- Section 70 of Health Act No 21 of 2017: Amendment of Cap. 242
The Public Health Act (Cap. 242) is amended by deleting the expression "Director of Medical Services" and substituting therefor the expression "Director General for health", wherever it appears.
- Section 71 of Health Act No 21 of 2017: Lactation stations in the workplace
(1) All employers shall in the workplace establish lactation stations which shall be adequately provided with necessary equipment and facilities including hand washing equipment, refrigerates or appropriate cooling facilities, electrical outlets for breast pumps, a small table comfortable seats the...
- Section 72 of Health Act No 21 of 2017: Provision of break intervals for nursing employees
(1) An employer shall grant all nursing employees break intervals in addition to the regular times off for meals to breast feed or express milk.
(2) The time intervals referred to in subsection (1) shall include the time it takes an employee to get to and from the lactation station and shall be...
- Section 73 of Health Act No 21 of 2017: Mental health
There shall be established by an Act of Parliament, legislation to—
(a) protect the rights of any individual suffering from any mental disorder or condition;
(b) ensure the custody of such persons and the management of their estates as necessary;
(c) establish, manage and control mental hospitals...
- Section 74 of Health Act No 21 of 2017: Promotion of practice
(1) The national government department of health shall formulate policies to guide the practice of traditional and alternative medicine.
(2) The county executive department for health shall ensure implementation of any policies thereto.
- Section 75 of Health Act No 21 of 2017: Regulation of practice on traditional medicine
(1) There shall be established regulatory body by an Act of Parliament, to regulate the practice of traditional medicine and alternative medicine.
(2) The regulatory body shall, maintain a register at both the national and county levels.
(3) The regulatory body in consultation with the National...
- Section 76 of Health Act No 21 of 2017: Documentation and mapping
The regulatory body shall institute measures for documentation and mapping of traditional and alternative medicine practice and the county executive departments for health shall facilitate the mapping of traditional and alternative medicine.
- Section 77 of Health Act No 21 of 2017: Standardization
The national government department for health shall, in consultation with key stakeholders develop policies for standardization of traditional and alternative medicine practice.
- Section 78 of Health Act No 21 of 2017: Charges
The charges levied on the practice of traditional medicine shall be approved by the Authority in consultation with statutory bodies.
- Section 79 of Health Act No 21 of 2017: Referral
The national government department of health shall develop policy guidelines for referral mechanisms and a system of referrals from practitioners of traditional and alternative medicine to conventional health facilities and may prescribe regulations for incidental and connected purposes which shall...
- Section 80 of Health Act No 21 of 2017: Human organs transplantation
(1) No person shall remove tissue or gametes from a human being for transplantation in another human being or carry out the transplantation of such tissue or gametes except—
(a) in a duly authorized health facility for that purpose; and (b) on the written authority of—
(i) the medical practitioner...
- Section 81 of Health Act No 21 of 2017: Making of wills
(1) (a) A person who is competent to make a will may—
in the will; or
in a document signed by him or her in the presence of at least two competent witnesses who are present when he or she signs and signed by them in his or her presence; or
in an oral statement made in the presence of at least two...
- Section 82 of Health Act No 21 of 2017: Donation purposes
(1) A donation under section 83 may only be made for—
(a) the purposes of the training of students in health sciences;
(b) the purposes of health research;
(c) the purposes of the advancement of health sciences;
(d) therapeutic purposes, including the use of tissue in any living person;...
- Section 83 of Health Act No 21 of 2017: Revocation
A donor may, prior to the transplantation of the relevant organ into the donee, revoke a donation in the same way in which it was made or, in the case of a donation by way of a will or other document, also by the intentional destruction of that will or document.
- Section 84 of Health Act No 21 of 2017: Postmortem
(1) Subject to subsection (2), a post mortem examination of the body of a deceased person may be conducted if—
(a) the person when alive gave consent thereto;
(b) the spouse(s), child, guardian, brother or sister of the deceased, in the specific order mentioned, gave consent thereto; or such an...
