the steps it has taken towards the achievement of the aims and objects for which it was established.
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(2) |
The Council may conduct periodic investigations and evaluations of training courses accredited under these Regulations so as to ascertain their continued compliance with the accredited standards.
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(3) |
The Council shall deliberate on the reports submitted under paragraph (1) or the results of the investigations carried out under paragraph (2) and make any comments or give any instructions for action to be taken by the nurse training institution and such comments or instructions shall specify whether or not the course standards are being complied with.
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11. |
Offences
(1) |
A person or nurse training institution which advertises or in any other manner passes off the institution as an institution offering accredited training courses if a certificate of accreditation has not been granted to such an institution, or after such certificate has been revoked in accordance with these Regulations, commits an offence and is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years.
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(2) |
A person who, without the written consent of the Council, uses the name of the Council in furtherance of or in connection with any advertisement for any trade, business, calling or profession, commits an offence and is liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.
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THE NURSES (ACCREDITATION OF TRAINING COURSES) REGULATIONS
1. |
Citation
These Regulations may be cited as the Nurses (Accreditation of Training Courses) Regulations.
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2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Council” has the meaning assigned to it by the Act;
“course standards” means the standards prescribed under regulation 10;
“diploma” means a qualification based on a structured course in a given discipline attained after the full cycle of secondary institution education or its equivalent;
“inspection team” means the inspection team appointed under regulation 5;
“nurse training institution” means an institution registered or recognized under any law and which offers diploma or other courses for purposes of awarding a nursing qualification;
“training course” means a course of study offered by a nurse training institution for purposes of awarding a nursing qualification.
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3. |
Purpose of accreditation of training courses
The Council shall undertake the accreditation of training courses so as to—
(a) |
establish accreditation standards with the aim of fostering continuing improvement within the training courses;
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(b) |
provide for an evaluation process that is efficient and cost-effective for institutions involved in the training of nurses;
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(c) |
regulate the training courses while at the same time acknowledging and respecting the autonomy of the nurse training institutions;
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(d) |
require persons seeking registration or enrolment under the Act to undergo a professional examination prior to registration or enrolment;
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(e) |
provide for continuous evaluation as a means of assessing whether the training courses consistently fulfil their goals; and
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(f) |
ensure co-operation with other institutions involved in overseeing the training of nurses so as to minimize duplication of activities.
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4. |
Application for accreditation of training course
(1) |
Any nurse training institution offering a training course for the purpose of preparing persons to be awarded with certificates, diploma or degree in nursing may apply to the Council for accreditation of that training course in accordance with these Regulations.
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(2) |
The application referred to in paragraph (1) shall be in Form A set out in the Schedule and shall be submitted together with—
(a) |
a detailed statement in accordance with paragraph (3);
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(b) |
the relevant documentary evidence relating to the matters set out in paragraph (3);
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(c) |
such fees as the Council may from time to time specify.
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(3) |
The statement referred to in paragraph (1) shall in detail outline the—
(a) |
vision, mission, philosophy, aims and objects for which the institution is established;
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(b) |
particulars of incorporation or registration of the institution under any law;
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(c) |
form of governance through which the academic and administrative affairs of the institution shall be conducted;
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(d) |
curriculum of training courses offered by the institution including the—
(i) |
mechanism for curriculum design and development; |
(ii) |
evaluation and assessment; and |
(iii) |
quality assurance mechanism; |
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(e) |
student support services including guidance and counselling, student records and feedback mechanism;
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(f) |
list and academic qualifications of all members of staff on or expected to be on full-time employment with the institution;
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(g) |
list of the total number of students enrolled in each training course offered at the institution which list shall also specify the number of residential students;
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(h) |
size and quality of the library, information communication technology and equipment which have been developed for each course offered at institution;
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(i) |
financial resources available for the exclusive use of the institution, including the primary sources of funding and the existing budget, certified by an accountant qualified to practise as such under the Accountants Act but who is not an employee or a sponsor of the applicant; and
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(j) |
type, number and size of the physical facilities including buildings and land available for the exclusive use of the institution.
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5. |
Inspection team
(1) |
Upon receipt of the application referred to in regulation 4, the Council shall appoint an inspection team which shall—
(a) |
conduct a site visit to inquire into and ascertain the veracity of the particulars submitted under regulation 4;
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(b) |
inquire into the general academic, administrative and social affairs of the institution;
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(c) |
make such other investigations relevant to the accreditation process as it may deem necessary.
