Section 2 of Health Act No 21 of 2017: Interpretation

In this Act unless the context otherwise requires—
"abortion" means termination of a pregnancy before the foetus is viable as an independent life outside the womb;
"alternative medicine" means complementary medicine and includes a broad set of health care practices that are not part of Kenya's tradition and are not integrated into dominant health care system;
"Authority" means the Kenya Health Professions Oversight Authority established under section 45;
"Board" refers to the governing Board of the Kenya Health Professions Oversight Authority;
"breastfeeding" means the method of feeding an infant directly from the female breast;
"Cabinet Secretary" means the Cabinet Secretary for Ministry responsible for matters relating to health;
"Committee" means the National Research for Health Committee established under section 93;
"Director-General" means the Director-General for health appointed under section 16;
"disaster" means but is not limited to an adverse situation or event, which overwhelms local capacity for response and recovery, necessitating external assistance;
"disease" refers to any physical or mental condition that causes pain, dysfunction, distress, social problems or death to the person afflicted or similar problems for those in contact with the person;
"e-Health" means the combined use of electronic communication and information technology in the health sector including telemedicine; "emergency treatment" refers to necessary immediate health care that must be administered to prevent death or worsening of a medical situation;
"expressing milk" means the acts of extracting human milk from the breast by hand or by pump into a container;
"health" refers to a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity;
"health care professional" includes any person who has obtained health professional qualifications and licensed by the relevant regulatory body;
"health care provider" means a person who provides health care services and includes a health care professional;
"health care services" means the prevention, promotion, management or alleviation of disease, illness, injury, and other physical and mental impairments in individuals, delivered by health care professionals through the health care system's routine health services, or its emergency health services;
"health extension worker" means a health care professional working in health centres in rural and medically underserved areas, where they provide emergency treatments and a range of other health services to patients;
"health facility" means the whole or part of a public or private institution, building or place, whether for profit or not, that is operated or designed to provide in-patient or out-patient treatment, diagnostic or therapeutic interventions, nursing, rehabilitative, palliative, convalescent, preventative or other health service;
"health system" means an organization of people, institutions and resources, that deliver health care services to meet the health needs of the population, in accordance with established policies;
"health technology" refers to the application of organized knowledge and skills in the form of devices, medicine, vaccines, procedures and systems developed to solve a health problem and improve the quality of life;
"human blood products" means any product derived or produced from blood, including plasma, sera, circulating progenitor cells, bone marrow progenitor cells and umbilical cord progenitor cells;
"informed consent" refers to a process of getting permission before conducting a health care prevention on a person;
"lactation stations" means private, clean, sanitary and well ventilated rooms or areas in the workplace where nursing mothers can wash up, breast feed or express their milk and hygienically preserve it;
"medical emergency" means an acute situation of injury or illness that poses an immediate risk to life or health of a person or has potential for deterioration in the health of a person or if not managed timely would lead to adverse consequences in the well-being;
"private health services" means provision of health services by a health facility that is not owned by the national or county governments and includes health care services provided by individuals, faith-based organizations and private health institutions;
"public good" means a good or service whose benefits may be provided to a group at no more cost than that required to provide for one person;
"public health services" means health services owned and offered by the national and county governments;
"referral" means the process by which a given health facility transfers a client service, specimen and client parameters to another facility to assume responsibility for consultation, review or further management;
"reproductive cloning of a human being" means the manipulation of genetic material in order to achieve the reproduction of a human being and includes nuclear transfer or embryo splitting for such purpose;
"research for health" includes but is not limited to research which seeks to contribute to the extension of knowledge in any health related field, such as that concerned with the biological, clinical, psychological or social processes in human beings improved methods for the provision of health services; or human pathology; or the causes of disease; or the effects of the environment on the human body; or the development or new application of pharmaceuticals, medicines and other preventative, therapeutic or curative agents; or the development of new applications of health technology;
"risk" means probability or threat of damage, injury, liability, loss or any other negative occurrence caused by external or internal vulnerabilities that may be avoided through pre-emptive action;
"specialist" means a health professional who is specially trained in a certain branch of his or her profession related to specific services or procedures;
"telemedicine" refers to the provision of health care services and sharing of medical knowledge over distance using telecommunications and it includes consultative, diagnostic, and treatment services;
"therapeutic manipulation or cloning" means handling of genetic material of zygotic or embryonic cells in order to alter, for therapeutic purposes, the function of cells or tissues;
"tissues" shall include but not limited to the placenta, embryonic or foetal tissue, stem cells and umbilical cord; and
"traditional medicine" includes the knowledge, skills and practices based on the theories, beliefs and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement or treatment of physical and mental illness.

