Health Records and Information Managers Act

Section 1. Short title Section This Act may be cited as the Health Records and Information Managers Act.

Section 2. Interpretation Section consulting in clinical coding;

Section 3. Establishment of the Health Records and Information Managers Board Section 3(1) There is established a Board to be known as the Health Records and Information Managers Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing money or making investments; and Section 3(2)(d) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 4. Headquarters of the Board Section The Headquarters of the Board shall be in Nairobi, and the Board may establish offices in the Counties.

Section 5. Powers of the Board Section 5(1)(a) control, supervise and administer the assets of the Board in such manner and for such purpose as best promotes the purpose for which the Board is established; Section 5(1)(b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Board; Section 5(1)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; Section 5(1)(d) in consultation with the Cabinet Secretary, to enter into Agreement with other bodies or organisations within or outside Kenya as the Board may consider desirable or appropriate and in furtherance of the purpose for which the Board is established; Section 5(1)(e) open a bank account or bank accounts for the funds of the Board; and Section 5(1)(f) invest any funds of the Board not immediately required for its purposes; Section 5(2) Subject to the Act, the Board may, either generally or in any particular case, delegate to any committee, member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of the Board under the Act. Section 5(3) The terms and conditions of service of the members of th...

Section 6. Functions of the Board Section 6(1)(a) establish and improve standards of all branches of the health records and information managers profession in all their aspects; Section 6(1)(b) establish and improve the standards of professional health records and information management in Kenya; Section 6(1)(c) with the approval of the Cabinet Secretary, make provision for the training and instruction for persons seeking registration or enrolment under this Act; Section 6(1)(d) in consultation with institutions offering training on health records and information technology, prescribe syllabuses of instruction; Section 6(1)(e) recommend to the Cabinet Secretary the institutions to train in health records and information technology; Section 6(1)(f) with the approval of the Cabinet Secretary, make provision for proficiency examination for persons seeking registration or enrolment under this Act; Section 6(1)(g) have regard to the conduct of persons registered, enrolled or licensed under this Act, and take such disciplinary measures as may be necessary to maintain a proper standard of conduct among such persons; Section 6(1)(h) direct and supervise the compilation and maintenance of r...

Section 7. Composition of the Board Section 7(1)(a) a minimum of a bachelors' degree in a relevant field; and Section 7(1)(a)(i) a minimum of a bachelors' degree in a relevant field; and Section 7(1)(a)(ii) ten years' relevant experience; Section 7(1)(b) the Director or Deputy Director Health Records and Information Management, Ministry of Health; Section 7(1)(c) two representatives, one from middle level training colleges and one from universities offering training in health records and information technology; Section 7(1)(d) the private sector; Section 7(1)(d)(i) the private sector; Section 7(1)(d)(ii) faith-based organisations; and Section 7(1)(d)(iii) the Association; Section 7(1)(e) one person with expertise in financial management or accounting and who shall be a bona-fide member of a professional body regulating the accountancy profession who is in compliance with the requirements thereof, appointed by the Cabinet Secretary; Section 7(1)(f) the Secretary General of the Association; Section 7(1)(g) deleted by ActNo. 5 of 2019, Sch; and Section 7(1)(h) one other member co-opted by the Board from time to time whose knowledge and experience is deemed necessary for the better per...

Section 8. Disqualification from office and filling of vacancies Section 8(1)(a) is an undischarged bankrupt; or Section 8(1)(b) has his or her name removed from the appropriate register or his or her registration or licence suspended under section 18 . Section 8(2)(a) becomes subject to any of the disqualifications referred to in subsection (1); or Section 8(2)(b) has been absent from more than two consecutive ordinary meetings of the Board without its leave; or Section 8(2)(c) gives notice in writing to the Board of his desire to resign from office and his resignation is accepted. Section 8(3) Every vacancy caused by the death of a member or by vacation of office under subsection (2) shall, in the case of a member appointed by the Cabinet Secretary, be filled by a person appointed by the Cabinet Secretary, and in every other case, unless the Board otherwise decides, shall be filled by a person appointed by the Board and every person so appointed shall hold office for the residue of the term for which his predecessor was appointed or elected.