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(2) |
The inspection team shall submit a factual and evaluative report of its findings under paragraph (1) to the Discipline, Standards and Ethics Committee within three months of the date of its appointment.
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(3) |
Upon receipt of the report under paragraph (2), the Discipline, Standards and Ethics Committee shall consider the report, the application and all documentation relevant to the application and may suggest amendments to be made by the institution before the application is submitted to the Council for consideration.
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6. |
Accreditation of training course
(1) |
Where, after full deliberation on the merits for accreditation of a training course, the Council is satisfied that—
(a) |
the training course meet the course standards; and
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(b) |
the training institution has adequate human, physical, financial and other resources to carry out the training course;
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the Council shall issue a certificate of accreditation of the training course in Form B set out in the Schedule upon such terms and conditions as it may deem necessary.
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(2) |
A certificate of accreditation issued under paragraph (1) shall be valid for a period of five years from the date of issue.
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(3) |
Where the Council declines to issue a certificate of accreditation, it shall inform the institution of the conditions the institution needs to fulfil in order to qualify for issuance of the certificate and may grant a provisional accreditation to the nurse training institution for a period not exceeding two years so as to allow for correction of deficiencies identified.
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(4) |
Where the training course sought to be approved is new in the market, the Council shall, in addition to the requirements of paragraph (1), be satisfied that the nurse training institution has—
(a) |
provided to the Council sufficient statistical data to support the need for the new training course in Kenya;
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(b) |
identified the faculty to be employed at least three months prior to admission of the students;
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(c) |
identified clinical resources for the training course including a main teaching hospital and any other health facilities affiliated to the training institution which shall be used for provision of additional clinical or practical experiences if need arises;
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(d) |
provided a joint master rotation plan in areas where there are shared clinical resources between training institutions;
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(e) |
prepared a curriculum in line with the prescribed Nursing Council of Kenya syllabus based on sound educational concepts and detailed course description, identification of theoretical and clinical or practical hours, clinical objectives and placements.
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(5) |
Where the applicant for accreditation is a new training institution, the Council may, upon compliance with regulations 5 and 6(1), grant initial accreditation for a period necessary to evaluate the ability of the institution to attain and maintain all the standards and regulations set for the training course.
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7. |
Register of accredited training courses
(1) |
The Council shall maintain a register of the institutions whose training courses have been accredited under these Regulations.
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(2) |
The register maintained under paragraph (1) shall contain the—
(a) |
name, postal, website and physical address of the institution;
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(b) |
type and terms and conditions upon which a certificate of accreditation was granted; and
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(c) |
such other information that the Council may deem necessary.
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(3) |
The name of the institution whose training courses have been accredited shall be entered in the register maintained under paragraph (2) and such institution shall be deemed registered with the Council as an institution offering accredited training courses.
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8. |
Publication of register
The Council shall, once in a year, cause the particulars of the training courses and institutions accredited under this Regulations to be published in the Gazette and at least two newspapers of nationwide circulation.
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9. |
Revocation or variation of certificate
(1) |
The Council may, on application by an institution or of its own motion revoke or vary the terms of a certificate of accreditation granted under these Regulations if it is of the opinion that—
(a) |
the institution has failed to comply with directions for variation of terms;
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(b) |
the institution is in breach of the terms and conditions upon which the certificate of accreditation was issued;
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(c) |
the institution is no longer offering the accredited training courses for which the certificate was issued;
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(d) |
the institution has ceased being a nursing training institution;
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(e) |
such changes have occurred which if they were in existence at the time of application for the certificate of accreditation, the certificate would not have been granted; or
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(f) |
the revocation or variation is in the interest of nursing education in Kenya.
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(2) |
The Council shall not revoke a certificate of accreditation unless it has issued a notice to the institution and the institution has, within twelve months from the date of the notice, failed to comply with the conditions set out in the notice.
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(3) |
Where the Council revokes a certificate of accreditation, it shall issue a notice of the revocation to the affected institution and shall cause the notice to be published in the Gazette.
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(4) |
A certificate of accreditation issued under these Regulations shall be deemed revoked on the date of publication of the notice under paragraph (3) but such revocation shall not—
(a) |
affect the validity of training courses and academic awards granted by the institution before the date of revocation; or
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(b) |
affect the study of students admitted to the training courses before the date of revocation.
