Al-Awadhi issues a package of decisions to regulate the health sector
Minister of Health Dr. Ahmed Al-Awadi issued a package of new ministerial decisions aimed at developing and regulating various areas of healthcare work, tightening controls related to patient safety and the quality of medical services, and regulating the trade of tobacco and nicotine products, as well as the practice of psychotherapy and psychological counseling. The decisions included regulating the dispensing of biological and advanced treatments, licensing private pharmacies, governing surgical procedures and medical interventions, bariatric and cosmetic surgeries, and establishing a comprehensive framework for practicing psychotherapy and psychological counseling in both the public and private sectors, while strengthening oversight of tobacco and nicotine products.
Under the new protocol for prescribing, dispensing, and following up on biological and advanced treatments in Ministry of Health facilities, the dispensing of these treatments is now restricted to Kuwaiti patients, with provisions allowing non-Kuwaitis to apply for exceptions in accordance with approved regulations. In another decision, the Minister established a new framework for governing surgical procedures and medical interventions in both the public and private sectors, comprising 23 articles that regulate procedural steps, starting from obtaining and documenting informed consent in the medical file, to defining doctors’ authorities and reviewing complications and deaths.
The new regulations require medical departments to implement a surgical privileges system that specifies the procedures each doctor is permitted to perform. Resident and registered doctors are prohibited from performing surgeries independently, except in minor cases under direct supervision. For scheduled elective surgeries, a specialist must be present from the beginning of anesthesia until the end of the procedure. The regulations also prohibit a surgeon from performing more than one operation simultaneously or leaving the operating room unless absolutely necessary. Surgical departments are mandated to hold monthly meetings to review cases of complications and deaths and submit reports to quality management departments. The decision allows, in emergency cases, the utilization of government doctors’ services in private hospitals and vice versa, thereby enhancing response speed and ensuring patient safety.
Regarding bariatric surgery, Ministerial Decision No. 221 of 2026 established the first regulatory framework dedicated to this type of surgery, classifying it into primary, revisional, and malabsorptive procedures, as well as non-surgical endoscopic procedures such as endoscopic sleeve gastroplasty. The decision stipulated that the performing surgeon must be a consultant or specialist with accredited training in bariatric surgery, specified special requirements for anesthesiologists, and required visiting surgeons to obtain prior approval from the General Surgery Department Council, while repealing the previous decision issued in 2025.
Ministerial Decision No. 232 of 2026 also amended the regulations for cosmetic surgeries in the public and private sectors, establishing an official schedule of permitted procedures for each specialty, including anti-wrinkle injections, fillers, and thread lifts. The decision set a limit for liposuction at no more than 8 percent of body weight or 5 liters per session, whichever is lower. In certain cases involving specific psychological disorders, such as body dysmorphic disorder, schizophrenia, severe depression, eating disorders, or borderline personality disorder, the decision required a psychological report from a registered psychiatrist before performing some cosmetic procedures.
Concerning private pharmacies, the Minister issued Ministerial Decision No. 235 of 2026 to comprehensively reorganize pharmacy licensing, including new rules for priority during renewal or relocation, where pharmacy priority is determined by the date of its first license at its current location. The decision regulated external pharmacy advertisements, including the trade name, logo, color, and promotional content on the facade, requiring prior approval. It also established a new mechanism for approving drug delivery services, with requirements regarding vehicles or contracted delivery companies. The decision mandated placing an identification card on the dispensed medication package containing the patient’s name, dispensing date, and usage instructions, and prohibited the sale of medications with less than 30 days remaining until expiration, with special provisions for chronic disease medications. It also banned the return of dispensed medications by the public. The regulations included specific procedures for the temporary or permanent closure of pharmacies and mechanisms for disposing of expired medications, while repealing the previous decision issued in 2025 regarding pharmacy facades.
**Psychotherapy**
In the file of psychotherapy and psychological counseling, the Minister issued Ministerial Decision No. 225 of 2026, establishing a comprehensive system to regulate the profession, licenses, qualifications, titles, specializations, and facilities in both the public and private sectors. The decision regulated professional titles, including Senior Psychotherapist, Psychotherapist, and Psychological Specialist, as well as Senior Applied Behavior Analyst, Applied Behavior Analyst, and Assistant Applied Behavior Analyst, specifying the academic qualifications, experience, and clinical training required for each title.
