Terms and conditions of licence to practise medical profession Thursday, 11 November 2010 03:18

The Law No 2/1983, concerning the practice of profession of Medicine, dental medicine and surgery states that: “The applicant who wants to practise medicine must obtain a bachelor’s degree in medicine, surgery or dental medicine and surgery or the equivalent of whichever from a university recognised by the ministry.

The applicant should have spent the training year (internship) or its equivalent after obtaining that degree.

To put this into practice and an examination and audit of each license application before issuance, the Law stated that a specialised committee should be established to consider applications for practicing the profession of medicine and dental surgery. The said committee shall have the right to take all necessary measures to verify the qualifications of the applicant and the adequacy, including the conduct of examination in the manner it deems appropriate.

The competent authority shall publish the names of licensed doctors periodically in the Official Gazette and publish annually the amendments of the table.

It is not permissible to combine the medical profession and any other profession, including business, pharmacies, pharmaceutical agencies, medical devices or mediation. The physician may not do advertising or publicity for any company.

Private Clinics and Work Conditions

Educational qualification is not only the condition required by the Law to work in a private clinic, but also requires the doctor to have work experience to qualify them to work as private clinic doctor according to this provision: “It is not permissible for a licensed doctor to practice the profession, working in a private clinic, but if they had been engaged in the profession for at least five years, for human medicine, and at least three years for dental medicine and surgery, in hospital or treatment, governmental or private organisation, within or outside the country.

Private medical clinic shall meet the conditions and specifications set by the competent authority and be equipped with tools and devices, which the authority deems necessary to provide diagnostic and treatment methods.

Doctor is prohibited to use the clinic for the purposes other than medical treatment and they are banned from making any amendment prior to obtaining permission in writing from the competent authority.

Article 21 of Law No. 2/1983, concerning the practice of profession of Medicine and dental medicine and surgery states that: “Without prejudice to any greater penalty prescribed by another law, imprisonment for maximum three years and a fine up ten thousand riyals, or either of them, shall be the penalty of:

1. Each person who practices medicine without a licence.

2. Each person submitted incorrect data or resorted to illegal means resulting in granting a license to practise medicine without any right.

3. Each person not licensed to practice medicine who uses pamphlets, banners, boards or any other means of advertising or publication to carry the public to believe that he/she has a right to engage in the medical profession. Each person arrogates to himself the title or a doctor’s prescription or other things that usually called by the persons authorised to practice the profession of medicine.

4. Each person not licensed to practice medicine, who has been found having a number of machines, usually used by doctors in their clinics, unless it is proved that their presence was due to a project other than practicing medicine.

In case of repetition, the court shall issue its judgment in both penalties. In all cases, it is decided to close the place in which violation occurred and the confiscation of the tools and machinery as well as banners and signs.

Therefore, the Law states that: “No one may give medical advice, treat patients, execute surgery, take sample from the body of a patient for an examination of medical diagnosis, detect the mouth of the patient, proceed any treatment, or prescribe any devices such as glasses, headphones, artificial limbs or installation of the teeth and in general the practice of the profession of medicine or dental medicine and surgery in any capacity, whether in the governmental, public or private sector, unless they are licensed for that by the competent authority.”

This ban is to protect society from those who exploit the need of people who allege science and knowledge without controls. It also gives the confidence of members of the community of doctors who are committed to regular controls and conditions that govern the practice of medicine.

This is because patient safety is the subject of protection in law, where law is concerned to regulate the medical profession through setting careful controls to protect people’s lives and safety their bodies and organs.