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10. |
Evaluation of reports
(1) |
Every nurse training institution issued with a certificate of accreditation shall prepare and submit to the Council—
(a) |
an annual report of its activities during the year; and
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(b) |
a detailed self-evaluation report every three years of the steps it has taken towards the achievement of the aims and objects for which it was established.
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|
(2) |
The Council may conduct periodic investigations and evaluations of training courses accredited under these Regulations so as to ascertain their continued compliance with the accredited standards.
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(3) |
The Council shall deliberate on the reports submitted under paragraph (1) or the results of the investigations carried out under paragraph (2) and make any comments or give any instructions for action to be taken by the nurse training institution and such comments or instructions shall specify whether or not the course standards are being complied with.
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11. |
Offences
(1) |
A person or nurse training institution which advertises or in any other manner passes off the institution as an institution offering accredited training courses if a certificate of accreditation has not been granted to such an institution, or after such certificate has been revoked in accordance with these Regulations, commits an offence and is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years.
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(2) |
A person who, without the written consent of the Council, uses the name of the Council in furtherance of or in connection with any advertisement for any trade, business, calling or profession, commits an offence and is liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.
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SCHEDULE
FORMS
FORM A
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(r. 4)
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APPLICATION FOR ACCREDITATION OF A TRAINING COURSE
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1. |
Name of institution .......................................................................
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2. |
Postal and Physical Address ...........................................................
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3. |
Telephone .................................. Mobi1e ....................................
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4. |
(a) |
Date of incorporation or registration .............................
(attach copy of certificate of incorporation)
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(b) |
Name and designation of chief administrator
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(c) |
Governing body .....................................................................
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(d) |
Principle or proposed academic focus or discipline ...............
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(e) |
Principle research focus ......................................................
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5. |
Number and type of training courses (i.e. certificates, diplomas, degrees)
(a) |
.............................................................................
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(b) |
.............................................................................
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(c) |
.............................................................................
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6. |
Training course to be considered for Purposes of accreditation -
(a) |
name of the training course ..............................................
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(b) |
minimum admission qualification ........................................
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(c) |
number of students enrolled in the training course ..........
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(d) |
the period of time that the training course has been offered by the institution since incorporation .............................................
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7. |
Envisaged benefits of accrediution of training course for education in Kenya generally ....................................................................................
I hereby apply for accreditation of the training course here in before mentioned
Dated at ............. this ............... day of ........................
Name ......................................................................
Disignation ..............................................................
Signature .................................................................
Full postal address ....................................................
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_____________________________________
FORM B
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(r. 6)
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THE NURSES AND MIDWIVES ACT
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[Cap. 257]
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CERTIFICATE OF ACCREDITATION OF A TRAINING COURSE
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This is to certify that the training course refrred to as .....................
offered by .....................................................................................
situated at ....................................................................................
of Postal Address ..........................................................................
is a training course that has met the academic excellence set by the Nursing Council of Kenya.
THE NURSES (PRIVATE PRACTICE) REGULATIONS
ARRANGEMENT OF REGULATIONS
3. |
Application for practising certificate
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4. |
Failure to submit documents or information
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5. |
Grant of practising certificate
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6. |
Practising certificate terms and conditions
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7. |
Notification of change of particulars
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8. |
Approvals from other authorities
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9. |
Display of practising certificate
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10. |
Employment of an assistant
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12. |
Revocation of L.N. 184/2009
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SCHEDULES
THE NURSES (PRIVATE PRACTICE) REGULATIONS, 2013
1. |
Citation
These Regulations may be cited as the Nurses (Private Practice) Regulations, 2013.
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2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Code of Ethics” means the Code of Professional Conduct for Nurses as may from time to time be issued or specified by the Council;
“Council” has the meaning assigned to it by the Act;
“practising certificate” means a practising certificate issued under section 17(8) of the Act.
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3. |
Application for practising certificate
(1) |
A person who wishes to engage in private practice as a nurse shall apply to the Council for a practising certificate in accordance with section 17(7) of the Act.
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(2) |
An application for a grant or renewal of practising certificate shall in Form A specified in the Schedule.