Section 9. Chairperson of the Board Section 9(1) Deleted by ActNo. 5 of 2019, Sch. Section 9(2) The vice-Chairperson shall in the absence of the Chairperson discharge the duties of the Chairperson. Section 9(3) In the absence of both the Chairperson and the vice-Chairperson, the members present shall elect a member to preside at the meeting. Section 9(4) Where a Chairperson or vice-Chairperson for any reason vacates office before the term expires, a new Chairperson shall be elected in the manner specified in subsection (1) in a meeting first scheduled immediately after the vacation of the holder. Section 9(5) Notwithstanding the provisions of this section, the Cabinet Secretary may, if at any time it appears to him that the Board has failed to carry out any of its functions under this Act in the national interest, revoke or annul the appointment, nomination or election of any member of the Board and may himself nominate a new member in the place of that member for the remainder of the period of that member. [Act No. 5 of 2019 , Sch.]

Section 10. Terms of office of the Board Section The members of the Board shall hold office for a period of three years from the date of their appointment, nomination or election, as the case may be but shall be eligible for re-appointment, re-nomination or re-election for one further term.

Section 11. Conduct of business and affairs of the Board Section 11(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 11(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 12. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Section 13. Registrar Section 13(1) The Board shall, with the approval of the Cabinet Secretary, appoint a Registrar who shall be a registered Manager and who shall perform such duties as may be prescribed by this Act or directed by the Board. Section 13(2) The Board may, with the approval of the Cabinet Secretary, appoint such other officers as the work of the Board may require, and those officers shall perform such duties as the Board may direct. Section 13(3) The Registrar shall keep up to date or cause to be kept up to date all registers and records required to be kept under or for the purposes of this Act, subject to any directions which may from time to time be issued to him by the Board. Section 13(4) The Registrar and other officers appointed under this section shall be paid such remuneration and allowances as the Board, with the approval of the Cabinet Secretary, may from time to time determine. Section 13(5) The Registrar shall perform such duties as prescribed by this Act.

Section 14. Qualifications of Registrar Section has successfully attended a course of instruction for Managers prescribed by the Board, at any approved training institution in Kenya; or

Section 15. Persons eligible to be registered Section 15(1)(a) is the holder of at least a certificate in health records and information management which is recognised by the Board; Section 15(1)(b) after obtaining that qualification, has engaged in training employment under the supervision of a registered health records and information manager for such period, being not less than six months, as the Board may approve; Section 15(2) The Board shall approve the suitability for registration of a person under paragraphs (a) and (b) through such examinations as may be administered by the Board from time to time. [Act No. 5 of 2019 , Sch.]

Section 16. Application for registration Section 16(1) A person may apply to the Board for registration under this section. Section 16(2) Every application under subsection (1) shall be in the prescribed form and shall be accompanied by such fee as may be prescribed by the Board. Section 16(3)(a) duly qualified in terms of this section; Section 16(3)(b) a Kenyan citizen; and Section 16(3)(c) is a fit and proper person to be so registered. Section 16(4) The Registrar shall register every qualified person by entering his name, address, professional qualifications and such other particulars as the Board may prescribe, in the register kept for that purpose pursuant to section 17 . Section 16(5) The Registrar shall, on payment of the prescribed fee, issue a certificate of registration to every person registered under this Act. Section 16(6) A fee to be known as a retention fee, may be prescribed for payment annually or at such intervals as the Board may deem appropriate by any person whose name appears on a register as a condition of maintaining the name thereon.

Section 17. Maintenance of register Section 17(1) The Registrar shall maintain a register of Managers with respective categories reflecting their areas of specialty. Section 17(2) The Registrar shall, not later than the last day of March in every year, cause to be published in the Gazette , the names and addresses of all Managers Registered in the previous year.

