Law No. 70 of 2020 regarding the practice of the medical profession and its auxiliary professions and the rights of patients and health facilities

- After reviewing the Constitution,
- The Penal Code promulgated by Law No. 16 of 1960 and the amending laws thereof,
- And Emiri Decree No. 33 of 1960 in the Law of Health Control Procedures for Persons coming to Kuwait from areas affected by certain infectious disease
- And Law No. (49) of 1960 in the matter of therapeutic institutions
- And Law No. (8) of 1969 regarding health precautions for the prevention of communicable diseases and the amending laws thereof
- And Law No. (36) of 1969 in the matter of organizing the registration of births and deaths,
- The Decree Law No. (131) of 1977 regulating the use of ionizing radiation and protection from its risks
- And the decree issued on January 7, 1979 regarding the Ministry of Public Health,
- And Decree Law No. (15) of 1979 regarding the civil service and its amendments
- And the Civil Law promulgated by Decree Law No. (67) of 1980 and amended by Law No. (15) of 1996
- And Decree Law No. (25) of 1981 regarding the practice of medicine, dentistry, and allied professions, as amended by Law No. (41) of 2007,
- And Law No. (74) of 1983 regarding combating drugs and regulating their use and trafficking them, and the amending laws thereof
- And Decree-Law No. (48) of 1987 regarding combating psychotropic substances and regulating their use and trafficking them, as amended by Law No. (13) of
2007
- And Decree-Law No. (55) of 1987 in the matter of organ transplantation
- And Decree-Law No. (62) of 1992 in the matter of preventing acquired immunodeficiency syndrome (AIDS)
- And Law No. (15) of 1995 in the matter of combating smoking,
- And Law No. 28 of 1996 regulating the profession of pharmacists and drug handling, amended by Law No. (30) of 2016
- And Law No. (1) of 1999 regarding health insurance for foreigners and imposing fees for health services, amended by Law No. (15) for the year 2019
- And Law No. (38) for the year 2002 regulating the advertisement of health-related materials
- And Law No. (31) for the year 2008 regarding medical examination for those wishing to marry before consummating the marriage,
- And Law No. (6) for the year 2010 regarding work in the private sector and the amending laws thereof
- And Law No. (8) of 2010 regarding the rights of persons with disabilities and and the amending laws thereof
- And Law No. (112) of 2013 establishing the Public Authority for Food and Nutrition, as amended by Law No. (16) of 2019,
- And Law No. (116) of 2013 in the matter of encouraging direct investment,
- And Law No. (42) of 2014 regarding the issuance of the Environment Protection Law, amended by Law No. (99) of 2015,
- And Law No. (114) of 2014 regarding health insurance for retired citizens,
- And Law No. (21) of 2015 in The matter of children’s rights,
- And Law No. (63) of 2015 regarding combating information technology crimes,
- And Law No. (18) of 2016 regarding social care for the elderly,
- And Law No. (14) of 2019 regarding mental health,
- And Decree issued on 4/4/1979 regarding the civil service system and its amendments
The National Assembly approved the following law, and we have ratified and issued it:


Chapter One
Definitions
Article (1)

In applying the provisions of this law, the following words and expressions shall have the meaning indicated opposite each of them:
- Ministry: Ministry of Health
- Minister: Minister of Health
- Undersecretary: Undersecretary of the Ministry of Health
- Profession: the medical profession and allied health professions
- Medical Profession: the profession of human medicine or dentistry.
-Physician: Every person holding a university degree from one of the colleges of human medicine or dentistry recognized and approved by the competent authorities in the country
- Allied Health Professions: Allied and assisting professions for the professions of human medicine and dentistry, in accordance with the provisions of this law.
- Patient: Every person who receives medical healthcare services in accordance with the provisions of this Law
- Healthcare Facility: Every place designated and prepared to provide medical or healthcare services to individuals with the intention of diagnosing, treating, or preventing diseases, improving health, rehabilitating or convalescence.
- Private Healthcare Facility Owner: Every natural or legal person licensed to establish, operate, and manage a healthcare facility excluding healthcare facilities owned by governmental agencies.
- Director of the private healthcare facility: Every person licensed to practice the profession and authorized by the license holder of the private healthcare facility to manage it technically. He shall be responsible for the activity of that facility toward third parties, in accordance with the standards set by the Ministry.
- Informed Consent: Acceptance by the patient or his/her legal representative of the medical procedure required to be taken after being informed about the nature of this procedure in accordance with the provisions of this law and its implementing decisions.
- Medical file: A record that includes the patient’s personal data and everything related to his health condition and his medical history. It includes all medical procedures and services that were performed and provided to the patient therein.
- Aesthetic Plastic Surgeries: Surgeries and interventions whose purpose is to improve the shape or form of a person based on the patient’s desire and according to his/her request and as permitted by medical principles and rules, developments, and ethics and morals of the profession.
- Health Licensing Department: The competent department in the Ministry of Health to receive all applications related to licenses to practice the profession, licenses to establish, operate and manage healthcare facilities, and any other tasks stipulated in this law or any other law.

Chapter Two
Practicing the Profession
Article (2)

A medical professional shall be a person who undertakes by himself, through others, or by any other means any of the following actions:
1- Providing medical advice for the purpose of diagnosing or evaluating disease progression, prevention, treatment, or improvement of human health.
2- Prescribing, administering, or applying a treatment for the disease, to prevent it, or improve human health.
3- Performing any examination, inspection, procedure, intervention, or any medical or surgical act.
4- Withdrawing or extracting samples from the human body for a medical test with the intention of diagnosis, treatment, prevention, or improvement of human health.
5- Requesting laboratory tests and evaluating their results for the purpose of diagnosis, treatment, prevention or improvement of human health.
6- The use of x-rays and radioactive materials of all kinds for the purpose of diagnosis, treatment, prevention or improvement of human health.
7- Use of physical techniques and materials such as ultrasound, light waves, and other materials for the purpose of diagnosis, treatment, prevention or improvement of human health
8- Giving a medical certificate or report regarding the health condition.
9- Conducting forensic examinations or autopsy of dead bodies or giving medical reports in this regard.


Article (3)

The following professions shall be considered allied health to the medical profession:
1- Nursing and allied nursing services.
2- Oral health and dental laboratories.
3- Physiotherapy and Occupational Therapy.
4- Optics.
5- Radiography, nuclear medicine and radiation protection.
6- Medical and health laboratories.
7- Prosthetics.
8- Medical emergencies.
9- Speech and Auditory.
10- Public health.
11- Dietetics and Nutrition
12- Psychotherapy and psychological counseling
13- Sterilization
14- Other allied health services:
(Tissue transplantation - organ preservation - electroencephalogram, Electrocardiography, and muscle mapping - anesthesia, artificial heart and respiratory therapy - genetic tests - Podiatry - preparation and control of drugs).

The Minister may add other professions that could be allied to the medical profession.
He/she shall also issue a decision defining and specifying the conditions and requirements for the employment and practice of each of these professions to regulate their practice, after consulting the relevant professional public benefit associations.

Article (4)

No person may practice the profession except after obtaining a license to do so in accordance with the provisions of this law.

A license to practice the profession is issued by the Health Licensing Department after obtaining approval from it or by the Undersecretary according to the conditions stipulated in this law and payment of the fees specified by the Ministry. The license bears the licensee's name, photograph, job title, professional level, specialization, the entity in which he is licensed to work, and its validity period.

The Health Licensing Department shall establish a register to record all the data of those licensed to practice any of the professions stipulated in this law or the decisions implementing it.

