The State of Kuwait pays great attention to developing its health system and is keen to implement laws and legislation that ensure the provision of high-quality medical services to citizens and residents. Believing in the importance of monitoring private health facilities, the Ministry of Health issues decisive resolutions to close and withdraw the licenses of violating facilities, in order to ensure the safety and health of everyone.
The competent inspection committees and the Medical Liability Authority revealed serious violations in one of the health facilities, which included practicing the nursing profession without a license, and promoting home medical services through social media without the presence of specialized nursing staff.
In the context of the State of Kuwait’s concern for that health system by issuing resolutions to close that violating facility and monitoring everything that is in violation, and within the framework of our societal and oversight role, our office obtained a final ruling convicting one of the health facilities as it was practicing the supporting profession to the medical profession without a license that allows it to do so, which is the nursing profession. By convicting the legal representative of that treatment institution and its employees This is after he promoted that institution affiliated with him through social media, deceiving everyone that he had cadres and supporting professions (the nursing profession) to do everything necessary for medical services at home without the patient moving to that treatment institution that was to be established.
In light of this trick, the license holder claimed that he met all the conditions for practicing the nursing profession after equipping the institution with some medical equipment and medical staff, which led to the worsening of the health condition of our client for the existence of some non-specialists who were practicing the profession with him.
- Since we are concerned with revealing the apparent meaning of the Lawsuit and its hidden meaning, and since we have the ability to provide evidence before the judiciary through the methods specified by the law of the existence of that legal fact, we filed an official complaint.
The ruling of the first Court was to punish the Defendants with imprisonment and a fine for the accusations against them, while preserving all of our client’s civil rights due to the material and moral damage he suffered. This was confirmed by upholding the same ruling before the relevant Court of Appeal, so that the ruling became a statement of the truth. In confirmation of what was stipulated in Article (24) of Law No. 70/2020 issued on 25/10/2020 regarding the practice of the medical profession and its supporting professions and the rights of patients and the health facility, which stipulates that it is permissible to provide medical services and home health care remotely and to benefit from the uses of artificial intelligence, advanced technologies, modern communications, digital means and electronic media within the framework of the necessary requirements and controls for this with the necessity of closing clinics and shops in which violators carry out their work, and confiscating the equipment, machines, signs, etc., this ruling constitutes a victory for the health system in Kuwait, and a strong message to violators, and stresses the importance of adhering to laws and requirements to preserve the health and safety of society. It also constitutes a deterrent to any attempts to tamper with the health of citizens and residents and enhances their confidence in the State’s health system.
In the end, Al-Arbash International Center for Law and Legal Consultations wishes all segments of Kuwaiti society sufficient security, safety, and physical health in light of an integrated medical system subject to all regulatory channels.
• References:-
• Law No. (70) of 2020 regarding the practice of the medical profession and its supporting professions and the rights of patients and health facilities*