Section 18. Removal of names Section the names of all deceased persons;

Section 19. Approved training institutions Section 19(1)(a) admit persons for training for the purpose of qualifying for registration under this Act; Section 19(1)(b) conduct a course of training or administer the examination prescribed for the purposes of registration under this Act; or Section 19(1)(c) issue any document or statement implying that the holder thereof has undergone a course of training or passed the examinations prescribed by the Board for purposes of registration, unless the training is to be conducted by the Kenya Medical Training College or an institution approved by the Board or is established or accredited under the Universities Act (Cap. 210) or the Technical and Vocational Education and Training Act (Cap. 210A). Section 19(2) The Board shall make Regulations to prescribe the procedure for approving and accrediting training institutions for the purposes of this section. [Act No. 5 of 2019 , Sch.]

Section 20. Limitation of powers on approval or accreditation of university academic programmes Section 20(1) If there is a conflict between the provisions of this Act and the provisions of the Universities Act in matters relating to approval or accreditation of academic programmes offered by Universities or any other part, the provisions of the Universities Act shall prevail. Section 20(2) Despite the provisions of this Act, the approval or accreditation of academic programmes offered at a university shall be the exclusive mandate of the Commission for University Education established under the Universities Act to be exercised in accordance with the Universities Act at the exclusion of any other person or body, but the Commission shall consult the Board before approving an academic programme in the field of health record and information management.

Section 21. Conditions of practice and penalty Section 21(1) No person shall practice as a Manager unless that person is registered under this Act. Section 21(2) A person who contravenes the provisions of subsection (1) above, commits a criminal offence and shall be liable on conviction to imprisonment for a term not exceeding five years or a fine not exceeding five million shillings, or to both. Section 21(3) No person shall, while in charge of a health institution or any Health Records and Information Department in Kenya employ any person who is not registered under this Act as a Manager. Section 21(4) A person who contravenes the provisions of subsection (3) above, commits a criminal offence and shall be liable on conviction to a fine not exceeding four million shillings or imprisonment for a term not exceeding five years, or to both. Section 21(5) A person who wilfully makes a false or misleading statement or utters a false certificate in an application for registration under section 16 , commits an offence and shall be liable on conviction to a fine not exceeding tour million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 22. Custody of registers Section 22(1)(a) a register of Technicians; Section 22(1)(b) a register of Officers; and Section 22(1)(c) such other registers as may from time to time be prescribed by the Board with the approval of the Cabinet Secretary. Section 22(2) Subject to the payment of a retention fee, there shall be entered and maintained in the appropriate register the name and address of every person entitled to be registered under this Act together with his professional qualifications and such other particulars as may be prescribed by the Board.

Section 23. Qualifications for registration Section is of good character;

Section 24. Private practice Section 24(1)(a) is a citizen of Kenya; Section 24(1)(b) is registered as a Manager under this Act; Section 24(1)(c) has served in his category for a period of not less than three years; Section 24(1)(d) holds an annual licence for that year; Section 24(1)(e) is a holder of such other qualification as may be prescribed by the Board. Section 24(2)(a) is of good character; Section 24(2)(b) has paid the prescribed fee; Section 24(2)(c) has undergone a course of training and passed an examination equivalent to the training and examination prescribed under the Act. Section 24(3)(a) shall be for such period and for such purpose as the Board may prescribe; Section 24(3)(b) may, on its expiry, be renewed for such period, not exceeding one year, as the Board may prescribe. Section 24(4) Where a licence issued under subsection (2) is renewed, details of the renewal shall be entered in the appropriate register. Section 24(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 lice...

Section 39. Certificate and seal Section 39(1) A certificate under the seal of the Board stating that a person is or was at any date registered, enrolled or licensed under this Act shall be conclusive evidence of the fact stated in the certificate. Section 39(2) All certificates under the seal of the Board shall remain the property of the Board. Section 39(3) A person whose name is removed from the register under section 31 (1)(e), or in the case of a deceased person, his legal representative, shall, within thirty days of the publication of such removal, surrender the certificate of registration of that person to the Registrar. Section 39(4) A person who destroys or defaces a certificate or registration or fails to surrender certificate of registration under subsection (3) commits a criminal offence and is liable on conviction to imprisonment for a term not exceeding three months. Section 39(5) A person who without reasonable excuse, is in possession of a certificate of registration not issued to him or her, or fails to surrender such certificate under subsection (3) commits an offence and is liable to a fine not exceeding one million shillings, or to imprisonment for a term not ex...