Article (5)

License Applications shall be submitted to the Health Licensing Department, and the Department shall decide on the application with a justified decision within a period not exceeding sixty days from the date of submitting the application to it. If this lapses without a decision being made, the application shall be considered rejected.

Concerned parties may file a grievance against that, with an application that includes the reasons and evidence upon which it is based, accompanied by the supporting documents, and it shall be submitted to the undersecretary within fifteen days from the date applicant or his legal representative received the rejection decision, or sixty days from the date of submission of the application without a decision being made on it.

In this case, the undersecretary must decide on the submitted grievance within a period not exceeding thirty days from the date of its submission with justification about the decision, and the lapse of this period without a decision being made on it is considered as a rejection of the grievance, and the decision issued regarding the grievance shall be final.

The concerned parties may appeal this decision before the concerned court.

The Minister shall issue a decision regulating the procedures and rules of work, and the mechanism for issuing decisions in that department. It shall specify in it the types of licenses issued, their classification, conditions, controls and fees, in addition to the documents required for submitting applications, grievances for the issuance of all licenses and their amendment, as well as the fees determined for the delay in their renewal.

A healthcare professional must submit a license renewal application at least sixty days before the expiry of the license.



Article (6)

In order to obtain a license to practice the profession in the private sector, the applicant shall be insured against the risks of practicing the profession and malpractice with
an insurance company licensed to do so in accordance with the provisions of the laws in force in the country. The Healthcare Facility Owner shall pay and renew the insurance fees for all the employees, This applies to visiting practitioners.


Article (7)

The Health Licensing Department may grant temporary and special licenses to visitors practicing the profession at the Ministry or other government agencies or private healthcare facilities, in accordance with the requirements and procedures that are regulated and issued by the Minister through a designated decision for that.
Anyone who brings in a visiting practitioner shall bear the responsibility for compensation for his medical error in the face of injury to a person if the error was committed inside the healthcare facility of the person who recruited him or at any other healthcare facility with the consent of the person who recruited him, without prejudice to the right of recourse against the perpetrator of the error.


Article (8)

The Ministry shall be committed to providing the necessary requirements for training healthcare professionals, students of medical colleges, and students of allied health professions colleges, provided that this is done in accordance with the plans and programs approved by the Kuwait Institute for Medical Specialization (KIMS) or other concerned authorities.
The Minister shall issue decisions regulating education or training in governmental and private facilities, and the conditions and requirements regulating them, their licenses, and developing requirements for the use of volunteers.


Chapter Three
Professional Ethics and Ethics
Article (9)

A Healthcare professional is committed to the following:

1. To perform his work duties in accordance with the recognized scientific and technical principles in the field of medicine and its basic rules, and in a manner commensurate with his degree, level, scientific and practical specialization, and professional experience in performing
them.
2. Observe compliance with the applicable laws, regulations, and decisions related to the exercise of their work to achieve the necessary care for the patient.
3. Take all necessary measures to preserve the patient's privacy and dignity without discrimination on the basis of gender, origin, religion, language, or any other basis.
4. Ensure the exchange of medical information and expertise and cooperate and assist each other in caring for patients.
5. Not to exploit the patient's need for the purpose of achieving a private benefit for himself or others.
6. Not to act maliciously towards any healthcare professional, to disparage his scientific or literary status, or to spread rumors that offend him.
7. To treat patients with care, and to provide them with the required health care without discrimination between them.
8. Cooperate and seek advice from specialists if the patient's condition necessitates it.
9. Respond to calls without delay in cases of emergencies, disasters and wars, even if they are outside their official working hours or on authorized vacations.
10. Recording the patient's health status and medical history.
11. Use available diagnostic and treatment methods necessary for the patient’s condition, and use medical devices, tools, and equipment in accordance with the rules, requirements, and procedures for their use.
12. Observing accuracy in clarifying and transmitting medical information and data when directing health advice or guidance to patients or the public, in accordance with his specialization or what is required by his work practice and the nature of his job.


Informed Consent
Article (10)

The physician must obtain the patient's informed consent and inform him with all honesty and truthfulness of the following:
1. The full state of his illness, its stages and causes.
2. The medical, diagnostic, and therapeutic, and procedures that shall be taken according to the patient’s condition. Further indicating the benefits and risks of each, and an introduction to the appropriate alternatives and available options in a decent, simplified and clear manner, to the extent permitted by his physical and psychological condition.
3.The treatment plan to be followed.
4. Potential complications that are not rare during and after medical work.


Article (11)

The informed consent shall be issued by:
1- The patient himself if he is married or has completed eighteen years of age, male or female, or his legal representative, if the patient’s condition does not allow him to do so, informed consent may be issued from the father, mother, spouse, adult relatives of legal age up to the second degree, whether they are male or female, or his legal representative.
2. The father or the mother if the patient is under the age of eighteen years of age, whether male or female, or one of thier adult relatives up to the second degree, whether they are male or female, or legal representative.
3. The patient himself if he has completed the full fifteen years of age, male or female, with regard to receiving medical services and primary health care, except for cases that require overnight stays for more than 24 hours in the healthcare facility.
4. The patient himself, if he has completed twenty-one years age with regard to surgical procedures and aesthetic plastic surgeries and interventions, and if he has not completed twenty-one years of age, consent is issued from both the father and mother, or the living parent at the time, or the legal representative.
5. The patient himself if he has completed twenty-one years in relation to organ transplantation. Whoever has completed eighteen years of age may donate to one of his relatives up to the second degree, subject to the provisions and procedures of the law regulating organ transplantation.
6. The legal representative of the Ministry of Social Affairs and Labor regarding those who are under its care or who are housed or admitted to it.
7. The custodian, if the patient under eighteen years of age, whether male or female, and is in custody in accordance with the provisions of Law No. (80) of 2015 regarding family custody.
8. The mentally of emotionally compromised patient who is unable to make decisions related to his health, in this case, the provisions stipulated in Law No. (14) of 2019 regarding Mental Health are taken into consideration.

Informed consent must be issued for every new, unscheduled medical intervention, and the Ministry prepares the form for informed consent, and a decision is issued by the Ministry specifying medical services and primary health care.
If the father, mother, legal representative of a minor, custodian, or relative refuses to approve a medical procedure and the patient’s health and physical integrity will be endangered as a result of that, the physician in charge shall refer the matter to the director of the healthcare facility or their representative, in order to form a committee of three specialized physicians provided that it’s head shall be at the level of a consultant physician to take over the provision of the necessary care for the patient and take whatever it deems necessary.

If the consent of the patient or their legal representative cannot be obtained in a timely manner in cases of accidents, emergencies, or critical situations that require immediate or urgent medical intervention to save the life of the patient or one of their organs, or to avoid serious harm or danger resulting from delaying medical intervention, the physician shall perform medial work without obtaining that consent.

The patient’s legal representative may delegate a person to assume full health care responsibility, including giving informed consent for the patient who has not reached the age of eighteen years, whether male or female, on a temporary basis, provided that this is done according to an official power of attorney notarized by the responsible authority in the state.

In all cases, if it is not possible to obtain approval in accordance with the provisions of this law, the treating physician for the case shall refer the matter to the director of the facility to take the appropriate decision, taking into account the patient’s interest.


Article (12)

The physician shall verify the patient's mental capacity before obtaining informed consent or giving prior instruction regarding decisions related to their health in accordance with Article (30) of this law, by verifying the following:
1. The patient is conscious and aware of time, place, their personal identity and the identity of those around him.
2. The patient should be able to understand and comprehend the nature of the disease, the options available for treatment, and the known and potential complications of each of the treatment options, in proportion to their age, degree of education, and the nature of their work.

