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{
    "id": 668361,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/668361/?format=api",
    "text_counter": 303,
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    "speaker_name": "",
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    "content": "As Sen. (Dr.) Khalwale would know, patients are very submissive when they visit the doctor. When you ask them to undress so that you can examine them, they do not raise any questions, because they trust and believe in doctors. Part 2 of the Fourth Schedule of the Constitution provides that health is a function of the county governments. The Act enacted in 1977 has not involved the county government, which is a very important arm in the application of this Act. Therefore, this amendment that we are proposing brings in the county governments. The county governments need to be part of the persons who will deliver services within the counties. We will amend the Act which exists to include the county governments, where the local governments or national Government was involved in the health care services in the country. We wish to make amendment to Section 19 of the Medical Practitioners Act. Medical practitioners have claimed to be eligible to practice medicine by procuring a license in a fraudulent manner. The procuring of licenses to practice in this country is one of those areas that have been abused in the recent past. As a result, some people have obtained registration without following the due process. We would want to discourage this practice in this country. We would wish to amend the Act that carries the penalties against those who fraudulently obtain licenses to practice medicine. The previous Act provides that a person who fraudulently procures the license to practice should be fined Kshs3,000 or imprisoned for a term not exceeding 12 months or both. People are repeating this offence over and over because this penalty is not punitive. This amendment seeks to enhance the penalty to a fine not exceeding Kshs1 million or imprisonment for a term not exceeding five years, or both. Section 22 of the Medical Practitioners Act deals with people who practice medicine in this country, without registration or licensing. Of course, you cannot carry out business in this country without a license. Registration to practice Medicine is a process. For one to practice you have to show that you have gone through the necessary training. Section 22 (1) provides for the offence of willfully and forcefully taking or using any name, title or addition implying qualification to practice medicine, surgery, dentistry, or practicing without being registered or licensed. Under the Act that was enacted in 1977 the penalty for contravening this is a fine not exceeding Kshs10,000 or imprisonment for a term not exceeding 12 months or both. This is a very small penalty for this offence. This Bill seeks to amend this Section. This Bill seeks to amend Clause 5(a). It seeks to enhance the penalty to a fine not exceeding Kshs500,000 or imprisonment for a term not exceeding five years or both. The reasons are the same as the previous one, in that these penalties wish to be a deterrent. We want to deter people from making it very easy to do illegal things within the medical practice. Of course, being deterrent, I believe it will also save some of our colleagues in medical practice, who would be tempted to do anything that is illegal and, therefore, preserve their own practices because they have a fine here which is deterrent. Mr. Temporary Speaker, Sir, Section 22(2) creates an offence where a person uses the title “doctor”. The first thing that individuals do to fraudulently practice medicine is to first of all take up the title of “doctor”. This goes along with wearing a white coat. So, somebody called a doctor and wearing a white coat can pass very easily The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}