Disclaimer: This document is not to be taken as legal advise.

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Section 3 - Objects of the Act
The objects of this Act are to— (a) establish a national health system which encompasses public and private institutions and providers of health services at the national and county levels and...
Section 4 - Responsibility for health
It is a fundamental duty of the State to observe, respect, protect, promote and fulfill the right to the highest attainable standard of health including reproductive health care and emergency medical...
Section 5 - Standard of health
(1) Every person has the right to the highest attainable standard of health whichshall include progressive access for provision of promotive, preventive, curative, palliative and rehabilitative...
Section 6 - Reproductive health
(1) Every person has a right to reproductive health care which includes— (a) the right of men and women of reproductive age to be informed about, and to have access to reproductive health services...
Section 7 - Emergency treatment
(1) Every person has the right to emergency medical treatment. (2) For the purposes of this section, emergency medical treatment shall include — (a) pre-hospital care; (b) stabilizing the health...
Section 8 - Health information
(1) Every health care provider shall inform a user or, where the user of the information is a minor or incapacitated, inform the guardian of the— (a) user's health status except in circumstances...
Section 9 - Consent
(1) No specified health service may be provided to a patient without the patient's informed consent unless— (a) the patient is unable to give informed consent and such consent is given by a...
Section 10 - Information dissemination
The national government, county governments and every organ having a role or responsibility within the National Health System, shall ensure that appropriate, adequate and comprehensive information is...
Section 11 - Confidentiality
(1) Information concerning a user, including information relating to his or herhealth status, treatment or stay in a health facility is confidential except where such information is disclosed under...
Section 12 - Healthcare providers
(1) The Rights and duties of healthcare providers shall include— (a) not to be unfairly discriminated against on account of any of the grounds set out in Article 27(4) of the Constitution; (b) the...
Section 13 - Duty of users
A user of the health system has the duty, in the absence of any observable incapacity— (a) to adhere to the rules of a health facility when receiving treatment or using the health services provided...
Section 14 - Complaints
(1) Any person has a right to file a complaint about the manner in which he or she was treated at a health facility and have the complaint investigated appropriately. (2) The relevant national and...
Section 15 - Duties of national government
(1) The national government ministry responsible for health shall— (a) develop health policies, laws and administrative procedures and programmes in consultation with county governments and health...
Section 16 - Office of the Director-General
(1) There shall hereby be established the office of the Director-General forhealth. (2) The Director General for health shall be recruited by the Public Service Commission through a competitive...
Section 17 - Functions of the Director-General
The Director-General shall— (a) be the technical advisor to the Government on all matters relating to health within the health sector; (b) be the technical advisor to the Cabinet Secretary of...
Section 18 - Directorates
For purposes of section 15(1)(b), the Cabinet Secretary shall— (a) form directorates to deal with the following matters— (i) medical services; (ii) nursing; (iii) pharmaceutical...
Section 19 - County health system
(1) There shall be established with respect to every county, a county executive department responsible for health, which shall be in line with the health policy guidelines for setting up county health...
Section 20 - Duties of county government
The county government in furtherance of the functions assigned to it under the Fourth Schedule of the Constitution shall be responsible for— (a) implementing the national health policy and standards...
Section 21 - Coordination
The National Health System shall work in a manner that respects the distinct levels of government, while respecting the principles of cooperation and coordination as outlined in this Act and in...
Section 22 - Public health facilities
The national and county governments shall ensure the progressively equitable distribution throughout the country of such publicly owned health institutions, including hospitals, health centers,...
Section 23 - Public private partnership
Notwithstanding the provisions of section 65 and subject to any other law regulating public-private partnerships, nothing under this Act shall prevent the national and county governments from entering...
Section 24 - Retention of service provision
Without prejudice to the distribution of health functions and services between the national and county levels of government as set out in Fourth Schedule of the Constitution, the national Government...
Section 25 - Classification of levels of health care
(1) The technical classification of levels of health care shall be as set out in the First Schedule. (2) Subsection (1) shall not apply to a health facility under the management of a county...
Section 26 - Establishment of Forum
(1) There is established a Health Sector Inter-Governmental ConsultativeForum, in line with the provisions of the Inter-Governmental Relations Act (No. 2 of 2012) and any applicable law. (2) The...