In case the patient fails to fulfill any of the said two conditions mentioned hereabove, the patient shall not be deemed in a fit condition that allows them to issue informed consent or express previous instructions.

In all cases, the physician is obligated to carry out this evaluation and procedure in the presence of two witnesses who are physicians or allied health professions for the medical professions, and to record this in the patient's medical file.


Obligation not to disclose the patient's secrets
Article (13)

A healthcare professional is prohibited from divulging a patient’s secret, whether this secret came to their knowledge or was discovered through the practice of the profession, or the patient had entrusted them with it, or heard it from others. This prohibition applies to all individuals who come to know about patient’s secrets through their work in the concerned healthcare facility or other. However, the secret may be disclosed in the following cases:

1. In implementation of a written order issued by the court, the Public Prosecution, or one of the competent investigation authorities, or when appearing before those authorities.
2. Disclosure of marital medical issues and matters related to one of the spouses to the other spouse. Disclosure to one of them shall be in person after obtaining written consent from the concerned spouse. Such consent is not required if the disclosure is to prevent an imminent health risk from the other.
3. Disclosure to the competent official authorities with the intention of preventing the commission of a crime or to report it.
4. Reporting a communicable disease in accordance with the obligatory laws and regulations issued in this regard and must be followed. Disclosure is limited to the authorities specified by the Ministry and in accordance with the provisions of Law No. (8) of 1969 AD Regarding Preventive Health Procedures from communicable diseases.
5. The patient’s written consent to disclose their secret to the person or entity and according to the scope they determine.
6. The exchange of information and data required as per professional standards, whether it is between the medical staff, or with the administrative body of the healthcare facility, or with the patient’s family, or his legal representative in cases that require this, provided that this shall be between them and in the restrictive manner and as required to perform their duties and tasks.
7. Cases of violence and ill-treatment of children in accordance with the provisions of Law No. (21) of 2015 regarding the Rights of the Child.
8. Cases of negligence and violence to the elderly in accordance with the provisions of Law No. (18) of 2016 regarding Social Care for the Elderly.

The Minister may issue a decision specifying the cases to be reported, the entities to be notified to, and the procedures to be followed.


Prohibitions on Practicing Healthcare Professionals
Article (14)

A physician may not refrain from treating or assisting any patient or injured person, and providing the care he may need, unless his condition is completely outside the area of specialization, or if he has serious and reasonable reasons and justifications for this abstinence, except for emergency cases in which the physician is obligated to provide the necessary medical assistance and provide first aid to the patient or the injured person, unless he is assured of the presence and follow-up of specialized physicians capable of providing the medical service and health care needed by the sick or injured person.


Article (15)

A healthcare professional is prohibited from announcing the prices of the services performed, or any product, treatment, or medical device by any means of publication or advertisement, except after obtaining the approval of the competent authority in the Ministry, and it is permissible for the healthcare professional to announce about himself, specialty, workplace, and services provided after obtaining a license to practice and during the period of the validity of the license. The above applies to all healthcare facilities.

In all cases, it is necessary to respect public morals, adhere to professional ethics, preserve patient privacy in advertisements, and refrain from claiming priority or precedence in providing medical services or providing health care. The advertisement must not contain any offense to any patient, healthcare practitioner, professional body, or healthcare facility.

A decision shall be issued by the Minister define and regulate the rules, conditions, fees, and controls for advertising, and to specify the competent authority in the Ministry to consider advertisement applications, the procedures for submitting and reviewing them, and issuing the necessary approval for them.


Article (16)

No one may advertise by any means or method about medicines, preparations, mixtures, formulas, stimulants, special foods, devices, machines, equipment, or tools related to health or aesthetic aspects affecting the human body before obtaining a license to do so from the competent authority in the Ministry, provided that the Minster issues a decision determining the competent authority.

No third party may conduct a questionnaire or survey or provide offers, services or advertisements within the healthcare facility, unless prior written approval is obtained from the facility’s management to allow this.





Article (17)

It is forbidden for a physician to abort any pregnant woman except in the following exceptional cases:
1- If the abortion is necessary to save the mother’s life
2- If the continuation of the pregnancy seriously harms the mother’s health
3- If it is scientifically proven that the fetus will be born with severe physical deformity or mental deficiency, from which there is no hope of recovery, after obtaining the prior written and explicit consent of the husband and wife for the abortion.
The abortion shall be performed, according to the provisions of this article, in a governmental of private hospital, and it is performed based on a written approval signed unanimously by a medical committee formed by the director of the hospital of three physicians specializing in the field of gynecology and obstetrics, provided that the chairman is at a consultant level, and the committee may seek assistance of the physicians it needs in other disciplines.
The Minister shall issue a decision regarding the conditions that shall be met for the appointment of the members of the aforementioned committee, the procedures to be taken, and the necessary and approved medical standards to conduct this operation, in addition to the rules regulating urgent cases.


Article (18)

Healthcare professionals are prohibited from ending the patient’s life, regardless of their health condition and for whatever the reason, even at the patient’s request.
The specialized or treating physician may give the patient medicines and drugs to reduce the patient’s pain and suffering, or to increase tolerance, provided that they are licensed, and in accordance with the followed and approved medical regulations and guidelines, and approved by a decision issued by the Ministry.


Article (19)

It is prohibited to perform all operations, surgeries and medical interventions that may lead to change in the gender of a person, but it may be performed for the purpose of correcting the gender. Such operations shall only be performed in government hospitals affiliated to the Ministry, and in accordance with the following regulations and procedures:

1- That the person’s gender affiliation is ambiguous and suspicion between masculinity and femininity.
2- That they have physical features that are contrary to their physiological, biological or genetic characteristics.
3- That the first and second clauses of this article be verified according to medical reports issued by the Ministry.
4- A written and explicit correction request is submitted by the patient or their legal representative to the Undersecretary of the Ministry of Health, supported by all available documents and reports
5- The approval to conduct this process shall be issued by a medical committee formed by the Minister from three specialized physicians, provided that the chair is at the level of a consultant, and the decision is written and signed by all members of the committee, and includes the specified patient gender and approval of the correction process in accordance with the medical protocols approved in this regard and in the patient’s best interest.
6- The committee must seek the assistance of a psychiatrist to perform the necessary psychological preparation before and after the procedure.
7- The committee shall issue a medical report regarding the patient's condition and gender within two weeks from the date of the correction surgery, in light of which the official documents are amended and corrected.
8- The Ministry shall issue a correction certificate that includes all the data of the patient’s old birth certificate, indicating his gender before and after the correction surgery, the date of correction, its results, and a summary of decision and report data of the committee. The data of the birth certificate shall be legally recognized by all authorities.
9- The Ministry shall issue the correction certificate referred to in the previous clause within a period not exceeding two months from the date of conducting the correction surgery, and to record all data and procedures that have been carried out in a special record within the Ministry, and indicate the type of correction, its date, and its supporting documents in the patient’s old birth record within the Ministry.
10- According to the certificate of correction referred to in the two previous clauses, an application regarding the change of name shall be submitted to the committee stipulated in Law No. (10) of 2010 regarding Regulation of the Procedures for Lineage claims and the Correction of Names, provided that a suitable name is chosen for the patient, fit for his social class and not repeated among his siblings. The committee issues its decision on the application with brief justifications, and the patient or their legal representative shall be notified of it when following up with the aforementioned committee, which shall deliver an exact copy of the decision to them. In the event of approval to change the patient’s name, the date and wording of the decision shall be published in the Official Gazette.