Section 40. Protection from personal liability Section 40(1) No matter or thing done by a member of the Board or any officer, employee or agent of the Board shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board, render the member, officer, employee or agent or any person acting under the directions personally liable to any action, claim or demands whatsoever. Section 40(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay lawful compensation or damages to any person for injury to the person or property.

Section 41. General penalty Section Any person convicted of an offence under the Act for which no penalty is provided shall be liable to a fine not exceeding five hundred thousand shillings.

Section 42. Falsification of registers or records Section Any person who wilfully makes or causes to be made any false entry in, or falsification of, any register or record kept under this Act, or who procures or attempts to procure himself or any other person to be registered, or licensed under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either orally or in writing, commits an offence and liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding two years or to both.

Section 25. Offences by persons not eligible to be registered or licensed Section 25(1) Any person who, not being eligible to be registered or licensed under this Act, uses any title appropriate to a person so registered or licensed, or holds himself out directly or indirectly as being so registered or licensed, or wears any uniform, badge or other distinguishing device prescribed for the use of persons so registered or licensed, or any imitation thereof, commits an offence and shall be liable to a fine not exceeding three million shillings or imprisonment for a term not exceeding two years or to both. Section 25(2) Any person who, not being eligible to be registered or licensed under this Act, practises for gain as a Health Records and Information Manager, except in an area which the Cabinet Secretary has, by notice in the Gazette , determined to be suitable for such practice by persons who are not so registered or licensed, or, except in such circumstances as may be specifically laid down in Regulations made under this Act, commits an offence and shall be liable to a fine not exceeding three million shillings or imprisonment for a term not exceeding two years or to both.

Section 26. Offences by persons eligible to be registered or Iicensed Section 26(1) Any person who, though eligible to be registered or licensed under this Act, is not so registered or licensed and who practices as a Health Records and Information Manager, commits an offence and liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding six months. Section 26(2)(a) registered in any register under this Act in which his name is not registered; Section 26(2)(a)(i) registered in any register under this Act in which his name is not registered; Section 26(2)(a)(ii) licensed under this Act to do anything which he is not licensed to do; or Section 26(2)(b) uses any name, title or description other than that which he is entitled to use under this Act, commits an offence and on conviction shall be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months.

Section 27. Offences by persons conducting training courses or examinations without authority Section 27(1)(a) admits to the institution under his charge any person for the purpose of training in any of the categories of Health Records and Information Managers in respect of which provision is made for registration or enrolment under this Act; Section 27(1)(b) purports to be conducting courses of training or examinations under this Act or Regulations made thereunder; Section 27(1)(c) issues any document, statement, badge, seal or uniform implying that the institution under his charge is approved by the Board as an institution for training of persons seeking registration or enrolment under this Act; Section 27(1)(d) issues any document, statement, certificate, badge or seal implying that the holder thereof has undergone a course of instruction or passed an examination prescribed by the Board, commits an offence and on conviction shall be liable to a fine not exceeding three million shillings or imprisonment for a term not exceeding two years or to both. Section 27(2) Any person who purports to conduct examinations on behalf of the Board while not being authorized by the Board so to d...

Section 28. Disciplinary Committee Section 28(1)(a) the Chairperson of the Board, or a nominee thereof who shall be the Chairperson of the Committee; Section 28(1)(b) one representative of the Cabinet Secretary who shall not be a member of the Board; Section 28(1)(c) a representative of the Attorney-General; Section 28(1)(d) a representative appointed by the Institute of Certified Public Secretaries; Section 28(1)(e) two Managers, one each from public and private practice, of distinguished professional standing nominated by the Board, who shall not be member of the Board; and Section 28(1)(f) the Registrar who shall be an ex-officio member of the Committee. Section 28(2)(a) has been convicted by a court of law of an offence punishable by imprisonment for more than six months, the commission of which in the opinion of the Board has dishonoured him or her in the public estimation; or Section 28(2)(b) has been convicted of or has acted in a manner amounting to professional negligence or professional misconduct in respect of the profession, including any breach of provisions of the Act or Regulations made pursuant to this Act. Section 28(3) The quorum of the Committee shall be five mem...