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(3) |
An application for a grant or renewal of a practising certificate under paragraph (2) shall be accompanied by—
(a) |
a non refundable fee of six thousand shillings where the applicant is a citizen;
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(b) |
a non refundable fee of one hundred thousand shillings where the applicant is a non citizen;
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(c) |
a detailed inspection report of where the applicant intends to carry out the practice containing such matters as may be specified by the Council including a description of the premises, its physical address, telephone number, facsimile number and e-mail address;
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(d) |
such other information that the Council may require.
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(4) |
Where the nurse intends to practise under a business name or a limited liability company, the application under this regulation shall be accompanied by a certified copy and search of the business name or certificate of incorporation and other documentation clearly specifying the controlling interest which the applicant has in such a firm or company.
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4. |
Failure to submit documents or information
(1) |
Where an applicant fails to submit all documents or information required under these Regulations, the Council shall reject the application and inform the applicant, in writing, of the rejection within twenty one days after the date of receipt of the application.
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(2) |
Where the Council rejects an application due to incomplete or insufficient information, the rejection shall not, bar the applicant from re-submitting the application.
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(3) |
The Council shall treat the re-submitted application as a new application.
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(4) |
The Council may authorize the Registrar to act on its behalf for purposes of this regulation.
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5. |
Grant of practising certificate
(1) |
The Council shall, if it is satisfied that the applicant has complied with the requirements under the Act and these Regulations, issue a practising certificate to the applicant in accordance with section 17(8) of the Act within thirty days of the date of receipt of the application.
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(2) |
A practising certificate issued under these Regulations shall be in Form B set out in the Schedule.
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6. |
Practising certificate terms and conditions
(1) |
The Council may specify the terms and conditions under which a practising certificate is issued consistent with the provisions of the Act and these Regulations.
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(2) |
A nurse issued with a practising certificate under these Regulations shall—
(a) |
only engage in the practise for which the nurse is qualified as specified in the practising certificate;
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(b) |
engage in locum practice or in full-time private practice in a clinic or medical centre;
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(c) |
display the practising certificate in a conspicuous place at the premises to which it relates;
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(d) |
at all times observe the standards of ethics set out in the Code of Ethics;
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(e) |
write and display his or her name and qualifications in an unostentatious manner and in accordance with the code of professional conduct applicable to nurses that a nurse shall not use any word to imply that a private clinic or a medical centre is a hospital;
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(f) |
keep in his private clinic adequate stock of essential drugs and maintain an accurate record of all drugs to which the Pharmacy and Poisons Act (Cap. 244) applies;
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(g) |
immediately notify the Medical Officer of Health in his area of practice any notifiable disease which has been treated at his clinic; and
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(h) |
where death occurs in his clinic, inform the Medical Officer of Health in his area of practice and the Officer Commanding Police Division in that area, without delay.
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(3) |
A practising certificate issued to a non citizen nurse shall be valid for a period of two years or the period of which the period for which the purpose of the certificate is issued whichever is the earlier and may be renewed for a further period of one year in accordance with section 17(3) of the Act.
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7. |
Notification of change of particulars
A nurse issued with a practising certificate under these Regulations shall notify and seek the approval of the Council for any —
(a) |
proposed change of the name, contact address or other particulars filed with the Council at least thirty days before effecting such change; and
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(b) |
proposed change in ownership, control or proportion of shareholding of the firm or company, at least thirty days before the change is effected.
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8. |
Approvals from other authorities
Notwithstanding that a practising certificate has been issued by the Council under these Regulations, the holder of a practising certificate shall bear the responsibility of obtaining the approvals of other relevant Government agencies that may be required for the provision of the nursing services including for the premises, or maintenance thereof.
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9. |
Display of practising certificate
(1) |
A practising certificate issued under these Regulations shall be issued in respect of the premises named therein and shall not be displayed in any other premises without the written permission of the Council.
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(2) |
A nurse who fails to display the practising certificate in accordance with paragraph (1) commits professional malpractice.
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10. |
Employment of an assistant
(1) |
Subject to these Regulations, a nurse to whom a practising certificate has been issued, may employ the services of an assistant who has undergone an approved training in nursing from an approved institution to undertake defined duties under the immediate supervision of the licensed nurse.
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(2) |
Where a nurse to whom a practising certificate has been issued employs an assistant who does not have any medical training, the licensed nurse shall ensure that the assistant does not undertake any form of medical treatment.