Article (20)

It is forbidden for a physician to perform a medical, surgical or therapeutic procedure for any person if it would lead to permanent infertility, unless it is for a considered medical necessity in order to avoid certain harm to the patient, and in this case the physician must obtain an express written consent from the patient prior to the procedure, and that the request and medical necessity shall be recorded in the patient’s file.


Regulations for Practicing the Profession
Article (21)

A physician may perform all kinds of imaging required by to practice of the medical profession for the purpose of diagnosing, or treating a patient, or following up on his condition, provided that this is recorded and maintained in their medical file or kept in any other safe place that conserves privacy and protects the confidentiality of their data.
A healthcare professional may perform any type of imaging for the purpose of education, documentation, research, scientific publication, exchange of experiences or information in the medical field, or for health awareness, provided that the written and express consent of the patient is obtained. The consent shall include the purpose and limits of use and publication, taking into account non-disclosure the patient's personality and identity whenever the considered interest for that is absent. It is prohibited for third parties to photograph/take videos of the patient or the healthcare professional while they are in the healthcare facility for any reason, or by any other means, except after obtaining prior written consent from the patient or the healthcare professional on the one hand, and from the management of the healthcare facility on the other hand.


Article (22)

The physician shall write the prescriptions, reports, and medical certificates that are they specialize in or assigned to in a clear and accurate manner and in accordance with the recognized professional principles recognized in the medical field, and are prohibited from giving a prescription, report, or medical certificate that is contrary to the truth.
In all cases, they shall record their name, description, professional level, the entity they works in, and the date and time of issuance of the prescription, report or medical certificate, and they must sign it, and a copy of that shall be kept in the patient's medical file.


Article (23)

All surgeries or medical interventions according to the type, specialization, and case are subject to the conditions, regulations, and standards determined as per the Minister’s decision as the case may be, and after consulting the heads of the relevant departments in the government sector, and consulting with staff in the private sector in the same field.
Provided that the practitioner of aesthetic plastic surgeries and interventions conducts them according to their license specialization, and to be qualified for that in accordance with the requirements and standards that regulate them, and a special decision is issued in this regard by the Minister. In all cases, they shall obtain the written patient’s informed consent, accompanied by the drawings, pictures, measurements and all relevant documents to the agreed upon procedure, and their obligation shall be practiced with the due diligence care.



Article (24)

Home and remote medical and health may be provided , utilizing artificial intelligence, advanced technologies, modern communications, digital means and electronic media, and the Ministry sets the necessary conditions and requirements for this.
The Ministry shall determine the basis, standards, and technical and administrative procedures necessary to regulate dealing with issues of stem cells, tissues, embryos, artificial insemination and fertilization, to provide safe and proper treatment, in accordance with the public policy in the State.
The Ministry shall regulate the licensing and practice of traditional and complementary medicine in accordance with the terms and conditions specified by a special regulation issued for this.


Article (25)

A permanent committee shall be formed in the Ministry, by a decision of the Minister, to develop regulations and guidelines, and to propose the issuance of regulations and guidelines related to ethics, morals, and customs of practicing the profession, updating and developing them in line with local and international developments, and following up on their implementation, provided that the membership of the committee is represents colleges of medicine and government medical sectors in the various ministries, and the private medical sector, and professional societies of public benefit related to the provision of healthcare.


Chapter Four
Patient Rights
Article (26)

The patient has the right to receive medical services and comprehensive health care in accordance with medical principles and developments, including prevention, diagnosis, treatment, rehabilitation, awareness, and guidance.


Article (27)

The patient has the right to be fully, honestly, and accurately informed about everything related to their health condition as stipulated in Article (10) of this law. The physician shall be accurate and honest in informing the patient about the disease, its nature, stages, causes, potential complications that are not rare, diagnostic procedures, treatment methods, benefits and risks of each of them, and to inform them of the appropriate alternatives and available options in a decent, simplified and clear manner, to the extent permitted by the patient’s physical and psychological condition. If new developments arise that require making new decisions to be taken, the patient or their legal representative must be informed of them, as required by the circumstances of the situation except for emergency cases.


Article (28)

Each patient must have their own file with the healthcare facility that provided them with the treatment, consultation, service or health care, in which all information and data related to the patient and their health status are documented. The file must include the procedures, examinations, and diagnostic investigations that were conducted for the patient, the results and diagnoses that resulted therefrom, treatments and instructions, reviews and follow-ups that have been received, as well as documentation of permanent and temporary medical devices that have been installed within and used on the patient’s body.

The patient or their legal representative have the right to request a detailed or brief medical report, according to the purpose of the report, and within the limits of their request from the treating physician, the supervisor of his condition, or whoever is assigned by the facility management to do so. The physician in this case shall provide them with the report based on their medical file, provided that a written request from them or their legal representative is submitted to the facility’s management. A copy of the issued report shall be kept in the patient’s medical file.

The patient also has the right to request obtaining a copy of the reports, results of examinations, diagnostic investigations, or treatments, as well as their medical bills and fees, and the healthcare facility management shall provide them with what was requested. The Minster shall issue a decision determining the fees and procedures regulation the above.


Article (29)

Upon entering the healthcare facility, the patient has the right to express prior directives regarding making decisions related to their health condition, after verifying his mental fitness as set out in Article (12) of this law, and provided that it is written down in accordance with the form prepared for this purpose by the Ministry, and all the procedures and directives are verified and documents in the patient’s medical file. It shall include the following:

1- Appointing one or more fully competent person or a specific entity to legally represent the patient in the dealing and taking the medical procedures that they specify, and in this case, it is required to get written consent from that person or that entity before implementing it.
2- Rejection or acceptance of all or part of any medical procedure determined by the patient after being informed of its medical importance and its impact on their health condition.
3- Not informing them about the diagnosis of their health condition or its development and withholding it from them, provided that they are not a carrier of an infectious disease.


Article (30)

The patient has the right to reject or rescind informed consent or prior directives at any time without a reason. The medical team and the management of the healthcare facility shall respect their will and record this in their file after informing them of the consequences. This shall be conducted with the same procedures required for its acceptance according to this law.

In the event that the patient refuses or rescinds from any medical procedure, the physician shall remain committed to carrying out their duties towards the patient by offering medical alternatives to take care of his health.


Article (31)

The legal representative of the patient shall be provided with all medical information, and it is permissible to provide the minor with all or some of the information according to their age and mental capacity.


Article (32)

It is prohibited to conduct any research, experiments, or scientific or practical applications in the medical field on the human body except after obtaining a prior and express written consent from the patient or their legal representative, in accordance with the regulations, conditions, and procedures and with a license from the authority specified by the Minister in a decision issued in this regard.

It is prohibited to conduct any operations, research, experiments, or applications related to human cloning.


Article (33)

The patient or their legal representative has the right to
1- Obtain information related to the medical services provided by the concerned healthcare facility, the approximate expected financial costs for the treatment, and the amounts incurred by the insurer from such costs.
2- Receive the medical services available in the healthcare facility by a specialized medical team who is scientifically, practically, and professionally qualified in accordance with the applicable laws, regulations and decisions.
3- Know the names, functions, and roles of the whole medical team which treats and cares for them, including physicians and other allied health professionals.
4- Know the treatment plan developed by the treating medical team, the date of their transfer and discharge from the healthcare facility, and how to follow up their health condition during periodic review after discharge from the facility.
5- Obtain a safe and effective health environment inside the healthcare facility during the period of receiving medical services by practitioners.
6- Obtain, when needed, translation services available at the expense of the healthcare facility.



