Article 37 of the Saudi Medical Devices Law
المادة 37 من نظام الأجهزة والمستلزمات الطبية
The article allows the President, by decision, to grant a person other than an inspector who helps uncover a violation a reward of no more than 25% of the fine due.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز -بقرار من الرئيس- منح مكافأة تشجيعية بنسبة لا تزيد على (25 %) من مقدار الغرامة المستحقة، لمن يساعد -من غير مفتشي الهيئة- في الكشف عن مخالفة لأحكام النظام واللائحة.
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 37 explained in plain English
This article encourages the public to help uncover violations by giving them an incentive reward.
Elements of the rule:
- Beneficiary: whoever helps uncover a violation of the Law and the Regulations, provided he is not one of the Authority's inspectors.
- Amount: a percentage of no more than 25% of the amount of the fine due. This is an upper limit, and the reward may be less.
- Body: by decision of the President, that is, the Authority's Chief Executive Officer.
- Discretionary: the text says "may", so the reward is not an automatic right in every case.
Note that the reward is tied to the fine due, being calculated as a percentage of it. The article does not state what applies where the violation does not end in a fine.
Article 38 provides that the Authority sets, in agreement with the Ministry of Finance, the rules governing this reward and the inspectors' rewards in Article 36. Article 42 indicates that the fine for violations of the Law may reach five million riyals, and ten million riyals in cases of adulteration.
The article is a message to those in the sector and the public that reporting adulterated or violating devices is something the Law values. A person who has information about a violation and wants to know the proper way to report it can contact the Authority or consult a lawyer who specializes in health and commercial regulations.
Practical example
An employee at a company in Riyadh noticed that his workplace was selling adulterated medical supplies, so he reported it to the Authority and helped uncover the violation. If a fine is imposed on the company, the President may, by decision, grant him a reward of no more than 25% of the fine due.
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 37 of the Saudi Medical Devices Law
How much is the reward for reporting a medical device violation?
An incentive reward of no more than 25% of the amount of the fine due may be granted, by decision of the President.
Is an Authority inspector entitled to this reporting reward?
No. The article concerns someone who helps uncover the violation who is not one of the Authority's inspectors. Inspectors' rewards are governed by Article 36.
Is the reward a guaranteed right of the person reporting?
The article makes it discretionary by saying "may", under rules the Authority sets in agreement with the Ministry of Finance.
More articles on Inspecting Medical Establishments
- Article 33
The article gives the Authority power to inspect establishments and devices through inspectors who are judicial police officers, who may seize violating items, hold them, take samples and recommend destruction.
تتولى الهيئة التفتيش على المنشآت وعلى الأجهزة والمستلزمات الطبية؛ للتأكد من تطبيق أحكام النظام واللائحة واللوائح الفنية، وذلك من خلال مفتشين يعدون من رجال الضبط
- Article 34
The article requires everyone subject to the Law to keep confidential any information he may obtain by virtue of his duties.
يلتزم كل من يخضع لأحكام النظام بالمحافظة على سرية المعلومات التي قد يحصل عليها بحكم مهمته.
- Article 35
The article requires the inspector to show his official card during inspection and seizure, and requires the establishment to enable him to do his work and not obstruct him.
على المفتش إبراز بطاقته الوظيفية عند تأديته لأعمال التفتيش والضبط، وعلى المنشأة تمكينه من أداء عمله، وعدم إعاقته.
- Article 36
The article allows the President, by decision, to grant the Authority's inspectors financial rewards for the work they perform.
يجوز -بقرار من الرئيس- منح مفتشي الهيئة مكافآت مالية نظير ما يقدمونه من أعمال.
- Article 38
The article tasks the Authority with setting the rules for granting inspectors' rewards and reporters' rewards, referred to in Articles 36 and 37, in agreement with the Ministry of Finance.
تضع الهيئة بالاتفاق مع وزارة المالية الضوابط المنظمة لمنح المكافآت المشار إليها في المادتين (السادسة والثلاثين) و(السابعة والثلاثين) من النظام.
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.