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11. |
Fees
(1) |
The Council shall specify the fees to be charged for consultations, visits, treatments and referrals in private clinics managed by a nurse to whom a practising certificate has been issued under these Regulations.
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(2) |
The Council shall investigate and determine complaints relating to fees charged in private clinics by nurses.
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12. |
Revocation of L.N. 184/2009
The Nurses (Private Practice) Regulations, 2009 are revoked.
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APPLICATION FOR PRACTISING CERTIFICATE
The Registrar
Nursing Council of Kenya
P. O. Box 20056-00200,
NAIROBI.
1. |
Surname (Mr /Mrs /Miss /Ms/Dr/Prof....................
(BLOCKLETTERS) |
Other Names .................................
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(BLOCK LETTERS)
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2. |
Postal Address .............................
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3. |
Email Address ..............................
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4. |
Nurse's Registration'Number..........Date of Regisration ................
(Enclose copies of verified certificate)
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5. |
I enclose a cash /cheque for KSh............. in payment of prescribed practising certificate fee which I understand is not refundable.
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6. |
Work experience
I certify that, I have experience in the following areas (Please List and attach evidence and testimonials) ..................
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7. |
CPD CREDIT HOURS (where applicable)
I have attended various programmes organized by the Nursilg Council of Kenya as shown herebelow and acquired the requisite CPD Credit Hours:
Training Programme
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Date of event
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CPD hours attained
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8. |
State the names and addresses of two (2) referees who are able to vouch for your professional ability and general character Both referees must be registered nurses (in good standing) and with at least 7years practising experience Persons namcd here mus[not be related tothe applicant by birth
Name
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Reg. No.
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Contact Address
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10. |
I................. hereby apply for the grantor a Practising certificate under the provisions of section 17(7) of Nurses Act (Cap. 257). The details of my intended practice are as provided below:
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11. |
Name and Style of practice ............
(Attach certificate of incorporation or firm name)
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12. |
Main Address at which practice will be located:
Physical location.......
Town /District..........
MaiLAddress. ...........
Telefax No..............
Email Address ...................
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13. |
Branch Offices (Where applicable) Physical location........ ...Town /County
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14. |
Names and contacts of existing partners, their Registration and Practising Certificate numbers
Name
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RegistrationNo.
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Practising Cert. No.
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Residential Status
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15. |
State whether the Practice will be -Full time or D Part time
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16. |
withe firm provide other related professional services apart from nursing services? Yes D No. D If the answer is yes, list the'other services planned to be offered ...................
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18. |
(a) |
I hereby solemnly declare that the foregoing information is true to the best of my acknowledge. I acknowledge that any statement contained anywhere in this application which is known to me to be false shall invalidate this application and any decision reached thereon bY the Council.
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(b) |
I further commit to fulfil any requirements set by ttre Nursing Council relating to Professional Standards, Continuous Professional Development (CPD), and any other professional pronouncemens ttrai are in force or may be introduced in the future.
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Applicant's signature..............Date.....................
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Application No ..................DateAcknowledged...............Approved/Rejccted Min No ..........Certificatc Dispatched ....................Chairman .......................Registrar's Signature ..............Date .................................
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Date Received .............................Receipt No. .................. Date ..............Deferred Min No.............Gazette Notice No.............I Certificate Acknowledged...........Date .................................
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FORM B
[Regulations (5)]
FOR THE YEAR..........
Practising Certifi cate No. ..............
Description of Nursing Services to be offered ......
This practising certificate is granted to .......................of............ in respect of premises situate at...............
This practising certificate is granted subject to the provisions of the Nurses Act (Cap. 257) and such conditions as may be specified by the Council in writing.
This practising expire on ................
Date of issue......................
Registrar........................
THE NURSES (PRIVATE PRACTICE) REGULATIONS
1. |
Citation
These Regulations may be cited as the Nurses (Private Practice) Regulations.
|
2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Code of Ethics” means the Code of Professional Conduct for Nurses as may from time to time be issued or specified by the Council;
“Council” has the meaning assigned to it by the Act;
“practising certificate” means a practising certificate issued under section 17(8) of the Act.
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3. |
Application for practising certificate
(1) |
A person who wishes to engage in private practice as a nurse shall apply to the Council for a practising certificate in accordance with section 17(7) of the Act.
|
(2) |
An application for a grant or renewal of practising certificate shall in Form A specified in the Schedule.