Chapter Five
Medical Liability
Article (34)

The physician shall not be questioned about the patient’s result as long as he/she has exercised the necessary care and resorted to all the means available to him/her, which the physician possesses expected to be followed by any physician in the same circumstances in accordance with his/her specialty according to degree, educational, practical, and professional level upon the diagnosing of the disease or treatment.
The physician shall be liable in the following cases:
1- If he/she commits an error as a result of breaching or ignorance of the proven medical technical standards and basic rules of medicine, or negligence in implementing them.
2- If he/ she conducts research, experiments or applications on the patient’s body that he/she is not authorized to perform by the competent authority in the Ministry, or without obtaining the patient’s prior and explicit written consent.
3- If it is proven that the physician neglected or failed to provide the necessary care and follow-up of the patient’s health condition and treatment.
4- If he/she performs any medical work on a patient in violation of the regulatory decisions issued by the Ministry in this regard.
5- If he/she conducts and operation, , prescribes, applies, or provides treatment to a patient without being a specialist or being qualified for that.
6- If he/she uses medical devices, equipment, machines, or tools without sufficient knowledge or adequate training for their use, or without taking the necessary precautions to prevent harm as a result of this use.

The physician shall not be liable in the following cases:

1- If it is proven that the harm suffered by the patient was due by the patient's own action or negligence.
2- If it is proved that the harm suffered by the patient was due to the patient’s refusal or abstention from treatment or failure to follow the instructions issued to him/her by any specialist physician who supervises or initiates his/her treatment, provided that the aforementioned is documented in his/her medical file in a timely fashion.
3- If the harm occurred to the patient as a result of his concealing essential information related to his/her health condition from the treating or supervising physician.
4- If the harm resulted from a facility error or an external cause beyond the physician’s control.
5- If the harm occurred to the patient as a result of recognized medical effects or complications or due to the unexpected complications in the field of medical practice.
6- If the physician follows a specific medical method in diagnosis or treatment that is contrary to other physician in the same specialty, as long as the method followed is consistent with the medical principles generally recognized in this field.
7- If the harm occurred while the physician was performing their duty of assistance in the event of disasters or public emergencies.
The healthcare professionals shall be bound by the same obligations as the physician, to the extent that it can be applied to them, and every agreement or condition that includes a limitation or restriction of the aforementioned liability cases or an exemption from them is null and void.


Article (35)

The Ministry and other government agencies that providing healthcare services are obligated to implement the final judgements issued against its healthcare practitioners of their personal or facility error by paying from the special item of the budget of the entity to which the healthcare practitioner belongs, or from the Personal Medical Errors Compensation Fund which is established by a decision of the Minister, provided that the value, conditions, and amount of the monthly subscription that healthcare practitioners are to abide by promote the fund. The subscription value is nonrefundable by the participants, and the Ministry has the full administer and dispose of it.

The Ministry may seek the assistance of other governmental institutions, agencies, or companies to undertake the management of the aforementioned fund, and it may also add to the fund the subscriptions of healthcare practitioners working for other governmental agencies.

The Ministry may not resource against to the healthcare practitioner who subscribes with it.





Authority for medical responsibility (AMR)
Article (36)

An authority called (Authority for medical responsibility) shall be established and shall have a legal personality and an appended budget. The Authority shall be presided by a full-time physician whose level is not less than a consultant appointed at the rank of Ministerial undersecretary, he/she shall be assisted by a Deputy who is a full-time physician appointed at the rank of Assistant Ministerial Undersecretary. A decree shall be issued by the Council of the Minsters to appoint the president and deputy based on the nomination of the Minister after seeking the opinions of leaders in the Ministry and relevant public benefit associations prior to nomination. The appointment shall be for four non-renewable years.

The President of AMR shall represent the Authority before others.
AMR and its committees shall have an independent headquarters to be determined by a decision of the Council of Ministers.

Article (37)

The Authority specializes exclusively, through the committees it forms, in providing expert medical opinions, in complaints, records, communications, reports, court cases, and lawsuits related to medical errors and professional violations committed by healthcare professionals or owners of healthcare facilities or its directors to determine the occurrence (or not) of medical errors or professional violations whether in governmental or private facilities, and to determine the nature of the error and those responsible for it, assessing the damages resulting therefrom, indicating their effects, and imposing the disciplinary penalties prescribed in the law in a manner commensurate with the gravity, nature and frequency of the violation or error, if necessary.


Article (38)

The deputy president of the authority shall have the right to exercise all the powers stipulated herein in the absence of the president or upon his/her authorization by a decision or a written assignment for such.

The Authority shall be a general secretariat that develops the agenda of its committees’ meetings, directs invitations, maintains documents, and organizes all its affairs and everything necessary for the conduct of its committee’s work.
The General Secretariat shall also be responsible for assisting the president, deputy, and committees, and following up on the implementation of their decisions.
The Authority has the right to assign, appoint, or contract with whomever it deems appropriate to utilize their services.


Article (39)

The president of the Authority shall form a committee or committees to examine the issues referred to them by the aforementioned bodies, provided that its members are experienced and competent in what is entrusted to them, as follows:
1- Three specialized physicians or physicians who have sufficient medical experience to decide on the subject presented to the Authority.
2- A lawyer from the Fatwa and Legislation Department, who’s level shall not be less than an assistant counselor or a professor of law with a practical or professional experience of not less that fifteen years.
3- A medical expert from one of the medical colleges who specializes or has experience in the subject area presented on the Authority.
4- A physician specialized in Occupational Health
5- A Forensic Doctor
The Authority shall appoint foe each committee a legal researcher to assist it in carrying out the legal procedures, and an administrative employee to carry out secretarial work.
The President of the Authority may change the number of the members of the committee, provided that its number is not less than five and that its formation contains an odd number of members, and includes the categories aforementioned in this article and are selected as per the nature of the subject presented and its effect.


Article (40)

The Authority may seek the assistance of any medical, professional or scientific body to provide with or suggest the names of physicians, experts or specialists in the matter presented to the Authority.


Article (41)

All committee members are prohibited from participating in deliberations, voting, taking any action, making decisions, or expressing an opinion in a case presented to the committee, if they are involved with one of the parties of the case either through any form of interest (direct or indirect), kinship or affinity up to the fourth degree, current of previous legal disputes, and current or previous business or professional association.


Article (42)

It is not permissible to change the members of the committee formed by the president or deputy during the conduct of its work, except in cases that necessitate that, including:

1- A case of conflict of interests that is discovered after the formation of the committee in the manner set forth in this law.
2- The resignation or withdrawal of a committee member due to a sense of embarrassment.
3- The absence of a committee member for more than three meetings without a serious and acceptable excuse.
4- Death or illness that prevents the performance of the committee's work.
5- Proven judicial conviction of a crime involving moral immorality or dishonesty.


Article (43)

The president or deputy shall verify the lack that of interest between the candidates to the membership of the committee and the subject presented to it and its parties. They may communicate with the competent bodies to provide them with the details and information required to verify such terms or conditions before forming the committee, whenever possible, and then determining the matter of appointing committee members or when changing them.
In case a conflict of interests is established between a committee member and a party or the subject under consideration, the member shall withdraw promptly, whether on his own initiative or based upon a request submitted to the president by the concerned parties specifying the terms of the conflict of interest or relation supported by attached evidence. Accordingly, the president or deputy shall appoint an alternative member after verifying the lack of any connection or interest in the alternative member as per aforementioned details.


