Chief-in-Editor  Prof. Badria A. Al-Awadi

Within the collective efforts to develop laws and legislation, carried out by the various state agencies (government, parliament and judiciary) and the relevant professional and legal institutions, Law No. 70 of 2020 was issued in the Kuwaiti Official Gazette (Kuwait Al-Yawm) on October 25, 2020 regarding the regulation of the practice of the medical profession, the auxiliary occupations, the rights Patients and health facilities, after being approved by the Kuwaiti National Assembly by an overwhelming majority in the session of October 8, 2020.
The passage and publication of this law coincided with the challenges of the Corona virus pandemic, which cast its shadow over all social fields and sectors, especially health sectors, and presented gaps and deficiencies in a number of organizational, professional and legal aspects. This has necessitated its inclusion on the agenda of the last session of the fifteenth legislative term. The majority of parliament members in addition to the ministers understood and responded to this issue, considering it a project that should be adopted by the government. This law also emerged at a stage in which Kuwait witnessed a remarkable rise in the establishment of private health projects, whether integrated hospitals or specialized clinics. This required the approval of comprehensive legislation that regulates and encourages this development, and at the same time protects the lives of patients and preserves the interests of various parties.
According to doctors and professionals in the health sectors and legal professionals, this law was a result of the initiative of those directly involved, namely doctors and workers in the medical professions, through the work and coordination of the Medical Association and the specialized associations. These associations prepared the draft law and discussed it with the concerned and responsible official authorities before submitting it to the government. The draft was subject to study and amendments by the relevant government committees before submitting it as a government bill to the National Assembly. The National Assembly’s Health Committee summoned the assembly that represents Kuwaiti doctors and workers in other auxiliary occupations, along with representatives of the Ministry of Health.
The active participation of those concerned with this law was not limited to the previous stages, as this law obligated the Ministry of Health to cooperate and coordinate with them during the issuance of the executive regulations and ministerial decisions issued in implementation of the law. The objective was to strengthen collective action in this fundamental sector. It also provides a different and positive model in the enactment and implementation of laws without compromising the powers and authorities of the state represented by the executive and legislative authorities.
There is no doubt that this method of establishing laws is one of the most objective and effective methods, because it depends on the participation of concerned and professional parties at all stages. Therefore, we call on the Kuwaiti legislator and other legislators to adopt this method in developing and reviewing laws and legislations in order to ensure greater success.
This new law is considered a unified frame of reference to regulate the practice of the medical profession and its auxiliary occupations, the issue of medical liability and insurance for doctors, the rights of patients and the system of work of health facilities, since these issues were regulated by different laws and legislation which have been issued at different times without coordination: Decree Law No. 25 of 1981 regarding the practice of the medical profession, dentistry and auxiliary occupations, and its amendments wherever it is applied in other laws, Law No. 49 of 1960 in the matter of curative institutions, and Law No. 38 of 2002 organizing the announcement of articles related to health matters.
It is noteworthy that the new law adopted the direct shortened legislative methodology, as it was stated in 87 articles divided into 8 chapters. It was entrusted to the Executive Committee and ministerial decisions to provide details and clarifications. It is noted that the law, in Article (8), has obligated the Ministry of Health to provide all the necessary requirements for training practitioners, students of medical colleges and students of colleges of assisting professions. It has also authorized the Minister to issue decisions and controls for education and training in governmental and private establishments, with the aim of raising the technical level of practitioners of the profession. The law also devoted its third chapter and 16 articles to regulating the ethics and morals of the profession, in order to emphasize its importance for the legislator and the society.