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(3) |
An application for a grant or renewal of a practising certificate under paragraph (2) shall be accompanied by—
(a) |
a non refundable fee of six thousand shillings where the applicant is a citizen;
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(b) |
a non refundable fee of one hundred thousand shillings where the applicant is a non citizen;
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(c) |
a detailed inspection report of where the applicant intends to carry out the practice containing such matters as may be specified by the Council including a description of the premises, its physical address, telephone number, facsimile number and e-mail address;
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(d) |
such other information that the Council may require.
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(4) |
Where the nurse intends to practise under a business name or a limited liability company, the application under this regulation shall be accompanied by a certified copy and search of the business name or certificate of incorporation and other documentation clearly specifying the controlling interest which the applicant has in such a firm or company.
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4. |
Failure to submit documents or information
(1) |
Where an applicant fails to submit all documents or information required under these Regulations, the Council shall reject the application and inform the applicant, in writing, of the rejection within twenty one days after the date of receipt of the application.
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(2) |
Where the Council rejects an application due to incomplete or insufficient information, the rejection shall not, bar the applicant from re-submitting the application.
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(3) |
The Council shall treat the re-submitted application as a new application.
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(4) |
The Council may authorize the Registrar to act on its behalf for purposes of this regulation.
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5. |
Grant of practising certificate
(1) |
The Council shall, if it is satisfied that the applicant has complied with the requirements under the Act and these Regulations, issue a practising certificate to the applicant in accordance with section 17(8) of the Act within thirty days of the date of receipt of the application.
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(2) |
A practising certificate issued under these Regulations shall be in Form B set out in the Schedule.
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6. |
Practising certificate terms and conditions
(1) |
The Council may specify the terms and conditions under which a practising certificate is issued consistent with the provisions of the Act and these Regulations.
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(2) |
A nurse issued with a practising certificate under these Regulations shall—
(a) |
only engage in the practise for which the nurse is qualified as specified in the practising certificate;
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(b) |
engage in locum practice or in full-time private practice in a clinic or medical centre;
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(c) |
display the practising certificate in a conspicuous place at the premises to which it relates;
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(d) |
at all times observe the standards of ethics set out in the Code of Ethics;
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(e) |
write and display his or her name and qualifications in an unostentatious manner and in accordance with the code of professional conduct applicable to nurses that a nurse shall not use any word to imply that a private clinic or a medical centre is a hospital;
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(f) |
keep in his private clinic adequate stock of essential drugs and maintain an accurate record of all drugs to which the Pharmacy and Poisons Act (Cap. 244) applies;
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(g) |
immediately notify the Medical Officer of Health in his area of practice any notifiable disease which has been treated at his clinic; and
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(h) |
where death occurs in his clinic, inform the Medical Officer of Health in his area of practice and the Officer Commanding Police Division in that area, without delay.
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(3) |
A practising certificate issued to a non citizen nurse shall be valid for a period of two years or the period of which the period for which the purpose of the certificate is issued whichever is the earlier and may be renewed for a further period of one year in accordance with section 17(3) of the Act.
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7. |
Notification of change of particulars
A nurse issued with a practising certificate under these Regulations shall notify and seek the approval of the Council for any—
(a) |
proposed change of the name, contact address or other particulars filed with the Council at least thirty days before effecting such change; and
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(b) |
proposed change in ownership, control or proportion of shareholding of the firm or company, at least thirty days before the change is effected.
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8. |
Approvals from other authorities
Notwithstanding that a practising certificate has been issued by the Council under these Regulations, the holder of a practising certificate shall bear the responsibility of obtaining the approvals of other relevant Government agencies that may be required for the provision of the nursing services including for the premises, or maintenance thereof.
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9. |
Display of practising certificate
(1) |
A practising certificate issued under these Regulations shall be issued in respect of the premises named therein and shall not be displayed in any other premises without the written permission of the Council.
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(2) |
A nurse who fails to display the practising certificate in accordance with paragraph (1) commits professional malpractice.
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10. |
Employment of an assistant
(1) |
Subject to these Regulations, a nurse to whom a practising certificate has been issued, may employ the services of an assistant who has undergone an approved training in nursing from an approved institution to undertake defined duties under the immediate supervision of the licensed nurse.
