KMPDC Sets Conditions for Use of AI in Medical Practice

The Kenya Medical Practitioners and Dentists Council (KMPDC) has outlined strict conditions governing the use of artificial intelligence and other technology-based healthcare services in medical practice.

In a notice on Wednesday, November 4, the Council highlighted the professional obligations that must be observed when adopting emerging technologies, including telemedicine, e-health, m-health, robotic medicine, wearable devices and artificial intelligence.

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"All registered practitioners and health institutions are hereby notified of their professional obligations when using technology-based healthcare services (including telemedicine, e-health, m-health, robotic medicine, wearable devices and artificial intelligence)," the notice read.

Among the key requirements issued by KMPDC was that healthcare providers must ensure full compliance with existing laws and regulations governing the medical profession and the provision of healthcare services.

These include the Health Act (Cap. 241), Digital Health Act (No. 15 of 2023), Medical Practitioners and Dentists Act (Cap. 253), Data Privacy Act (Cap. 411C), Civil Aviation (Unmanned Aircraft Systems) Regulations 2020 and the Kenya National Patients' Charter 2013.

The Council further directed practitioners and health institutions to provide only services falling within their defined scope of practice, emphasising that the introduction of technology should not allow medical professionals to operate beyond their authorised areas of expertise.

On artificial intelligence, KMPDC clarified that the technology should only serve as a support tool and must not replace human decision-making or clinical oversight.

This means that medical practitioners remain responsible for assessing patients, making diagnoses and determining appropriate treatment, even when artificial intelligence systems are used to support clinical decisions.

The Council also stressed that practitioners must accept full professional responsibility for all treatment decisions and recommendations, including those assisted by artificial intelligence systems.

Healthcare providers were further required to use only technology tools and systems that meet the highest standards of quality, data security and breach prevention to safeguard sensitive patient information.

On prescriptions, the Council prohibited practitioners from prescribing medication for individuals whose medical conditions had not been properly established, reinforcing the need for appropriate patient assessment before treatment is recommended.

KMPDC also directed health institutions and practitioners to maintain accurate and complete records of all services provided and ensure the records are securely stored to protect patient confidentiality while supporting continuity of care.

Additionally, healthcare providers were required to facilitate patients' access to their medical records in an accessible and portable format, allowing individuals to obtain and use their health information when necessary.

The regulator also cautioned practitioners against allowing their professional credentials to be misused, prohibiting them from signing or permitting the use of their names, signatures, registration or licence numbers to suggest they provided a medical service or issued a prescription when they had not actually done so.

KMPDC reminded medical professionals that compliance with the outlined requirements was mandatory and that violations could attract disciplinary consequences.

"All practitioners are required to adhere strictly to these provisions. Failure to comply may result in disciplinary action in accordance with the applicable regulatory framework," the notice added.

This comes weeks after KMPDC cautioned doctors and medical practitioners against lending or sharing their professional credentials with other individuals for pre-authorization from insurers or billing purposes.

In a public notice on Tuesday, September 22, KMPDC CEO David Kariuki said that registration numbers, practicing licenses, professional stamps, and signatures are personal to the registered practitioner and should not be shared. 

"Practitioners are reminded that registration numbers, practicing licenses, professional stamps, signatures, and related credentials are personal to the registered practitioner. 

"They must not be lent, shared, or otherwise used by any other person to seek pre-authorization from insurers, the Social Health Authority, or any other payer, or to represent that a procedure will be, or has been, performed by the named practitioner when that is not the case," read the notice. 

Kariuki warned that doctors and dentists who will be found to have shared their professional credentials will be held personally liable. 

"Such conduct may amount to professional misconduct and/or fraud, and may attract disciplinary proceedings before the Council, including suspension or cancellation of registration or license, in addition to any civil or criminal liability," Kariuki stated. 

The KMPDC CEO also warned health care facilities against allowing unqualified individuals to carry out major invasive procedures. 

Kariuki said that facilities found allowing unqualified individuals to perform major invasive procedures will face regulatory sanctions.

"Health institutions that allow unqualified persons to undertake major invasive procedures, or that facilitate the misuse of practitioners’ credentials, will be deemed to have failed in their duty of care to patients and may face regulatory sanctions, including suspension or cancellation of facility licenses, in accordance with Cap 253 and applicable regulations," he added.