AGADVOKS GLOBALKENYA · ENGLISH
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Health Records and Information Managers Act

35. Professional misconduct

Edition: 2022-12-31 · In force

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35. Professional misconduct

A Manager commits an act of professional misconduct if such Manager—
(a)allows any person to practise in his or her name as a registered Manager, unless such person is the holder of a practising certificate and is in partnership with or employed by the Manager;
(b)enters into partnership with a person who does not hold a practicing certificate, or secures any professional business through the services of such a person or by means not open to a Manager;
(c)pays or allows or agrees to pay, directly or indirectly, to any person, other than a person who holds a practising certificate, is a retired partner or the legal representative of such a partner, any share, commission or brokerage out of the fees for, or profits of his or her professional services;
(d)solicits clients or professional work or advertises professional attainments or services by use of means not prescribed by the Board;
(e)discloses information acquired in the course of professional engagement to any person other than a client, without the consent of the client, or otherwise than required by law;
(f)fails to observe and apply professional standards prescribed by the Board;
(g)is grossly negligent in the conduct of his or her professional duties;
(h)expresses an opinion on any matter with which he is concerned in a professional capacity without obtaining sufficient information on which to base the opinion;
(i)is convicted of a crime under any other law;
(j)fails to declare a conflict of interest in relation to any particular matter or acts in a matter notwithstanding the presence of an undisclosed conflict of interest; or
(k)fails to do any other act which prescribed by the Board.
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Source: Kenya Law