Article (44)

The meetings of the committee formed by the Authority shall be recorded in a special and printed report prepared for this purpose and signed by all the attending member of the committee after each session.
The committee meetings, minutes, decisions and reports shall be considered confidential, and the information contained therein may not be disclosed, used, or published except in accordance with the provisions hereof.
The committee must summon and hear the testimony of the patient, their family, their legal representative, as well as the professionals complained against, and all those whose testimony is required to be heard from the concerned medical staff and witnesses.
The committee has the right to perform medical diagnosis and examination or assign this task to a competent authority.
The committee may invite to attend its meetings whomever it deems to seek assistance from without them having the right to vote. A testimony may be delivered before the committee formed by the Authority after taking an oath.

A representative of legally licensed medical professional societies may attend the committee’s meeting. Such a representative shall have the right to submit any observations or written information to the committee.
If the offender does not appear before the committee despite being served with a notice, the report may be issued in his absence, even if it includes imposing a disciplinary action against them.
The committee's decisions and report are issued after the approval and signature of the majority of its members.


Article (45)

The Committee shall have the right, through the Authority, to request data, information and documents it deems necessary to perform its duties, as well as request to provide it with a technical opinion from any governmental or private entity which must cooperate with the Authority and respond to its requests and implement them in accordance with the applicable laws.
The committee shall have the right, through the Authority, to communicate with foreign bodies, agencies, and centers specialized in the medical, health and scientific fields for the purpose of assistance, help or advice.


Article (46)

The president may, by a reasoned decision issued by him, temporarily suspend the license to practice the profession in the governmental and private sectors for a period of thirty days, and he/she may renew the suspension for a similar period or two consecutive periods with a maximum of (ninety days) until a decision is made in the violation attributed to the suspended professional, provided that the violation is gross, dangerous, or repetitive, and that there are serious preliminary evidence indicating its occurrence and commission.
The Authority shall notify the suspended professional, Health Licensing Department, and the healthcare facility where they work of that decision, and whenever it is renewed.
The payment of the suspended professional's salary shall not be stopped during the suspension period.


Article (47)

The Committee may, through the Authority, request the Public Prosecution or the Court to oblige entities and individuals to implement its decisions which it deems necessary to perform its duties.


Article (48)

The committee formed by the Authority shall issue a detailed report on the subject presented to it within a period not exceeding ninety days from the date of its formation, after receiving the mandate or request. The committee may request an extension to issue its report for a similar period or less, provided that the report is sent upon completion by the committee to the Authority confidentially.
The report must include the procedures carries out by the committee, the conclusion it reached, the reasons and evidence on which the conclusion was based, and the response to the requests, observations, and objections received and submitted to it.

Each committee shall estimate the expenses of its work in a report separate from its technical report, and this shall be determined by a decision of the president of the Aurohrity.



Article (49)
The complainants shall have the right during the investigation to review the medical files, reports and evidence presented.
Concerned parties may submit their defenses, observations, and objections to the committee during its consideration of the subject.
The Authority must deliver to the concerned parties a copy of the committee's report immediately upon its issuance, or to notify them of its issuance within a period not exceeding thirty days. The Authority may seek the assistance of government agencies or commercial companies to implement the notification.
Concerned parties may object to the report with the Authority by means of a justified memorandum within fifteen days from the date of receiving the report or being notified of its issuance.

The report shall become final if no objection is submitted against it during the aforementioned period. If any of the concerned parties’ objects to the committee’s report within the specified period, the Authority must re-examine the matter again by assigning another committee to consider the objection. This committee shall be formed in accordance with the conditions and considerations the Authority deems appropriate in a manner that does not contradict the provisions prescribed hereby.
The report issued by the committee after examining the objection shall deal with the response to the raised objections raised, and that report shall be final. The concerned parties shall be notified of it within the period and in the manner prescribed by this law.
The Authority shall keep true copies of all reports issued by its affiliated committees.


Article (50)

All governmental and private healthcare authorities and facilities are obligated to implement the decisions and penalties issued under this law.


Article (51)

The president, deputy, and employees of the Authority, as well as the committee members shall maintain the confidentiality of the information, they have access to or obtain through the performance of their work duties even after completion, abandonment or cessation of the performance of such work.
They may not use this information except in accordance with the law.



Article (52)
It is prohibited to interfere in the work of the Authority or its committees from a technical aspect or to obstructing its work flow.


Article (53)

Committee members shall be granted financial rewards for their work in each committee after the completion of its performance in accordance with the decision of the Council of Ministers thereof.


Article (54)

A special register shall be established to record all complaints data, reports, cases, communications, decisions, and judicial rulings related to errors and liability of healthcare professional, healthcare facilities owners and directors.
All data of the parties to the complaints, minutes, and cases shall be recorded and kept with the Authority so that it may summon them and notify them in implementation of the provisions of this law.


Chapter Six
Health Facilities
Article (55)

It is prohibited to establish, operate or manage any private healthcare facility or open one or more of its branches without obtaining a license from the Health Licensing Department.
Private healthcare facilities shall insure with one of the licensed companies against the risks arising from Buildings, devices, machines and medical equipment, provided that they include patients, accompanying persons, their workers and visitors.



Article (56)

All private healthcare facilities to be licensed, and upon renewal of their license, shall be in a prepared building or place that is, equipped, and prepared in terms of construction, design, and operation, commensurate with the nature, type, and size of the health services provided by the facility, taking into account the provision of pollution prevention, infection and fire control systems, and safe disposal of medical waste. Furthermore, to provide all the necessary requirements for purification, sterilization, hygiene, safety, and a healthy environment in the facility to protect its workers and others from diseases and harms.
It shall also provide guarantees to ensure the facilitation of rescue procedures and the necessary first aid when needed in the facility. A decision shall be issued by the Minister explaining all those conditions, specifications, and requirements that shall be provided in healthcare facilities.


Article (57)

Private healthcare facilities shall fulfill all the conditions based on which the license was granted throughout its validity period. No amendment may be made to them except after obtaining the approval of the Ministry. The Ministry may amend the conditions in accordance with the requirements of the public interest and the licensee shall implement them within the period specified in the decision after taking granting a reasonable and sufficient period of time to implement the new conditions.


Article (58)

The Ministry shall be responsible for classifying all types and categories of private healthcare facilities and determines the required procedures and conditions that shall be fulfilled by the license applicant and the rules regulating the work of each of them in order to achieve its objectives in accordance with the requirements of the public interest.
License to open a private clinic or polyclinic is granted to a Kuwaiti national or more licensed to practice the profession. The physician shall not be allowed to open more than one clinic or polyclinic. Further, it is prohibited to open a branch of this clinic or polyclinic.
License to open a hospital or healthcare center is granted to licensed Kuwaiti practitioner or a legal person. In case of a legal person, the owner or one of the partners shall be a
licensed Kuwaiti practitioner, provided that his/her specialty and professional level are adequate for the nature and type of the facility’s work in accordance with the conditions specified by the Ministry.
Each hospital or healthcare center shall have the right to open one branch for each governorate, provided that at least one Kuwaiti practitioner works in each branch on full or part-time basis. The provisions of this article shall not be applicable to the healthcare facilities owned by governmental agencies or companies in which the state contributes in or performs its activities as per Law No. (116) of 2013 regarding Encouraging Direct Investment.
It is prohibited for the licensed practitioner to use his/her license to obtain a license for more than one hospital, or to combine a license for more than one healthcare center of the same type.

