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28 May 2023

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Law No. 11 of 1982 regulating Medical Treatment Institutions

Law Summary Record Type: LawNumber: 11Date: 14/08/1982 Corresponding to 24/10/1402 HijriNumber of Articles: 32Status: In force

Official Gazette :Issue: 7Offcial Journal Issue Publication Date: 01/01/1982 Corresponding to 06/03/1402 HijriPage from: 3436

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1 Article

In the implementation of this law, the following words and expressions shall have the meaning assigned to each, unless the context otherwise requires:

“Minister” means the Minister of Public Health;

“Ministry” means the Ministry of Public Health;

“Competent Authority” means the permanent committee for licenses at the Ministry of Public Health.

Medical treatment institutions shall mean any location established for treatment, nursing, examination of patients; or as a residence or resort for convalescents, whether for consideration or free of charge. An exception herein shall be private clinics, to which patients shall not be admitted.

3 Article

The establishment and operation of a medical treatment institution shall not be permitted without the necessary license issued by the Competent Authority at the Ministry.

4 Article

1. The applicant for a license shall be a Qatari citizen not younger than 21 years. Where the applicant is a company, the Qatari partners therein shall own at least 51 per cent of the capital.

A license for the formation of a medical treatment institution may be granted to authorities, associations or legally accredited organizations for treatment of respective personnel.

5 Article

1. A permanent licensing committee, of which at least two members are doctors, shall be established at the Ministry based on a resolution of the Minster, which shall also determine the committee's functions and work organisation. Such committee shall examine the establishment oroperation of medical treatment institutions and shall be entitled to take all necessary actions to ensure compliance with the provisions herein.

The committee shall give its reasons for the rejection of an application for a license. The applicant shall be notified of the rejection within two weeks by registered letter. The applicant may submit a complaint to the Minister against the rejection not later than two months after receipt of the committee's notification.
Complaints shall be based on solid grounds and accompanied by supporting documentation.
The Minister may issue a resolution either to dismiss the complaint or to order reconsideration of the application by the committee. Following such reconsideration, the committee's decision shall not be final unless approved by the Minster.

6 Article

1. In all cases, the manager of the medical treatment institution shall be a doctor licensed to practice in the state of Qatar.

Where the post of manager is vacant for any reason, the owner of the institution shall inform the Competent Authority by registered letter within two weeks of the post becoming vacant. The owner shall appoint a temporary manager until the appointment of a new manager, which shall occur within sixty days of the date of vacancy. The owner shall notify the Competent Authority of the name of the new manager.
Where the new appointment is not in accordance with the preceding paragraph, the owner shall close the institution. Alternatively, the Competent Authority shall closethe institution until the proper appointment of a new manager.

7 Article

The medical treatment institution shall meet the hygienic and medical conditions and specifications determined by the concerned government authorities. Moreover, such institution shall be provided with all devices, apparatus, tools and equipment deemed by the Competent Authority at the Ministry to be necessary for the proper examination, diagnosis and treatment of patients.

8 Article

An application for a license to operate a treatment institution shall be submitted to the Competent Authority and shall include the following:

For Individuals
Name of applicant
Date of birth
Nationality
Domicile

B. Companies:

Name, trade mark of company and address
Type of company and amount of capital
Names of partners, their respective nationalities, and share of capital
Names of authorized signatories and managers
Term of the company

The application shall be supported by the following documents:

Birth certificate, official extract or its equivalent;
Certificate of nationality or its equivalent;
Good Morals Character Certificate indicating no conviction for an offence involving moral turpitudeor dishonesty.
A map indicating the neighbourhood, land area, name of landlord, detailed description of the location and its components, and the means of ventilation and lighting
Where the applicant is a company, an official copy of the articles of association
A receipt for the deposit of QAR five thousand (5,000)in the treasury of the Ministry of Public Health
Where the applicant is a company, the number of documents described above in (a), (b) and (c) shall match the number of partners.

9 Article

1. The term of a license shall be one year, renewable upon request of the licensee and approval by the Competent Authority.

All licensing conditions shall be fulfilled for the license to be renewed. A renewal fee of QAR two thousand (2,000) shall be paid. A license shall be deemed revoked upon its expiration without renewal.
Where the Competent Authority determines during the validity of the license that deficiencies in or violations to the necessary terms and specifications exist, the manager of the institution shall be notified in writing to rectify the deficiencies and violations within a period of time to be specified.
Where such period expires without rectification, the institution may be permitted another notice period. Failure to take the required action upon expiration of the second notice period shall result in closure of the institution by the Competent Authority.

10 Article

The license shall be issued personally in the name of the licensee and shall not be assigned without the approval of the Competent Authority. The assignee shall meet all initial conditions for licensing, in addition to payment of the prescribed fees in accordance with the provisions of Article 8 herein.

11 Article

In the event of the death of the licensee, the Competent Authority may approve the continuation of the license in favour of interested successors, provided that such successors (a) shall apply for the license within three months of the death of the licensee; and (b)shall appoint an attorney and notify the Competent Authority thereof.

12 Article

The license, subscription forms and patterns shall be maintained at the premises of the institution. Such documents shall be presented to the competent authority upon request.

