Law on the Practice of Medicine and Allied Health Professions
State of Kuwait · 85 stored articles
Article index
Search statutory textsArticles 1 – 5049
- Article 1In applying the provisions of this Law, the following words and expressions shall have the meaning indicated opposite each of them: - Ministry: Ministry of Health. -…
- Article 2Any person who undertakes, personally, through another person or by any other means, any of the following acts shall be considered to practise medicine: 1 - Giving…
- Article 3The following professions shall be considered professions allied to medicine: 1 - Nursing and auxiliary nursing services. 2 - Oral health and dental laboratories. 3 -…
- Article 4Any person may practise the profession except after obtaining a licence therefor in accordance with the provisions of this Law. The licence to practise the profession…
- Article 5Applications relating to the issuance of licences shall be submitted to the Health Licensing Department. The Department shall determine the application by a reasoned…
- Article 6To obtain a license to practice the profession in the private sector, the applicant for the license must be insured against the risks and errors of practicing the…
- Article 7The Health Licensing Department may grant temporary and special licences to visiting practitioners at the Ministry, other government entities or a private health…
- Article 8The Ministry shall provide the requirements necessary for training practitioners of the profession, students of medical colleges and students of colleges of allied…
- Article 9The practitioner shall comply with the following: 1. To perform the duties of his work in accordance with the scientific and technical principles recognized in the field…
- Article 10The physician must obtain the patient’s informed consent and inform him with complete honesty and truthfulness of the following: 1 - His entire medical condition, its…
- Article 11Informed consent shall be given by: 1- The patient himself if married or having attained eighteen years of age, whether male or female, or by his legal representative.…
- Article 12The physician must verify the patient's mental capacity before obtaining from the patient informed consent or advance directives concerning decisions relating to the…
- Article 13A practitioner is prohibited from disclosing a secret concerning a patient, whether that secret came to his knowledge or he discovered it through practising his…
- Article 14A physician may not refrain from treating or assisting any sick or injured person and providing such care as that person may need, unless that person's condition falls…
- Article 15A practitioner is prohibited from advertising the prices of the services he provides, or any product, treatment or medical device, by any means of publication or…
- Article 16Everyone is prohibited from advertising, by any means or method, medicines, preparations, mixtures, formulations, stimulants, special foods, devices, machines, equipment…
- Article 17A physician is prohibited from performing an abortion on any pregnant woman except in the following exceptional circumstances: 1 - If the abortion is necessary to save…
- Article 18Practitioners of the profession are prohibited from ending a patient’s life, whatever his state of health and whatever the reason, even if the patient himself requests…
- Article 19All operations, surgeries and medical interventions that would lead to changing a person's sex are prohibited. However, they may be performed for the purpose of…
- Article 20A physician is prohibited from performing a medical, surgical or therapeutic procedure on any person if it would lead to inability to procreate aquatically, unless this…
- Article 21A physician may carry out all types of imaging required by the practice of medicine for the purpose of diagnosing or treating a patient or monitoring the patient's…
- Article 22The physician must write the prescriptions, reports, and medical certificates that fall within his competence or that he is assigned to prepare clearly and accurately…
- Article 23All surgical operations or medical interventions shall, according to type, specialty and condition, be subject to the conditions, controls and standards determined by…
- Article 24Medical services and health care may be provided at home and remotely, and use may be made of applications of artificial intelligence, advanced technologies, modern…
- Article 26The patient has the right to receive medical services and comprehensive health care in accordance with medical principles and developments therein, including prevention,…
- Article 27The patient has the right to be informed, with complete honesty and accuracy, of everything relating to his health condition in accordance with Article (10) of this Law.…
- Article 28Every patient shall have an individual file at the health facility that provided treatment, consultation, service or healthcare, in which all information and data…
- Article 29Upon admission to the health facility, the patient has the right to express advance directives concerning decisions relating to his health condition, after verification…
- Article 30The patient has the right to refuse informed consent or advance directives, or to withdraw them at any time without needing to state a reason. The medical team and the…
- Article 31The patient’s legal representative shall be provided with all medical information, and the minor may be provided with all or some of the information according to his age…
- Article 32Conducting any research, experiments, or scientific or practical applications in the medical field on the human body is prohibited except after obtaining prior, express…
- Article 33The patient or his legal representative has the right to 1 - Obtain information relating to the medical services provided by the health facility concerned, the…
- Article 34A physician shall not be liable for the patient's outcome so long as the physician has exercised the necessary care and resorted to all available means, which a person…
- Article 35The Ministry and other government entities providing health services shall implement final and conclusive judgments issued against practitioners employed by them for…
- Article 36An agency called (the Medical Liability Agency shall be established and shall have legal personality and an attached budget. The Agency shall be headed by a full-time…
- Article 37The Medical Liability Agency shall have exclusive competence, through the committees it forms, to provide technical opinions on all matters presented to it through…
- Article 38The Deputy Head of the Agency shall exercise all powers prescribed by this Law in the absence of the Head or when delegated by him by a decision or assigned by him to do…
- Article 39The head of the Agency shall form a committee or committees to consider the matters referred to them by the aforementioned entities, provided that their members possess…
- Article 40The Agency may seek the assistance of any medical, professional or scientific entity to provide it with, or propose, the names of physicians, experts or specialists to…
- Article 41No member of the committee formed by the Authority may participate in deliberations, or Index of the Law 767 Home Page Law on the Practice of Medicine and Allied…
- Article 42Members of a committee constituted by the head of the Agency or his deputy may not be changed while it is conducting its work except in circumstances requiring this,…
- Article 43The head of the Agency or his deputy shall verify that there is no conflict of interests between candidates for membership of the committee and the matter submitted to…
- Article 44The meetings of the committee formed by the Agency shall be recorded in special printed minutes prepared for that purpose, which shall be signed after each session by…
- Article 45The Committee the right, through the Agency - to request the data, information and documents it considers necessary for the performance of its duties, as well as to…
- Article 46The head of the Agency may, by a reasoned decision issued by him, temporarily suspend the license to practice the profession in the government and private sectors for…
- Article 47The Committee may, through the Agency, request the Public Prosecution or the court to compel entities and individuals to implement its decisions which it considers…
- Article 48The committee formed by the Agency shall issue a detailed report on the matter presented to it within a period not exceeding ninety days from the date of its formation,…
- Article 49During the investigation, the persons complained against may inspect the medical files, reports and evidence presented. The persons concerned may submit their defences,…
- Article 50All governmental and private health entities and establishments shall implement the decisions and penalties issued pursuant to this Law.
