Article 11 of Law on the Practice of Medicine and Allied Health Professions

Informed 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. If his condition does not permit him to do so, informed consent may be given by the father or mother, his spouse, his relatives who have attained the age of majority up to the second degree, whether male or female, or his legal representative. 2- The father or mother if the patient has not attained eighteen years of age, whether male or female, or his relatives who have attained the age of majority up to the second degree, whether male or female, or Law Index 757 Home Page Law on the Practice of Medicine and Allied Professions Law No. 70 of 2020 Concerning the Practice of Medicine and Professions Professions Allied Thereto, Patients' Rights and Health Establishments his legal representative. 3- The patient himself if he has attained fifteen full years of age, whether male or female, with respect to receiving medical services and primary health care, excluding cases requiring an overnight stay exceeding 24 hours in the health establishment. 4- The patient himself if he has attained twenty-one years of age with respect to cosmetic surgeries and interventions. If he has not attained twenty-one years of age, consent shall be given by both the father and mother together, or whichever of them is then alive, or the legal representative. 5- The person himself if he has attained twenty-one years of age with respect to organ transplantation. A person who has attained 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 Labour with respect to those under its care or those sheltered or placed with it. 7- The foster carer if the patient has not attained eighteen years of age, whether male or female, and is fostered pursuant to the provisions of Law No. (80) of 2015 concerning family foster care. 8- The psychiatric and mental patient who is incapable of making decisions relating to his health: in this case, the provisions prescribed in Law No. (14) of the year 2019 concerning mental health shall be observed. Informed consent must be given for every new medical act that was not planned. The Ministry shall prepare the form for informed consent, and a decision shall be issued by the Ministry specifying medical services and primary health care. If the father, mother, legal representative of the minor, foster carer or relative refuses to consent to the medical procedure, and the patient's health and physical safety will thereby be endangered, the responsible physician shall refer the matter to the director of the health establishment or his deputy, in order to form a committee of three specialist physicians, whose chair shall be at consultant level, to undertake the provision of necessary care to the patient and take such measures as it deems necessary. If the consent of the patient or his legal representative cannot be obtained in a timely manner in cases of accidents, emergencies or critical conditions requiring immediate or necessary medical intervention to save the patient's life or one of his organs, or to avert serious harm or danger resulting from delaying medical intervention, the physician must perform the medical act without obtaining that consent. The patient's legal representative may authorize a person to assume responsibility for full health care, including giving informed consent on behalf of a patient who has not attained eighteen years of age, whether male or female, on a temporary basis, provided that he is related to the father or mother up to the second degree, and that this is done under an official power of attorney authenticated by the competent authorities in the State. In all cases, if consent cannot be obtained in accordance with the provisions of this Law, the physician attending the case shall refer the matter to the director of the establishment to take the appropriate decision, with due regard to the patient's interests.