13 Article

The license of the treatment institution shall be revoked in the following cases:

Upon request of the licensee.
Relocation or reconstruction of the institution.
Cessation of operations for a period exceeding six months.
Carrying out modifications to the institution in violation of the provisions herein, and failure by the violating party to reinstate conditions within a period to be specified by the Competent Authority.
Operating the institution for purposes other than those described in the license.
Imposing a final sentence for closure or removal of the institution.

Expiration of the legal personality of the association, organization or licensed company

14 Article

The use of the medical treatment institution for any purpose other than thatdescribed in the license shall be strictly prohibited, unless approved in writing by the Competent Authority.

15 Article

Food offered by the institution to patients shall bebalanced and nutritious andpreserved in areas protected against damage, dust, insects and flies. The Competent Authorityshall be entitled to take any action it deems appropriate in this regard.

16 Article

Doctors and nursing staff shall be accommodated within the institution in rooms separate from patients. Such accommodation shall be properly and safely equipped.
17 Article

All personnel of the institution shall be free of contagious and skin diseases, and shall not carry contagious germs

18 Article

1. The treatment institution may establish its own pharmacy, to be annexed to the building. The pharmacy shall be supervised by a legally licensed pharmacist and shall not sell medicines to the public.

Where the number of beds in the institution exceeds fifty, the establishment of the pharmacy shall be obligatory. Where the number of beds is fewer than fifty and no pharmacy is annexed to such institution, the institution shall provide medicines obtained from a public pharmacy, provided that all prescriptions shall bear the name and signature of the treating doctor. Such prescriptions shall not bear any symbols or terms agreed between the institution and the public pharmacy.

19 Article

One resident physician shall be appointed for each institution of less than forty beds. Where the number of beds is more than forty, at least two resident physicians shall be appointed.

20 Article

The number of nursing staff shall be no less than one fifth the number of existing beds. All nursing staff shall be licensed in the state of Qatar. In all cases, the institution shall provide a sufficient number of nursing staff for night-time care of patients.

21 Article

The treatment institution shall not advertise its services except within the limits and in accordance with prevailing professional rules, and provided that such advertising shall not contradict the dignity of the profession.

22 Article

1. Each institution shall keep a record with serial numbers, wherein the name, surname, age, address, date of admission, date of discharge or frequency of visits of each patient shall be noted.

Each institution shall also keep a separate record, in the custody of the physician, which contains the diagnosis and status of each patient.

23 Article

1. Before engaging in its business, each medical treatment institution shall issue executive regulationsgoverningits financial and administrative operations.

Such regulations shall include the names of the institution's manager, physicians, members of the nursing staff and supervisors, as well as their respective functions.
The regulations shall have no force unless approved by the Competent Authority. Subsequently, the institution shall keep a copy of the approved regulations and shall abide by their provisions without any modification or change unless approved by the competent authority.

24 Article

The institution shall post in a conspicuous location a list of treatment and accommodation charges approved by the Ministry. The institution shall strictly comply with such list under all circumstances.

25 Article

In an emergency, the Ministry shall be entitled to order the use of any treatment institution or part thereof for any purposes deemed necessary.

26 Article

The manager of the institution shall be responsible for promptly reporting to security authorities any accidents, deaths or suspected diseases, and shall issue the necessary instructions for the strict implementation thereof.

27 Article

The Minister shall issue a resolution to form a technical committee for the settlement of disputes that may arise between any of the medical institutions and the patients in relation to treatment and any other related medical technical matters.

28 Article

1. The members of the permanent committee for licenses at the Ministry, as delegated by a resolution of the Minister of Health, each in their respective field of specialization, shall be vested with the powers of judicial investigators to ascertain violations of the provisions of this law and of its executive regulations and resolutions.

The committee members shall have access to all locations provided herein for the inspection of records, documents, equipment, tools and means of treatment in order to verify the proper execution of the provisions of this law and its executive regulations and resolutions.

29 Article

Without prejudice to any other greater penalty provided in any other law, the following shall be sentenced to imprisonment of not more than three years or to a fine not exceeding QAR ten thousand (10,000) Riyals, or to both:

Any person who establishes or runs a medical institution without a license.
Any person who obtains a license for a medical treatment institution based on incorrect data or documents or otherwise acts illegally to obtain such license.
Any person who runs a previously closed medical institution, or whose license has been previously revoked.
Any person who violates the provisions of Articles 14 through 24 herein. In such case, the institution shall be closed and its movables confiscated. In the event of a repeat violation, the court shall double both penalties.

30 Article

1. Without prejudice to the penalties provided in Article 29, the permanent licensing committee at the Ministry shall be entitled to consider violations of the provisions herein by medical institutions. The manager of the institution shall appear before the committee and shall present his statements and defense to the violations.

The committee may impose one of the following disciplinary penalties:
Notice.
Suspension of activity for not more than one year.
Revocation of the institution's license and cancellation of its registration.
The manager of the institution shall be notified of the committee's resolution not later than one month of the date of issuance thereof. A complaint may be submitted to the Minister against the aforesaid resolution, provided that it is filed within one month of the official announcement of the resolution.
The Minister may either reject the complaint or order the committee to reconsider it. Following reconsideration, the committee's decision shall be final.

31 Article

The Minister shall issue the regulations and decisions required for implementation of this law.
32 Article

All competent authorities, each in its respective jurisdiction, shall enforce this law with effect from the date of its publication in the Official Gazette.