Section 29. Functions of Committee Section The Committee shall hear and determine matters referred to it by the Board or any other aggrieved person.

Section 30. Proceedings of Committee Section 30(1) A Manager whose conduct has been referred to the Committee shall be afforded a fair hearing and may appear either in person or be represented by an advocate of the High Court of Kenya. Section 30(2) The Committee may administer oaths or affirmation and may, subject to any Regulations, summon and enforce the attendance of persons as witnesses and the production of books and documents or other relevant evidence, on request by either party. Section 30(3) Subject to any Regulations made under this Act, the Committee shall regulate its own procedure.

Section 31. Decisions of the Disciplinary Committee Section 31(1)(a) issue the Manager with a letter of admonishment; suspend the registration certificate of the Manager for a specified period not exceeding twelve months; Section 31(1)(b) suspend the practising certificate of the Manager for a period not exceeding three months; Section 31(1)(c) withdraw or cancel the practising certificate of the Manager; Section 31(1)(d) impose a fine as prescribed in this Act or regulations or as it deems appropriate in the circumstances; or Section 31(1)(e) remove the name of the Manager from the register. Section 31(2) The Committee may order that a Manager reimburse the costs and witness expenses incurred in connection with the disciplinary hearing and such costs shall be civil debt recoverable summarily by the Board. Section 31(3) Where the Committee recommends to the Board that a Manager is unfit to practice as a result of ill-health, the Board may, if satisfied with the Committee's recommendations, withdraw the Manager's certificate of registration or practising certificate until such a time as the Board is satisfied that the Manager is able to resume his or her duties. Section 31(4) A Mana...

Section 32. Lifting of suspensions Section 32(1) A Manager who has been suspended from practicing may appeal to the Board citing valid reasons for the lifting of the suspension at any time before its expiry. Section 32(2) Where the Board is satisfied that the suspension of a Manager should be lifted, the Board shall lift the suspension and restore the registration and practising certificates and annual licence of a Manager subject to the payment of the prescribed fee.

Section 33. Restoration of registration Section 33(1) A Manager whose name has been removed from the register may appeal to the Board for restoration of his or her name in the register after the expiry of a period of three years from the date of such removal. Section 33(2) The Board may, after considering the appeal made under subsection (1) cause the name of the person appealing to be restored in the register upon payment of the prescribed fee.

Section 34. Effect of removal, cancellation or suspension Section 34(1)(a) cause the name of that person to be restored to the register; Section 34(1)(b) terminate the suspension of the registration; Section 34(1)(c) grant a new licence; or Section 34(1)(d) terminate the suspension of the existing licence. Section 34(2) Subsection (1) shall not apply where a person's name has been removed from the register at his or her request or with his or her consent and the name of that person shall on his or her application and on the payment of the prescribed fee be restored to the register.

Section 35. Professional misconduct Section 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;

Section 36. Funds of the Board Section such monies as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act; and

Section 37. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth of June in every year.

Section 38. Rules Section 38(1) The Board, in consultation with the Cabinet Secretary, may make Rules generally for the better carrying out of the provisions of this Act. Section 38(2)(a) the attendance of witnesses and the production of books and documents at an inquiry held by the Board; Section 38(2)(b) forms to be used in connection with this Act or fees to be charged under this Act; Section 38(2)(c) the conditions of admission to the registers and of the issue of licences; Section 38(2)(d) the manner in which the various categories of persons for whom provision is made in this Act for registration or enrolment may be established and their training regulated; Section 38(2)(e) the conditions under which training schools for persons desirous of obtaining registration under this Act may be approved and the courses of training and instruction to be undergone by persons seeking such registration or enrolment; Section 38(2)(f) the subject matter of training courses and examinations to be conducted by the Board; Section 38(2)(g) the conditions of admission for entry to training courses and examinations to be conducted by the Board; Section 38(2)(h) the standards and conditions of prof...