Page 6 - Federal Law No. (4) of 2015 on Private Health Facilities
P. 6

Disciplinary Sanctions

                                                        Article (20)

               The committee is concerned with examining the facts that violate the provisions of this Law and
               its executive decisions. The committee must notify the violator within three days, whether he/ she
               is the owner of the private health facility, its director, the person in charge of its operation or
               management, or one of its employees, to appear before it at the date it determines. The notification
               must include a statement of the violations, subject matter of accountability. If he/ she fails to appear
               on  the  specified  date  despite  being  notified,  the  committee  may  decide  on  the  subject  of  the
               violation in his/ her absence.

               The committee’s recommendations are submitted to the competent authority in the health authority
               to take the appropriate decision in this regard.

                                                        Article (21)
               1.  The health authority may impose the following disciplinary sanctions on the director of the
                   private health facility, the person in charge of its operation, or any of its employees:
                   a.  Warning
                   b.  Suspension from work for a period not exceeding six months
                   c.  Permanent suspension from work
               2.  The health authority may impose one of the following disciplinary sanctions on the private
                   health facility:
                   a.  Warning
                   b.  Temporary closure of the facility, in whole or in part, for a period not exceeding six months
                   c.  Final closure of the facility, in whole or in part
               3.  The sanctions stipulated in this Article may only be imposed after hearing the statements of
                   the violator or his/ her legal representative and examining his/ her defense. If he/ she does not
                   appear  or  appeared  without  presenting  its  pleading  argumentation,  the  sanction  may  be
                   imposed based on the documents established in the file.
               4.  The imposition of disciplinary sanctions stipulated in this Article is without prejudice to the
                   criminal or civil liability that may arise from the same incident, subject matter of the violation.

                                                        Article (22)

               He whoever undergoes a disciplinary sanction may file a grievance against it within fifteen days
               from the date of notification of the decision, and the grievance shall be submitted to the Minister
               or the head of the health authority, as the case may be. The grievance decision is issued within
               thirty days from the date of its submission. In cases of closure, the grievance is decided on within
               a maximum of two weeks from the date of its submission. The decision issued in the grievance
               shall  be  final  in  all  cases.  Moreover,  the  decisions  issued  regarding  the  grievance  may  be
               challenged  before  the  competent  court  within  thirty  days  from  the  date  of  notification  of  the
               decision issued in the grievance or after fifteen days from the date of submitting the grievance
               against the closure decision without  receiving a respond thereto or thirty days  after filing the
               grievance against any other decision without receiving a respond thereto.


               *In case of any misinterpretation, the Arabic version of this legislation prevails.
   1   2   3   4   5   6   7   8