Section 27 - Purpose of the Forum
The Forum shall— (a) develop criteria and framework for determining matters requiring intergovernmental consultation; and (b) develop inter-governmental agreements for joint implementation of any...
Section 28 - Meetings of the Forum
The Forum shall meet at least twice a year.
Section 29 - Conduct of Business
The Forum shall regulate the conduct and regulation of the business and affairs of the Forum.
Section 30 - Establishment of the Council
(1) There is established a Kenya Health Human Resource Advisory Council which shall consist of— (a) a Chairperson, who shall be appointed by the Cabinet Secretary; (b) the Principal Secretary for...
Section 31 - Functions of the Council
The Council shall review policy and establish uniform norms and standards for — (a) posting of interns to National Government and County Government facilities; (b) inter county transfer of...
Section 32 - Powers of the Council
The Council shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Council shall...
Section 33 - Chief Executive Officer
(1) The Public Service Commission shall, through an open and transparent process, recruit a Chief Executive Officer who shall be appointed by the Council. (2) A person is qualified for appointment as...
Section 34 - Conduct of business and affairs of the Council
(1) The conduct and regulation of the Business and affairs of the Council shallbe as provided in the Second Schedule. (2) Except as provided in the Second Schedule, the Council may regulate its own...
Section 35 - Delegation by the Council
The Council may, by resolution generally or in any particular case, delegate to any committee of the Council or to any member, officer, employee or agent of the Council, the exercise of any of the...
Section 36 - Tenure of office
(1) The chairperson and the members of the Council, other than the exofficio members, shall hold office for a term of five years and shall be eligible for reappointment for one further term. (2) The...
Section 37 - Staff of the Council
(1) The Council may competitively appoint suitably qualified staff as may be necessary for the efficient performance of the functions of the Council. (2) In the appointment of the staff of the...
Section 38 - Terms and conditions of service
The staff of the Council shall serve on such terms of service as the Council, on recommendation of the Salaries and Remuneration Commission may determine.
Section 39 - Protection from liability
(1) A member of the Council or any person working under the instructions of the Council shall not be personally liable for any act or default of the Council done or omitted to be done in good faith in...
Section 40 - Funds of the Council
The funds of the Council shall comprise— (a) such funds as may be appropriated by the Parliament; (b) such monies or assets as may accrue to or vest in the Council in the performance of its...
Section 41 - Financial year
The Financial year of the Council shall be the period of twelve months ending on the thirtieth day of June in every year.
Section 42 - Annual estimates
(1) The Council shall, at least three months before the commencement of each financial year, cause to be prepared estimates of revenue and expenditure of the Council for that financial year. (2) The...
Section 43 - Accounts and audit
(1) The Council shall cause to be kept all proper books of records of accounts of the income, expenditure, assets and liabilities of the Council. (2) The accounts of the Council shall be audited and...
Section 44 - Investment of funds
The Council may, subject to the approval of the Cabinet Secretary for the time being responsible for matter relating to finance invest any of the funds of the Council in securities in which, for the...
Section 45 - Establishment of the Authority
(1) There is established an Authority known as the Kenya Health Professions Oversight Authority. (2) The Authority shall be a body corporate with perpetual succession and a common seal, and shall in...
Section 46 - Board of the Authority
(1) The Authority shall be administered by a Board which shall consist of— (a) a chairperson appointed by the Cabinet Secretary who shall be a health professional who meets the requirements of...
Section 47 - Powers of the Board
The Board shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, shall have power...
Section 48 - Functions of the Authority
(1) The functions of the Authority shall be to— (a) maintain a duplicate register of all health professionals working within the national and county health system; (b) promote and regulate...
Section 49 - Chief Executive Officer
(1) The Public Service Commission shall, through an open and transparent process, recruit a Chief Executive Officer who shall be appointed by the Authority. (2) A person is qualified for appointment...
Section 50 - Conduct of business and affairs of the Authority
(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Third Schedule. (2) Except as provided in the Third Schedule, the Authority may regulate its own...
Section 51 - Delegation by the Authority
The Authority may, by resolution generally or in any particular case, delegate to any committee of the Authority or to a member, officer, employee or any agent of the Authority, the exercise of any of...
Section 52 - Staff of the Authority
(1) The Board may competitively appoint suitably qualified staff as may be necessary for the efficient performance of the functions of the Board. (2) In appointment of the staff of the Board, the...