An Act of Parliament to amend the Cancer Prevention and Control Act, 2012
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
|---|---|---|
Clause 2 Amendment of section 2 of No. 15 of 2012 | The Cancer Prevention and Control Act, 2012 (in this Act referred to as "Principal Act") is amended in section 2 by inserting the following new definitions in proper alphabetical order: "e-Health" means the combined use of electronic communication and information technology in the health sector; "telemedicine" means the provision of health care services and sharing of medical knowledge over distance using telecommunications and it includes consultative, diagnostic, and treatment services; | The addition of e-Health and telemedicine will reduce the congestion in hospitals as cancer patients will be treated at the comfort of their homes. The use of e-Health and telemedicine will go a long way in the treatment of cancer patients. In the Daily Nation newspaper dated 7th June 2023, it indicated that cancer was declared a national disaster by Parliament. Secondly, Parliament needs to enact Regulations to the Bill that contain rules that will govern the use of e-Health and telemedicine platforms and services in Kenya. |
Clause 3 Amendment of section 5 of No. 15 of 2012 | The Principal Act is amended in section 5 by inserting the following new paragraphs immediately after paragraph (b): "(ba) promote the use of e-Health and telemedicine for the prevention and management of persons with cancer; (bb) promote treatment of persons with cancer as a component of primary healthcare;" | E-Health has rapidly grown in Kenya due to an increase in the number of mobile phone users. Examples of common e-Health providers in Kenya are MyDawa, mHealth Kenya, Health E Net, MedAfrica, Access Afya, Nyumbani Medics, Medbit Kenya and Xelpha Health. The use of e-Health has the following advantages: a. e-Health allows cancer patients to connect with cancer specialists regardless of their geographical location; b. e-Health platforms allow for seamless sharing of patient information among healthcare providers involved in cancer treatment. This facilitates better care coordination, enhances communication and reduces the risk of information gaps; c. e-Health technologies enable remote monitoring of cancer patients during and after treatment; and d. e-Health platforms offer various resources for cancer patients. For example, education materials. In the Kenya National eHealth Policy 2016-2030, it indicated that a lack of a comprehensive legal framework on the use of e-Health systems and services in Kenya may expose patients and healthcare providers to unlawful and unethical practices. Therefore, there is need for Parliament to develop a comprehensive legal framework that regulates the adoption and use of e-Health systems and services in Kenya. |
An increase in mobile users and the outbreak of the covid 19 pandemic has led to the increased use of telemedicine. Examples of common telemedicine providers in Kenya are SASAdoctor, Bliss@hHome and MyDawa. Furthermore, the Aga Khan University Hospital, Getrude’s Children Hospital and M.P. Shah Hospital are among the hospitals in Kenya that offer telemedicine services to their patients. The addition of telemedicine in this clause is a good move as it has the following benefits: a. telemedicine allows cancer patients to access specialized care regardless of their geographic location. This is beneficial to patients residing in rural areas, where access to specialized cancer treatment is limited; b. telemedicine eliminates the need for patients to travel long distances for routine visits, reducing the physical and financial burden associated with transportation and accommodation costs; and c. telemedicine allows cancer patients to have real-time discussions with their doctors, ask questions and receive explanations about their condition and treatment. Consequently, the integration of telemedicine into a patient’s treatment plan enhances access to healthcare and improves patient experiences. However, for telemedicine to be effective, efforts should be made to improve technological infrastructure as this limitation may disrupt communication and impede the delivery of high-quality health care to cancer patients. |
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Clause 4 Amendment of section 31 of No. 15 of 2012 | The Principal Act is amended in section 31 by inserting the following new sub-section immediately after sub-section (2): "(3) The Institute shall collaborate with the national government department responsible for health to promote the training of human resource for oncology services." | In addition to the national government department responsible for health, we propose that the National Cancer Institute of Kenya also collaborates with the county governments’ department responsible for health to promote the training of oncologists and include cancer treatment as part of the primary healthcare. |