Recent Updates by the Ministry of Health in Kuwait – pharmacy and healthcare advertisement
Healthcare & Life Sciences Focus
Lulwa Al HammadSenior Associate,Corporate Commercial
The Ministry of Health (“MOH”) in Kuwait issued Ministerial Decision No. 160 of 2024 (“Decision”) in the Kuwait Gazette , which introduces changes to the regulations governing the practice of pharmacy and related professions in both the public and private sectors.
This decision aims to enhance the standards of pharmacy practice, ensure the competence of practitioners, and safeguard public health. Below, we delve into the key aspects of this decision and its implications for the healthcare sector in Kuwait.
The requirements for obtaining a license to practice pharmacy and related professions in the government sector include:
Educational Qualifications: Applicants must hold a university degree in pharmacy or a related field, with the degree being verified and recognized by the relevant authorities;
Professional Experience: Applicants must provide a certificate of practical experience, which must be verified for accuracy by the relevant authority;
Good Conduct: Applicants must have a clean criminal record, with no convictions for crimes involving moral turpitude or dishonesty, unless they have been rehabilitated;
Health Fitness: Applicants must pass a medical examination to confirm their fitness for the job, as approved by the General Medical Council of the MOH; and
Professional Membership: Applicants must provide proof of active membership in the Kuwait Pharmaceutical Association, applicable only to the pharmacy profession.
The decision also outlines the circumstances under which a license to practice pharmacy and related professions can be revoked:
End of Employment: The license is revoked upon the termination of the practitioner's employment in the government sector;
Death: The license is automatically revoked upon the death of the license holder;
Criminal Convictions: The license is revoked if the holder is convicted of a crime involving moral turpitude or dishonesty, unless they have been rehabilitated;
Medical Incompetence: The license is revoked if the practitioner is deemed medically unfit to continue practicing, based on a report from the relevant authority in the MOH; and
Professional Misconduct: The license is revoked if the practitioner engages in behavior that violates the ethical standards of the pharmacy profession and affects their reputation and integrity.
Licensing requirements for the private sector include payment of fees and active professional membership.
The decision allows for the issuance of temporary licenses, valid for up to one year, for practitioners contracted with government entities. These temporary licenses are contingent upon the practitioner meeting the competency evaluation requirements of the relevant government entity and providing an equivalency certificate from the Ministry of Higher Education.
The Decision sets forth the requirements for obtaining a license to practice pharmacy and related professions in the private sector which mirror those for the government sector, with the following additional stipulations:
Payment of Fees: Applicants must pay the prescribed fees for the issuance of the license;
Professional Membership: Similar to the government sector, applicants must provide proof of active membership in the Kuwait Pharmaceutical Association, applicable only to the pharmacy profession; and
Non-Practice Clause: The license is revoked if the practitioner does not practice the profession for 30 consecutive days after the issuance of the license without an acceptable excuse.
The Decision represents a significant step towards enhancing the standards and regulation of the pharmacy profession in Kuwait. By setting stringent requirements for educational qualifications, professional experience, and ethical conduct, the decision aims to ensure that only competent and trustworthy individuals are licensed to practice. Additionally, the introduction of temporary licenses and specific provisions for the private sector reflects a comprehensive approach to regulating the profession across different sectors. As the decision comes into effect, it is expected to contribute to the overall improvement of healthcare services and the protection of public health in Kuwait.
In a significant move to regulate the medical advertising landscape, Kuwait's MOH has issued Resolution No. 87 of 2023 concerning the controls and regulations for the medical advertising process ("Resolution 87 of 2023"). Resolution 87 of 2023, effective from March 2023, aims to ensure that medical advertisements are accurate, ethical, and in compliance with existing health laws.
Resolution 87 of 2023 applies to any material or content of any form or type that is published with the intent of promoting health services or their prices, or any product, treatment, or medical device. This includes publications made by practitioners, health facilities, their owners, or their managers, as well as third parties acting at their request.
Resolution 87 of 2023 covers both direct and indirect advertisements, whether they are paid or unpaid. Notably, the resolution is applicable to the private sector and does not extend to advertisements issued by the MOH or any other governmental health institution.
Advertising Restrictions: Practitioners and owners of health facilities are prohibited from advertising the prices of health services, products, treatments, or medical devices without obtaining a license from the Health Licensing Department. This restriction extends to all forms of advertising, including social media.
Licensing Requirements: All advertisements must be licensed by the Health Licensing Department. The department is responsible for reviewing and approving advertisement requests within 30 days, ensuring they comply with the provisions of Law No. 10 70 of 2020 and other relevant laws.
Content Regulations: Advertisements must provide correct and non-misleading medical information based on globally accepted medical principles and protocols. Advertisers are prohibited from using non-medical titles or making claims of superiority, such as "the best," "the only," or “guaranteed.”
Ethical Considerations: Advertisements must adhere to professional ethics and public taste. Visual ads must exercise utmost care in preserving patient privacy and should not show excessive parts of the patient’s body. Written consent from patients is required before publishing any images or videos of them.
Social Media Regulations: Health facilities are allowed to have one account per social media platform, which must include the facility's name, address, license number, and contact information. Multiple accounts are permitted for different branches, provided they are clearly linked to the parent facility.
Prohibitions and Duties: Advertisers must include their professional license number in all advertisements. They are also prohibited from challenging the skills of their colleagues or reducing their professional standing in any form of advertising.
Complaint and Enforcement Mechanisms: The Health Licensing Department is tasked with receiving complaints and verifying compliance. It can recommend referring violations to the Public Prosecution or the Authority for Medical Responsibility. The department also has the authority to revoke advertisement licenses that violate the law.
Resolution 87 of 2023 represents a comprehensive effort by the MOH to regulate medical advertising in Kuwait. By setting stringent controls and ethical guidelines, the resolution aims to protect patients from misleading information and ensure that medical advertisements are both accurate and respectful of patient privacy. Health practitioners and facilities must now navigate these new regulations to ensure compliance and avoid potential penalties.
For further information,please contact Lulwa Al Hammad.
Published in January 2025
