ADVOKS GLOBAL · KENYA
Health Records and Information Managers Act
35. Professional misconduct
Edition: 2022-12-31 · In force
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.