ADVOKS GLOBAL · KENYA
Health Records and Information Managers Act
24. Private practice
Edition: 2022-12-31 · In force
24. Private practice
(1)A person shall not engage in private practice unless such person—(a)is a citizen of Kenya;(b)is registered as a Manager under this Act;(c)has served in his category for a period of not less than three years;(d)holds an annual licence for that year;(e)is a holder of such other qualification as may be prescribed by the Board.(2)Notwithstanding the provisions of subsection (1), a person who is not a citizen of Kenya may be licensed to practice as a Manager if he satisfies the Board that such person—(b)has paid the prescribed fee;(c)has undergone a course of training and passed an examination equivalent to the training and examination prescribed under the Act.(3)A licence issued under subsection (2)—(a)shall be for such period and for such purpose as the Board may prescribe;(b)may, on its expiry, be renewed for such period, not exceeding one year, as the Board may prescribe.(4)Where a licence issued under subsection (2) is renewed, details of the renewal shall be entered in the appropriate register.(5)Where a licence issued under subsection (2) expires and is not renewed within thirty days of expiry, the name of the holder of the licence shall be removed from the register and the Board may decline further requests for renewal of such a licence or impose a prescribed levy on such further requests.(6)For the purposes of this Act, a Manager shall be deemed to engage in private practice if—(a)he or she practices on his own account and is entitled to receive, for his or her own financial benefit, the entire amount of all fees and charges;(b)he or she practises in partnership with others and is entitled to receive, for his or her own financial benefit, a share of the fees and charges;(7)A person shall not be deemed to engage in private practice as a Manager if such person is employed by—(a)the Government or any other public body;(b)any person or employer where all fees and charges accrue to the person or employer despite the fact of him or her being employed in his professional capacity as a Manager.(8)An application for a practising certificate or its renewal shall be made to the Board in the prescribed form and shall be accompanied by such fee as the Board may from time to time determine.(9)The Board shall issue to such person a practising certificate for that year if it is satisfied that the person fulfils the requirements set out in subsection (1) and has paid the fee referred to in subsection (8) of this section.(10)A practising certificate shall be valid from the date on which it is issued and shall expire on the thirtieth day of December of every year unless its holder ceases to be a registered person under this Act.(11)Where a practising certificate ceases to be in force in accordance with subsection (8), the person to whom the certificate was issued shall deliver it to the Board within thirty days from the date on which he or she ceases to be registered.(12)Any person who contravenes subsection (1) or (2), in addition to being culpable of professional misconduct, commits an offence and is liable to a fine not exceeding three million shillings or to imprisonment for a term not exceeding one year, or to both.