Article 36 of the Saudi Healthcare Professions Practice Law
المادة 36 من نظام مزاولة المهن الصحية
The article provides that the public prosecution before the Health Sharia Authority is represented by employees designated by a decision of the Minister of Health.
Official text (Arabic)
This article has not been amended since the law was issued.
يمثل الإدعاء العام أمام (الهيئة الصحية الشرعية) الموظفون الذين يصدر بتحديدهم قرار من الوزير.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 36 explained in plain English
This article sets out who represents the public prosecution before the Health Sharia Authority. The text says this representation is carried out by employees designated by a decision of the Minister, meaning the Minister of Health under the definition in Article 1.
The public prosecution here means the body that pursues the public right before the Authority, as opposed to the private right claimed by the patient or relatives. The article does not state these employees' qualities, qualifications or working procedures, as that is left to the Minister's decision.
It is preceded by Article 35, which provides that the Authority convenes with all members present and issues its decisions by majority with the judge among them, and that a grievance against its decisions may be filed with the Board of Grievances within sixty days of notification. It is followed by Article 37, which provides that a public-right claim is not heard after one year from the date of knowledge of the professional healthcare error, and refers the rules of knowledge to the Implementing Regulations.
Anyone who is a party to a case in which the public prosecution is represented before the Authority may consult a lawyer specialized in healthcare practice and medical malpractice cases.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 36 of the Saudi Healthcare Professions Practice Law
Who represents the public prosecution before the Health Sharia Authority?
It is represented by the employees designated by a decision of the Minister of Health.
Does the Law set the qualifications of the public prosecution representatives before the Authority?
No. The article is limited to providing that they are designated by a decision of the Minister.
More articles on Medical Sharia Authority
- Article 33
The article establishes the Health Sharia Authority, chaired by a judge, with legal, medical and pharmacy members, limits the two pharmacy members to pharmacy cases, and seats it at the Ministry of Health in Riyadh with possible regional bodies.
أ - تكون هيئة تسمى (الهيئة الصحية الشرعية) على النحو الآتي : 1 - قاضٍ لا تقل درجته عن قاضي (أ)، يعينه وزير العدل رئيسًا. 2 - مستشار نظامي يعينه الوزير. 3 - عضو
- Article 34
The article gives the Health Sharia Authority jurisdiction over professional healthcare errors for which a private-right claim is made, and over errors causing death or loss of an organ or its function, even without a private claim.
تختص الهيئة الصحية الشرعية بالآتي : 1 - النظر في الأخطاء المهنية الصحية التي ترفع بها المطالبة بالحق الخاص (دية - تعويض - أرش). 2 - النظر في الأخطاء المهنية الص
- Article 35
The article provides that the Health Sharia Authority convenes with all its members present, decides by majority including the judge, and that a grievance may be filed with the Board of Grievances within sixty days of notification.
تنعقد (الهيئة الصحية الشرعية) بحضور جميع الأعضاء، وتصدر قراراتها بالأغلبية على أن يكون من بينهم القاضي، ويجوز التظلم من اللجنة أمام ديوان المظالم خلال ستين يومً
- Article 37
The article provides that a public-right claim is not heard after one year from the date of knowledge of the professional healthcare error, and refers the rules of knowledge to the Implementing Regulations.
لا تسمع الدعوى في الحق العام بعد مضي سنة من تاريخ العلم بالخطأ المهني الصحي، وتحدد اللائحة التنفيذية ضوابط العلم بالخطأ المهني الصحي.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.