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(2) |
Where a nurse to whom a practising certificate has been issued employs an assistant who does not have any medical training, the licensed nurse shall ensure that the assistant does not undertake any form of medical treatment.
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11. |
Fees
(1) |
The Council shall specify the fees to be charged for consultations, visits, treatments and referrals in private clinics managed by a nurse to whom a practising certificate has been issued under these Regulations.
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(2) |
The Council shall investigate and determine complaints relating to fees charged in private clinics by nurses.
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12. |
Revocation of L.N. 184/2009
The Nurses (Private Practice) Regulations, 2009 are revoked.
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SCHEDULE
FORMS
FORM A
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(r. 3)
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APPLICATION FOR PRACTISING CERTIFICATE
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The RegistrarNursing Council of KenyaP. O. Box 20056-00200,NAIROBI.
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1. |
Surname (Mr /Mrs /Miss /Ms/Dr/Prof. .................................. (BLOCKLETTERS)
Other Names ....................................................... (BLOCK LETTERS)
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2. |
Postal Address ..............................................................................
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3. |
Email Address ...............................................................................
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4. |
Nurse's Registration'Number ............... Date of Regisration ..................
(Enclose copies of verified certificate)
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5. |
I enclose a cash /cheque for KSh. ....................... in payment of prescribed practising certificate fee which I understand is not refundable.
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6. |
Work experience
I certify that, I have experience in the following areas
(Please List and attach evidence and testimonials)
...............................................................................................
...............................................................................................
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7. |
CPD CREDIT HOURS (where applicable)
I have attended various programmes organized by the Nursing Council of Kenya as shown here below and acquired the requisite CPD Credit Hours:
Training Programme
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Date of event
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CPD hours attained
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8. |
State the names and addresses of two (2) referees who are able to vouch for your professional ability and general character Both referees must be registered nurses (in good standing) and with at least 7 years practising experience. Persons named here must not be related to the applicant by birth
Name
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Reg. No.
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Contact Address
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10. |
I ......................... hereby apply for the grant of a Practising certificate under the provisions of section 17(7) of Nurses Act (Cap. 257). The details of my intended practice are as provided below:
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11. |
Name and Style of practice ........................................
(Attach certificate of incorporation or firm name)
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12. |
Main Address at which practice will be located:
Physical location ......................................
Town/District .........................................
Mail Address ..........................................
Telefax No. ...........................................
Email Address ...........................................
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13. |
Branch Offices (Where applicable)
Physical location ................................... Town/County
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14. |
Names and contacts of existing partners, their Registration and Practising Certificate numbers
Name
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RegistrationNo.
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Practising Cert. No.
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Residential Status
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15. |
State whether the Practice will be—
Full time ☐ or
Part time ☐
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16. |
Will the firm provide other related professional services apart from nursing services?
Yes ☐ No ☐
If the answer is yes, list the'other services planned to be offered ........................
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18. |
(a) |
I hereby solemnly declare that the foregoing information is true to the best of my acknowledge. I acknowledge that any statement contained anywhere in this application which is known to me to be false shall invalidate this application and any decision reached thereon by the Council.
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(b) |
I further commit to fulfil any requirements set by the Nursing Council relating to Professional Standards, Continuous Professional Development (CPD), and any other professional pronouncemens ttrai are in force or may be introduced in the future.
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Applicant's signature ............................. Date ...............................
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Application No. ..................Date Acknowledged ..............................Approved/Rejected Min No. .............Certificate Dispatched ....................Chairman ....................................Registrar's Signature ...................Date ...........................................
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Date Received ......................................Receipt No. .................. Date .................Deferred Min No. ...............................Gazette Notice No. ................................Certificate Acknowledged ......................Registrar ............................................Date .................................................
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_______________________________
FORM B
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(r. 5(2))
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THE NURSES AND MIDWIVES ACT
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(Cap. 257)
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PRACTISING CERTIFICATE
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FOR THE YEAR ......................................
Practising Certifi cate No. ......................
Description of Nursing Services to be offered ...........................
This practising certificate is granted to ..................... of ................ in respect of premises situate at .......................
This practising certificate is granted subject to the provisions of the Nurses Act (Cap. 257) and such conditions as may be specified by the Council in writing.
This practising expire on ......................
Date of issue ......................................
Registrar .........................................
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