Health Act No 21 of 2017 — Sections and Provisions

Section 1 of Health Act No 21 of 2017: Short title and commencement

This Act may be cited as the Health Act, 2017 and shall come into operation upon the expiry of ninety days from the date of publication.

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 tradi…

Section 3 of Health Act No 21 of 2017: 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 facilitate in a progressive and equitable manner, the highest attainable standard of health services; (b) pr…

Section 4 of Health Act No 21 of 2017: 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 treatment by inter alia— (a) developing policies, laws and other measures necessary to protect, prom…

Section 5 of Health Act No 21 of 2017: 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 services. (2) Every person shall have the right to be treated with dignity, respect andhave their privacy…

Section 6 of Health Act No 21 of 2017: 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 including to safe, effective, affordable and acceptable family planning services; (b) the right of acce…

Section 7 of Health Act No 21 of 2017: 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 status of the individual; or (c) arranging for referral in cases where the health provider of first call…

Section 8 of Health Act No 21 of 2017: 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 where there is substantial evidence that the disclosure of the user's health status would be contrary to…

Section 9 of Health Act No 21 of 2017: 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 person— (i) mandated by the patient in writing to grant consent on his or her behalf; or (ii) authorized to gi…

Section 10 of Health Act No 21 of 2017: 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 disseminated on the health functions for which they are responsible being cognizant of the provision…

Section 11 of Health Act No 21 of 2017: 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 order of court or informed consent for health research and policy planning purposes. (2) Subject to th…

Section 12 of Health Act No 21 of 2017: 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 right to a safe working environment that minimizes the risk of disease transmission and injury or damag…

Section 13 of Health Act No 21 of 2017: 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 by the establishment; (b) to adhere to the medical advice and treatment provided by the establishment;…

Section 14 of Health Act No 21 of 2017: 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 county governments shall establish and publish the procedure for the laying of complaints within public…

Section 15 of Health Act No 21 of 2017: 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 sector stakeholders and the public for the progressive realization of the highest attainable standards…

Section 16 of Health Act No 21 of 2017: 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 process, vetted by Parliament and appointed by the Cabinet Secretary. (3) A person appointed under subsect…

Section 17 of Health Act No 21 of 2017: 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 health; (c) be responsible for preventing and guarding against the introduction of infectious diseases into…

Section 18 of Health Act No 21 of 2017: 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 services; (iv) public health; and (v) administrative services; (b) notwithstanding paragraph (a), form other directorates…

Section 19 of Health Act No 21 of 2017: 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 system and shall in all matters be answerable to the Governor and the County Assembly subject to th…

Section 20 of Health Act No 21 of 2017: 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 as laid down by national government Ministry responsible for health; (b) service delivery, including…

Section 21 of Health Act No 21 of 2017: 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 legislation regulating the relationships and functions of the county and national government.

Section 22 of Health Act No 21 of 2017: 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, pharmacies, clinics and laboratories, as are deemed necessary for the promotive, preventive and rehabilita…

Section 23 of Health Act No 21 of 2017: 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 into public-private partnerships for the purpose of establishing and deepening health service provi…

Section 24 of Health Act No 21 of 2017: 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 shall manage and be responsible for— (a) any public health institution classified as a national refer…

Section 25 of Health Act No 21 of 2017: 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 government at the commencement of this Act.

Section 26 of Health Act No 21 of 2017: 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 Forum shall comprise of— (a) the Director-General for health or a designated representative; and (b) each…

Section 27 of Health Act No 21 of 2017: 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 activities for health service delivery; (c) be a platform for mutual consultation, coordination and coll…

Section 28 of Health Act No 21 of 2017: Meetings of the Forum

The Forum shall meet at least twice a year.

Section 29 of Health Act No 21 of 2017: Conduct of Business

The Forum shall regulate the conduct and regulation of the business and affairs of the Forum.

Section 30 of Health Act No 21 of 2017: 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 the time being responsible for matters relating to health or a representative designated by the Principa…