Law of Practicing Healthcare Professions in Saudi Arabia

The Law of Practicing Healthcare Professions in the Kingdom of Saudi Arabia is a set of legal rules governing the work of healthcare practitioners in the Kingdom. It outlines their duties toward patients, collegial obligations, and professional responsibility. The law was issued in 2005.

The Law defined the health practitioner as any person licensed to practice the health professions including the following categories: physicians, dentists, pharmacists, health technicians in radiology, nursing, anesthesiology, laboratory, pharmacy, optics, epidemiology, artificial limbs, physiotherapy, dental care, and prosthodontics, computed tomography (CT), nuclear medicine, laser devices and operations, and psychiatrists, social workers, dietitians and specialists of public health, gynecology, first aid, speech and hearing therapy, vocational rehabilitation, occupational therapy, medical physics.

The Law of Practicing Healthcare Professions sets the following conditions to practice a health profession: Obtain the qualification required for the profession from any medical college, college of pharmacy, college of applied medical sciences, health college or health institute, or any other qualifications required for practicing health professions that are recognized by the Saudi Commission for Health Specialties or obtain a certificate from abroad that is recognized by the commission. A practitioner must complete the mandatory internship required for the profession and should be medically fit, and register in the commission according to the prescribed requirements. He should not be previously convicted of a crime against honor or honesty unless he was rehabilitated. Additionally, employment in government authorities on health professions jobs is considered a license for practicing the profession provided that registration in the commission must be fulfilled. The law also prohibits the practice of any healthcare profession without first obtaining a license from the Ministry of Health.

The Law of Practicing Healthcare Professions specifies the duration of the license for practicing healthcare professions. Any practitioner who has been suspended from practicing the profession for two consecutive years– for purposes other than studying or training in the profession– may resume practice only after renewal of the relevant license. Additionally, the license to practice the profession may be restricted to Saudi practitioners for any of the health professions mentioned in this law by a decision from the Minister of Health.

According to the law, a health practitioner is strictly forbidden from advertising or promoting himself directly or by mediation, or from indicating on signs, cards, prescriptions, or advertisements, academic titles or specialties he has not obtained in accordance with relevant rules.

A health practitioner is prohibited from requesting, accepting, or taking a commission or reward, and also he is strictly forbidden to receive any benefit in return for promoting or strictly prescribing certain medications, or equipment or directing patients to a particular pharmacy, hospital, laboratory, or the like. Additionally, a health practitioner is prohibited from employing unlicensed healthcare professionals or provide assistance to any person illegally practicing a healthcare profession. He is also prohibited from retaining drugs and vaccinations in the workplace contrary to instructions issued by the Ministry of Health, except for pharmaceutical facilities, or selling drugs to patients, except in pharmaceutical facilities, or selling medication samples under any circumstances. The law also prohibits facilitating a patient’s access to any undue or unlawful privilege or benefit, whether material or otherwise, accommodating patients in places other than those designated for this purpose, except in emergencies, and using diagnosis or treatment equipment prohibited in the Kingdom.

A pharmacist is prohibited from being a responsible manager of more than one pharmaceutical facility or prescribing any drugs without a medical prescription issued by a physician licensed to practice in the Kingdom, excluding thereof medications specified by the Ministry of Health. A pharmacist is also prohibited from dispensing drugs contravening those stated in the prescription without the approval of the issuing physician. However, he may, under the approval of the patient, dispense generically equivalent drugs without consulting the physician. He is also prohibited from repeating prescriptions unless so stated therein, and dispensing medication if he suspects an error in the prescription; in which case, he may seek clarification from the prescribing physician.

The Law of Practicing Healthcare Professions specifies that any health practitioner who commits malpractice causing harm to a patient is liable for indemnification. The following are deemed medical malpractice: In treatment or providing follow-up, lack of knowledge and skills that can be expected in others in the profession, performing experimental and un-presented surgery on a person, in violation of relevant rules, conducting experiments or scientifically non-accredited research on patients, and administering medications to patients on an experimental basis. Medical malpractice also includes using medical instruments or equipment without adequate knowledge of their use, or failing to take appropriate preclusions to prevent damage arising from such use, lack of providing adequate monitoring or supervision. Absence of consulting anyone the consultation of which is necessitated by the condition of a patient.

According to the law, anyone who practices a health profession without a license, provides misleading statements, or uses unlawful methods pertaining thereon his obtaining a license to practice a health profession is sentenced to imprisonment of no more than six months and a fine not exceeding SAR100,000, or either punishment. The same applies to those who utilize means of advertising that would lead the public to believe in their eligibility to practice a health profession, contrary to fact, or unlawfully claim a title usually associated with health practitioners, or possess tools or equipment usually used in the practice of health professions without having a license to practice such professions or a legitimate reason for such possession or abstain from treating a patient without an acceptable reason, or trade in human organs or performing human organ transplant knowing that the organ in question has been obtained by means of trade.

Disciplinary penalties that may be imposed in cases of professional violations include a warning, a fine not exceeding SAR10,000, health profession license practicing cancellation, strike him off the roll of licensees. In case of license cancellation, reapplication for a new license may not be filed before the lapse of two years from the date of cancellation.

The Law of Practicing Healthcare Professions grants the Minister of Health the authority to temporarily suspend a health practitioner from practicing for a period he deems appropriate, should there be evidence or presumptions indicating a violation punishable, if proven, by license revocation. If there is a probability that such suspension will adversely affect relevant patients, the minister may take appropriate measures to ensure that said patients will continue to receive necessary healthcare. A health practitioner may appeal the suspension decision before the Board of Grievances within thirty days from the date of notification thereof.

The Law of Practicing Healthcare Professions stipulates that the subscription to cooperative insurance against medical malpractice is mandatory for all physicians and dentists of public and private health institutions. These facilities and institutions guarantee payment of compensations rendered by final judgments against their staff in case of lack or insufficiency of insurance coverage, and they have the right of recourse against those found liable, for reimbursement. Said mandatory cooperative insurance may include other categories of health practitioners pursuant to a resolution by the Council of Ministers upon a proposal by the Minister of Health.