Mobile phone video shows Mr Kinsey lying down with his hands in the air, and his patient sitting in the road with a toy truck.
The latest shooting follows weeks of violence involving police.
North Miami Assistant Police Chief Neal Cuevas said officers were called out on Monday, following reports of a man threatening to shoot himself.
Police ordered Mr Kinsey and the patient to lie on the ground, he told The Miami Herald.
The video shows Mr Kinsey lying down while trying to get his patient to comply.
`Wow was I wrong`
He can be heard telling officers he has no weapon, and that the other man is autistic and has a toy truck.
An officer then fired three times, striking Kinsey in the leg, Mr Cuevas said. No weapon was found.
Police have not released the name or race of the officer who shot him but said he has been placed on administrative leave.
In an interview with the TV station from his hospital bed, Mr Kinsey said he was more worried about his patient than himself during the incident.
"As long as I`ve got my hands up, they`re not going to shoot me. This is what I`m thinking. They`re not going to shoot me," he said. "Wow, was I wrong."
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