Article 23 of the Saudi Private Health Institutions Law
المادة 23 من نظام المؤسسات الصحية الخاصة
The committees in Article 25 may, as a precaution, suspend the activity in question where strong evidence from the preliminary investigation shows violations punishable by license withdrawal or closure.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز بقرار من اللِّجان المنصوص عليها في المادة (الخامسة والعشرين) - كإجراء تحفظي- إيقاف ممارسة النشاط محل المخالفة إذا وجدت أدلة وقرائن قوية على وقوع مخالفات دل عليها التحقيق الأولي تكون عقوبتها - في حالة ثبوتها - سحب الترخيص أو إغلاق المؤسسة الصحية.
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 23 explained in plain English
This article grants the power of precautionary suspension before a final decision on the violation.
Who has it? The committees provided for in Article 25, which are formed by decision of the Minister in the health affairs directorates, of at least three members, one a consultant in the medical professions and the second a legal adviser, to consider violations of the Law and impose penalties.
What is the measure? Suspending the practice of the activity in question, by decision of the committee, as a precaution. The suspension is limited to the activity connected with the violation, not necessarily the whole institution.
Its conditions:
- The existence of strong evidence and indications that violations have occurred.
- That the preliminary investigation points to them.
- That the penalty for these violations, if proven, is withdrawal of the license or closure of the health institution.
A precautionary suspension is therefore not a penalty but a temporary measure pending a decision. It is not available for any violation but for serious violations that may end in withdrawal of the license or closure. The text says "may", so it is a discretionary power of the committee.
The article does not state the duration of the precautionary suspension. Article 25 provides that the decisions of these committees are not carried out until approved by the Minister or his delegate, and that those concerned may file a grievance against them before the Board of Grievances within 60 days of notification, without stating expressly whether this includes the precautionary suspension decision.
It is preceded by Article 22, which makes professional medical errors a matter for the Medical Sharia Committee, and followed by Article 24, which requires the Ministry to ensure patients' treatment continues if closing the institution would harm them. Anyone subject to a precautionary suspension decision would do well to consult a lawyer who specializes in administrative cases immediately.
Practical example
The preliminary investigation showed strong evidence that the surgery department of a private hospital in Dammam was performing operations with unfit equipment, a violation whose penalty may be closure. The committee may decide to suspend the surgery activity as a precaution pending a decision.
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 23 of the Saudi Private Health Institutions Law
May a clinic's activity be suspended before the violation is proven?
The committees considering violations may suspend the activity in question as a precaution if strong evidence and indications shown by the preliminary investigation point to violations punishable by license withdrawal or closure.
Does the precautionary suspension cover the whole institution?
The text speaks of suspending the practice of the activity in question.
Articles this article refers to
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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.