- Section 85 of Health Act No 21 of 2017: Kenya National Blood Transfusion Service
(1) There shall be established by an Act of Parliament, a body to be known as the Kenya National Blood Transfusion Service.
(2) The legislation contemplated under subsection (1) shall provide for among other things, the institutional organization of blood transfusion service within the Republic of...
- Section 86 of Health Act No 21 of 2017: Health finance
(1) The department of health shall ensure progressive financial access to universal health coverage by taking measures that include—
(a) developing mechanisms for an integrated national health insurance system including making provisions for social health protection and health technology...
- Section 87 of Health Act No 21 of 2017: Bank account
(1) The National Treasury shall, facilitate the opening and maintenance of bank accounts by the county treasuries, for purposes of operationalizing disbursements of conditional grants, donation and any other monies designated for health as may be prescribed, in accordance with the provisions of the...
- Section 88 of Health Act No 21 of 2017: Private health services
(1) The Cabinet Secretary shall pursue strategies conducive to the development and regulation of private health services and their atonement to the needs of the population.
(2) The public and private health services and facilities shall complement each other in the provision of comprehensive and...
- Section 89 of Health Act No 21 of 2017: Licensing of private entities to operate hospitals. clinics, etc.
(1) Private entities shall be permitted to operate hospitals, clinics, laboratories and other institutions in the health sector, subject to licensing by the appropriate regulatory bodies.
(2) The standards to be met in order to qualify for the issue of an operational licence under this section and...
- Section 90 of Health Act No 21 of 2017: Private health workers
Private health workers appropriately qualified to practice any health profession shall similarly be entitled to practice their profession in Kenya, subject to licensing by the appropriate regulatory bodies.
- Section 91 of Health Act No 21 of 2017: Duty of licensees
(1) Institutions licensed under section 88 and private health workers licensed under section 89 shall irrespective of any specific conditions attached to such a licence be bound—
(a) to permit and facilitate inspection at any time by the Authority and regulatory bodies;
(b) to provide emergency...
- Section 92 of Health Act No 21 of 2017: Partnership agreements
(1) Where appropriate, and subject to the provisions of the Public Private Partnerships Act (No. 15 of 2013), the Cabinet Secretary and the County Governors shall be entitled to enter into partnership agreements with companies operating in the private sector in order to develop specific services or...
- Section 93 of Health Act No 21 of 2017: Establishment of the National Health Research Committee
(1) There shall be established by the Cabinet Secretary, a National Health Research Committee which shall be a technical committee.
(2) The membership of the Committee shall be as provided for under section 94 and shall consist of not more than eleven members appointed by the Cabinet Secretary.
- Section 94 of Health Act No 21 of 2017: Membership
The membership of the Committee established under this section shall as much as possible reflect ethnic, gender, county and regional balance and shall include membership drawn from the following—
(a) the chairperson who shall be a distinguished health researcher and renowned in a health...
- Section 95 of Health Act No 21 of 2017: Term of office
(1) The term of office of the Chairperson shall be five years, renewable for one further term of five years.
(2) The chairperson may resign through a letter addressed to the Cabinet Secretary.
(3) A member of the Committee shall hold office for a term of three years, renewable for one further term...
- Section 96 of Health Act No 21 of 2017: Functions of the Committee
(1) The Committee shall make recommendations on the development on the national research for health policy and on the various priorities to be accorded in the area of research for health in the light of current knowledge and needs, recognized priorities and economic resources.
(2) In identifying...
- Section 97 of Health Act No 21 of 2017: Institute
(1) The Kenya Medical Research Institute established under the Science and Technology Act (Cap. 250) shall review its programmes to optimally attune to the health interests of the population and the overall programme of health research.
(2) The Committee shall collaborate with other research...
- Section 98 of Health Act No 21 of 2017: Procedures
Except as may be provided in the Fourth Schedule, the Committee may regulate its own procedure.
- Section 99 of Health Act No 21 of 2017: Research Approval
(1) Where medical and scientific research is to be conducted on human subjects, details shall in all cases be submitted as per the regulations articulated under the Commission for Science, Technology and Innovation established under the Science and Technology Act (Cap. 250).
(2) The Committee shall...