Article (59)

The license holder of the private healthcare shall appoint a director who shall be technically responsible. Furthermore, he/she and shall actually supervise the management of its medical functions, in accordance with the following rules:

1- He/she must be a licensed healthcare practitioner.
2- Never found guilty of a crime of dishonesty or breach of trust.
3- That the period of his/her residence in the state is not be less than nine months for every year.
4- He/she shall not be the director of more than one healthcare facility or more than one branch.
5- He/she should have experience in the field of management or the facility’s activity
6- Obtain the Ministry’s prior approval.
The Ministry determines the cases and private healthcare facilities in which it is necessary to appoint a deputy for the director, provided that he/she meets the same conditions as the director, according to the nature, quality and capacity of its medical services, and the Ministry may add other rules.


Article (60)

The administration of each healthcare facility is obligated to create a registry and a database in which all the information related to their patients shall be recorded in a written or electronic file in accordance with the provisions of this law. The administration shall maintain these files and protect them from damage and loss. In the event closing the healthcare facility or changing its activity for any reason, it shall submit the patient’s files or copies of them to the patient personally or their family when requested and maintain proof of the same for a period and location as determined by a decision issued by the Minster. The heirs shall comply with same in the event of the licensee's death.


Article (61)

The private healthcare facility shall place its licenses in a visible and visible place. It shall keep Healthcare professionals’ licenses for all its employees and visitors, as well as licenses for the use of medical devices and equipment that the Ministry requires for their possession and operation to obtain a special license and training certificate for workers operating them. It shall also present these licenses and certificates upon the request of by Control, Inspection, and Investigation committees or the competent authorities in the Ministry.
The private health facility shall create a written or electronic record, or both, to save all the data referred to in this Article and the application for the renewal of the granted license shall be requested at least sixty days prior to expiry.


Article (62)

The license holder of the private healthcare facility shall not be changed nor can the license be transferred to third parties for any reason except after obtaining prior approval of the Ministry. If the natural person dies, the heirs or one of them shall notify the Ministry of this within ninety days from the date of death of their inheritor. The Ministry may transfer the license provided that the heirs or their legal representatives submit an application expressing the desire to transfer it within the period specified in this article and after verifying the availability of the required terms to transfer the license in accordance with the law.

Article (63)

The license of the healthcare facility shall be revoked in the following cases:

1- If the licensee requests its revocation.
2- If the facility stops working without an acceptable excuse for a period exceeding six months.
3- If a final court ruling is issued to close down, remove, or revoke its license.
4- If it is proven that the license of the healthcare facility’s owner of the license of its director is rented or subcontracted or invested by third parties in any form.
5- In it is proven that the license has been obtained through fraud or deception.
6-If it proven that the facility is operated for purposes other than the purpose for which the license was granted.
7- If the facility is translocated from its place to another place or was rebuilt without obtaining a license for that.


Article (64)

The Ministry has the right to monitor and inspect all healthcare facilities at any time.
The Minister may delegate or assign a committee(s) of whom he/she deems appropriate among the employees working for the Ministry who are not licensed to practice the profession in the private sector, to conduct inspection, examination, audit and follow-up on healthcare facilities including all of its facilities.
They shall have the right to enter and inspect and examine the facility, request data and information, access its health records, examine and take samples for the purpose of analysis and audit, in order to prepare reports of observations and violations and to file records of crimes. In order to perform their duties, they may seek the assistance of the police force. The employees delegated or assigned by the Minister shall have the judicial enforcement status in accordance with the provisions of this law and other relevant laws. In addition, the reports and minutes issued by the committee(s) shall be submitted to the Ministry to take the necessary legal procedures in their regard.


Article (65)

The patient must leave the healthcare facility after receiving the necessary medical care and services for his/her condition, and as soon as he/she is authorized to leave by the attending physician or his supervisor.

The director of the healthcare facility may discharge the patient from it by a decision issued by him/her based on a proven report stating that the patient has received the necessary medical treatment and his health condition has stabile. Three specialized physicians shall approve the patient’s discharge, provided they are among the supervisors, officials, or those familiar with the patient’s condition and treatment, and that their signatures are affixed in the report. The decision shall take effect two days after its issuance and notification to the patient or his legal representative.
In all cases, patients who are unable to take care of themselves shall not be discharged unless it is proven that the necessary health care has been provided for them after their discharge from the healthcare facility. The facility’s management shall verify this, and it may Seeking assistance from other government agencies in this, it may seek the assistance of other governmental agencies in this regard.
The foregoing does not prevent transferring the patient to another healthcare facility or taking other procedures or measures.


Article (66)

In the event of the death of a person in a healthcare facility, or if a deceased person arrives at it, the physician and all members of the medical team assigned to the case, as well as those in charge of managing the healthcare facility shall have the duty to ascertain death and its causes. After confirming death, the family and relatives of the deceased shall be notified in an appropriate and suitable manner.

If signs or circumstances are found that trigger suspicion that the death was due to a criminal act, the competent investigation authority shall be notified, taking into account compliance with the aforementioned procedures and conditions stipulated in Law No. (36) of 1969 regarding Regulation the Registration of Births and Deaths.
The diagnosis of death is carried out according to the criteria and after following the medical procedures that are determined by a decision of the Undersecretary.


Article (67)

The healthcare facility owner and director shall comply with the following:
1- Organizing medical services, healthcare, and providing them to all patients without any discrimination, taking into account the priority of some groups of patients whose health condition necessitates such in accordance with established medical principles and standards in such cases and circumstances. This includes giving priority to the elderly to receive treatment, preventive and counseling services in the centers and healthcare facilities, and hospitals, and allocating places and parking for them in accordance with Law No. (18) of 2016 regarding Social Care for the Elderly.
2- Providing the necessary support and assistance to the medical staff and patients and facilitating procedures for patients and their families while safeguarding their rights and taking into account their awareness and guidance.
3- Taking the necessary arrangements to provide services and take into account people with disabilities as determined in accordance with Law No. (8) of 2010 AD regarding the Rights of Persons with Disabilities
4- Notifying physicians, patients and others who have interest in the matter of the instructions, decisions or Ministerial regulations issued, while maintaining copies of them with the administration of the healthcare facility.
5- Maintaining all health data and records stipulated in the laws and decisions issued by the Ministry.
6- Equipping the healthcare facility with the supplies, tools and equipment specified by the Ministry in addition to medicines and the quantity permitted.


Article (68)

The healthcare facility owner and director are prohibited from the following:
1- Employing any physician, nurse, or other practitioners of allied health professions before obtaining a license to do so from the competent authority in the Ministry
2- Preventing healthcare practitioners working at the facility from providing the necessary care for the patient or injured person who arrives to it in case of general disasters and emergency situations.
3- Accommodating or sheltering patients, or performing any surgery in healthcare facilities not allowed to do so by the Ministry.


Chapter Seven
Penalties
Article (69)

Without prejudice to any harsher penalty stipulated in another law, whoever commits one of the following acts shall be punished with imprisonment for a period not exceeding five years and a fine not exceeding ten thousand Kuwaiti dinars, or with one of these two penalties:

1- Practicing a profession medicine, dentistry, or one of the allied health professions without obtaining a license to do so, or under a license that has been revoked, withdrawn, refused to renew, or that more than one hundred and twenty days have passed since its expiry, to be calculated from the day following the expiration date.
2- Establishment, operation, or management of a private healthcare facility without obtaining a license permitting this, or under a license that has been revoked or withdrawn.
3- Provided incorrect data or resorted to illegal methods when applying for or renewing a license, which resulted in granting him/her a license
to practice medicine, dentistry, or one of the allied health professions.
4- Uses brochures, banners, billboards, or any other means of publication, advertisement, or any other means of social media that would delude or lead the public to believe that they are entitled to practice the profession of medicine, dentistry, or one of the allied health professions, contrary to the truth or what is established in the license granted to him/her.
5- Impersonates characteristics or titles given to practitioners of the profession of medicine, dentistry, or one of the allied health professions.
6- Anyone who intentionally conceals or destroys the patient's medical file or any part of its contents.