Articles 51 – 10036
- Article 51The head of the Agency, his deputy, its employees, and the members of its affiliated committees must maintain the confidentiality of information they obtain or access…
- Article 52Interference in the technical aspects of the work of the Agency or its affiliated committees, or obstruction of the progress of their work, is prohibited.
- Article 53Committee members shall be granted financial remuneration for their work on each committee after completing its performance, in accordance with what the Council of…
- Article 54A special register shall be established to record all particulars of complaints, records, cases, reports, decisions and judicial judgments relating to the errors and…
- Article 55No private health establishment may be established, operated or managed, nor may one or more branches thereof be opened, Home Page 770 Law Index Law on the Practice of…
- Article 56All private health facilities for which licensing is sought, and upon renewal of their licences, shall be located in a building or place prepared, equipped and fitted…
- Article 57Private health facilities must satisfy all the requirements on the basis of which the licence was granted throughout its validity period, and no modification thereto may…
- Article 58The Ministry shall classify all types and deaths of private health facilities and determine the required procedures, the requirements to be met by the licence applicant,…
- Article 59The holder of a private health facility license must appoint a director who shall be technically responsible for it and shall actually supervise the management of its…
- Article 60The management of every health facility shall establish a register and database in which all information concerning its patients is recorded in a written or electronic…
- Article 61The private health facility must display its licences in a visible and prominent place, and must retain the licences to practise the profession for all its personnel and…
- Article 62The holder of a private healthcare establishment licence may not be changed, nor may the licence be assigned to another for any reason, except after obtaining the…
- Article 63The health establishment’s licence shall be revoked in the following cases: 1 - If the licensee requests its revocation. - If the establishment ceases operation without…
- Article 64The Ministry shall have the right to supervise and inspect all health establishments at any time. The Minister may second or assign a committee or committees composed of…
- Article 65The patient must leave the health facility after receiving the care and medical services necessary for his condition and immediately upon being authorized to leave by…
- Article 66In the event of the death of a person in a health facility, or if the person arrives there deceased, the physician, all members of the medical team directly attending…
- Article 67The owner and director of the health facility shall comply with the following: 1 - Organizing medical services and health care and providing them to all patients without…
- Article 68The owner and director of the health facility are prohibited from the following: 1 - Employing any physician, nurse or other practitioner of allied professions before…
- Article 69Without prejudice to any more severe penalty prescribed by another law, anyone who commits any of the following acts shall be punished by imprisonment for a term not…
- Article 70Without prejudice to any more severe penalty prescribed by another law, anyone who discloses or publishes, by any means or method, any secret pertaining to a patient…
- Article 71Without prejudice to any more severe penalty prescribed by another law, anyone who physically assaults a practitioner of the profession during Law Index 775 Home Page…
- Article 72Without prejudice to any more severe penalty prescribed by another law, anyone who commits verbal abuse, defamation, insult or mistreatment against a practitioner of the…
- Article 73Without prejudice to any more severe penalty prescribed by another law, imprisonment for a term not exceeding three years and a fine not exceeding three thousand Kuwaiti…
- Article 74In all cases, the Minister or whomever he authorizes may temporarily close, by administrative action, the premises in which the activity in violation is carried on,…
- Article 75Any person licensed to practise the profession, upon proof of their violation of the provisions of this Law or the regulations or decisions issued in implementation…
- Article 76A person against whom a decision has been issued permanently closing the health establishment or revoking his licence to practise the profession pursuant to the…
- Article 77The Public Prosecution shall undertake the investigation, disposition and prosecution of all offences provided for in this Law, as well as offences committed by or…
- Article 78The imposition of any of the disciplinary sanctions provided for in this Law shall not prejudice any criminal or civil liability that may arise from the same incident…
- Article 79Practitioners of the profession shall be summoned for investigations and trials in complaints, lawsuits and cases concerning medical errors or professional violations…
- Article 80The Minister transfers the exercise of all powers prescribed for the Civil Service Council and the Civil Service Bureau as stipulated in laws, regulations and decisions,…
- Article 81The Minister may establish a schedule of the upper or lower ceiling, or both, for the financial consideration that licensees are permitted to charge for the services…
- Article 82All fees, fines and financial penalties prescribed under this Law shall be remitted to the account of the Public Treasury. In all cases, fees shall be paid in advance…
- Article 83The Ministry shall be competent to audit, approve, establish the equivalence of, classify and describe academic, professional and technical certificates issued in the…
- Article 84All actions arising from violation of the provisions of this Law shall lapse by some three years from the date of the medical act or violating procedure. The general…
- Article 85As of the date on which this Law enters into force, the following laws shall be repealed: 1 - Decree-Law No. (25) of 1981 concerning the practice of human medicine,…
- Article 86The Minister shall issue the Executive Regulations and the decisions necessary to implement the provisions of this Law, after consultation with the relevant professional…