GCC nationals may open clinics in Kuwait – says Kuwait Court

In 2016, a Saudi national holding a PhD. in laboratory medicine filed an application with the Kuwaiti Medical Licensing Department for a license to open a private medical centre in Kuwait. His application was denied on the basis that he did not meet the condition that the license applicant be a Kuwaiti doctor, as set out under a Ministerial Decision that sets out the requirements and conditions for healthcare facilities.

The Saudi national argued to the courts that the ministerial decision was contrary to Kuwaiti law and the relevant GCC agreements that provide for equality of treatment for GCC citizens, without distinction or discrimination, in several fields, including work in private and government jobs, engagement in professions and crafts and engagement in economic, investment and service activities. The Kuwait Court of Cassation agreed that domestic laws restricting the practice of certain professions, such as medicine, to their own citizens, excluding other GCC nationals, must be disregarded.

Al Tamimi’s Healthcare Practice operates in each jurisdiction across the region. Our specialist healthcare lawyers in our Kuwait office can assist you with the necessary steps to open a healthcare facility in Kuwait. For more details on our offering and how we can assist you, please contact us at healthcare@tamimi.com.

Key Contacts:

Christina Sochacki
Senior Associate, Healthcare
c.sochacki@tamimi.com

Philip Kotsis
Partner, Co-Head of Office – Kuwait, Corporate Commercial
p.kotsis@tamimi.com