Article (70)

Without prejudice to any harsher penalty stipulated in another law, whoever discloses or publishes, by any means or method, patients’ confidential information, whether it was known, discovered, or revealed by them through or because of their work, or because the patient entrusted it to them, or heard about it from others, except in cases in which the law permitted the disclosure of a secret, shall be imprisoned for a period not exceeding five years and a find not more than ten thousand Kuwaitis Dinars or with one of these two penalties.

A criminal case may not be initiated according to this article except upon a request from the victim, his/her legal representative, or the Undersecretary. If a person who’s confidential information has been disclosed or published dies before disclosure or publication, the request may be submitted by one of his/her heirs or the Undersecretary.


Article (71)

Without prejudice to any harsher penalty stipulated in another law, whoever physically assaults a healthcare practitioner while performing his/her job shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding ten thousand Kuwaiti dinars, or by one of these two penalties.



Article (72)

Without prejudice to any harsher penalty stipulated in another law, whoever insults, libels, slanders, defames, or abuses any healthcare practitioner while performing their job or because of it shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding three thousand Kuwaiti Dinars, or either of these two penalties. This is subject to the provisions mentioned in Articles (213), (214), (215) and (216) of the Penal Code.

Article (73)

Without prejudice to any harsher penalty stipulated in another law, whoever commits one of the following acts shall be punished with imprisonment for a period not exceeding three years and a fine not exceeding three thousand Kuwaiti dinars, or one of these two penalties:
1- Establishes, operates, or manages a private healthcare facility under a license whose validity period has expired or whose renewal application has been rejected
2- Violates the provisions of Articles (15), (16), (20) and (22) of this law.


Article (74)

In all cases, the Minister or whomever he/she authorizes may close the place in which the violating activity occurs in a temporary administrative closure pending a decision on the criminal case or the professional violation.
The court may order the closure of the place and the removal or removal of the violating activity or its suspension with the confiscation of the materials, machines, devices and equipment used in the practice of any work prohibited by law.


Article (75)

Whoever is licensed to practice the profession upon proven committed violation of the provisions of this law, regulations, or decisions issued in implementation thereof shall be penalized with the following disciplinary penalties:
1- Notice
2- Warning.
3- Imposing financial penalties according to the severity of the violation, not exceeding one thousand dinars and not less than one hundred dinars.
4- Temporary suspension the license to practice the profession for a period not exceeding one year.
5- Cancellation or withdrawal of the license to practice the profession.
The healthcare facility owner, director, or any manager within it, when proven to have committed a violation of this law, regulations, or decisions issued in implementation thereof, shall be penalized by any of following disciplinary penalties:
1- Notice
2- Warning
3- Imposing financial penalties according to the seriousness of the violation, not exceeding five thousand dinars and not less than five hundred dinars.
4- Complete or partial temporary administrative closure for a period not exceeding one year.
5- Final administrative closure and cancellation or withdrawal of the facility’s license.
In all cases mentioned in this article except for the closure and cancellation of the license, violating healthcare practitioners, holders of licenses of the healthcare facility or its directors shall refrain from the violating activity or remove it according to the nature of the violation within a period not exceeding three months. The healthcare facility shall be re-opened or re-licensed until after the conclusion of the closure period and the removal of its cause at their expense immediately upon notification of the violation by the competent authority in the Ministry.


Article (76)

A person against whom a decision is issued to permanently close a healthcare facility or revoke his/her license to practice the healthcare profession, pursuant to the previous article, may not submit an new license application to practice the profession or open a healthcare facility except after the lapse of at least one year from the date of implementation of the closure decision or revocation of the license.


Chapter Eight
General Provisions
Article (77)

The Public Prosecution shall investigate, act and prosecute all crimes stipulated in this law, as well as crimes committed by or against the physician and stipulated in other laws, except for crimes stipulated in the Traffic Law and other crimes that may be associated with it.


Article (78)

The imposition of any of the disciplinary penalties stipulated in this law shall not prejudice the criminal or civil liability that may arise from the same incident subject of the violation.


Article (79)

Healthcare Practitioners shall be summoned for investigations and trials of complaints, lawsuits, and cases related to medical errors or professional violations related to the practice of their work and which are attributed to them through the Authority for Medical Liability.
Healthcare practitioners shall not be arrested while carrying out their work or while they are in the healthcare facility except by a written decision issued by the Public Prosecution or the court, and the violation of this shall result in the nullity of the arrest and the case excluding witnessed crime.


Article (80)

The Minister transfers the authorized to exercise all the powers prescribed for the Civil Service Council and the Civil Service Bureau stipulated in laws, regulations, and decisions, in relation to healthcare practitioners.


Article (81)

The Minister may set a schedule of the highest or lowest ceiling, or both, for the fee that the licensees are allowed to charge as a result of the services they provide in the exercise of the professions stipulated in this law.
Such fees are determined in any way that the Ministry deems appropriate in accordance with the requirements of public interest, after seeking the opinion and recommendations of the relevant governmental and private agencies.


Article (82)

All fees, fines, and financial penalties prescribed under this law shall be deposited to the account of the public treasury. In all cases, fees shall be paid in advance and are not refundable, regardless of the request for which they are due.


Article (83)

The Ministry shall be responsible for auditing, accrediting, equivalencing, classifying and describing academic, professional and technical certificates issued in the medical and health fields, in cooperation and coordination with the relevant government agencies.


Article (84)

All lawsuits resulting from violating the provisions of this law shall be dropped after three years from the date of the medical work or the violating procedure.
The crimes and penalties stipulated in this law shall be subject to the general rules established regarding the dismissal of the lawsuit and the penal punishment in the Penal Code and its amendments.


Article (85)

As of the effective date of this law, the following laws shall be annulled:
1- Law No. (25) of 1981 Regarding the Practicing the Profession of Medicine, Dentistry and Allied Health Professions, and its amendments wherever provided for in other laws.
2- Law No. (49) For the year 1960 regarding Medical Institutions
3- Law No. (38) for the year 2002 regarding Regulating the Advertisement of Health-Related Materials.
Any provision of any other law that may contradict the provisions of this law shall also be annulled without prejudice to any harsher penalty in any other law.




Article (86)

The Minister shall issue the executive regulations and the decisions necessary to implement the provisions of this law after consultation with the relevant professional public benefit societies within one year from the date of its publication in the Official Gazette.
The applicable decisions shall continue to be enforced in a manner that does not conflict with the provisions of this law until they are amended or annulled.
All licenses granted and issued prior to the publication of this Law shall remain valid until their expiration date, unless revoked for other reasons.


Article (87)

This law shall come into effect as of the date of its publication in the Official Gazette, and the Prime Minister and Ministers, each within his jurisdiction, shall implement its provisions.


The Emir of Kuwait,
Nawaf Al-Ahmad Al-Jaber Al-Sabah
Issued at Seif Palace on: 2 Rabie Al-Awwal 1442 AH
corresponding to: October 19, 2020 AD