The decision emphasized that the practice of psychotherapy must be based on accepted scientific and professional foundations, prohibiting the provision of psychological services under misleading titles or through activities exceeding the scope of the license. It also banned practices not based on recognized scientific evidence, such as energy healing, Reiki, crystal therapy, and some methods promoted as treatments for psychological disorders without scientific backing.
The decision established controls for using titles such as life coaching, self-development, personal training, and quality-of-life improvement when the activity provided actually falls within the scope of psychotherapy or psychological counseling, ensuring that licensed services are only provided by licensed practitioners in licensed facilities. The decision restricted the work of a Psychological Specialist holding a bachelor’s degree to initial interviews, data collection, applying appropriate scales, and preparing preliminary reports under the supervision of a Senior Psychotherapist, prohibiting them from providing therapeutic interventions, developing treatment plans, or making diagnostic or treatment decisions independently.
Practitioners were required to fully document interviews, assessments, tests, plans, and therapeutic interventions, maintain the confidentiality of patients’ psychological and health information, and obtain informed consent before providing services. The decision also regulated remote service delivery, verifying the beneficiary’s identity, and ensuring their safety. Special controls were established for cases requiring medical intervention or hospitalization, such as situations posing a risk to the patient or others, mandating the therapist to refer them to the appropriate doctor or facility and document the referral.
The decision set detailed requirements for licensing psychotherapy and counseling complexes, including providing suitable private rooms with a minimum area of 9 square meters each, ensuring at least two service rooms, maintaining medical record systems, data protection, and insurance, and providing means to request help within therapy rooms. It also required the presence of a full-time Senior Psychotherapist responsible for technical supervision of the complex, regulated the conditions and responsibilities of the medical director, and organized training, career advancement, and the regularization of existing practitioners and facilities.
The decision granted psychotherapy offices and psychological counseling companies holding valid licenses from the Ministry of Commerce and having initiated licensing procedures with the Ministry of Health before its issuance a six-month period to regularize their status. Facilities that had not initiated licensing procedures were required to cease providing regulated psychological services. Conversely, public sector practitioners were granted an 18-month period to regularize their status according to the new requirements, while private sector licensees would regularize their status upon renewal, relocation, or title change, in accordance with specified controls.
**Tobacco and Nicotine**
In the tobacco and nicotine file, the Minister of Health issued Ministerial Decision No. 237 of 2026 regarding the regulation of the trade of tobacco and nicotine products and nicotine delivery systems, establishing a comprehensive framework for import, manufacturing, packaging, distribution, sale, display, promotion, use, and oversight, including traditional cigarettes, electronic cigarettes, heated tobacco products, and other nicotine delivery systems.
The decision prohibited the sale, delivery, or facilitation of access to these products for persons under 21 years of age, requiring sellers to verify the buyer’s age using a civil ID or an approved verification method. Clear signs in Arabic and English must be displayed at points of sale indicating the prohibition of sales to minors. The decision also prohibited the sale, display, or trade of tobacco and nicotine products via websites, applications, social media platforms, delivery services, and self-service machines, and banned their trade in nurseries, kindergartens, schools, institutes, universities, colleges, health facilities, government entities and institutions, sports clubs, youth centers, cinemas, facilities designated for children and youth, as well as certain temporary sales outlets and events.
The decision banned direct and indirect advertising, promotion, and marketing of these products, including through media, digital platforms, influencers, content creators, and billboards. It also prohibited free samples, gifts, discounts, promotional offers, and sponsorships related to these products. The regulations strictly prohibited products targeted at children and youth or those using cartoons, characters, or designs resembling sweets and beverages. The trade of products with unknown sources, non-compliant with specifications, or new products not licensed by the Ministry of Health was banned.
The decision required the registration and approval of permitted products before import, manufacturing, or sale, with disclosure of ingredients, nicotine concentration, additives, country of origin, batch numbers, and production and expiration dates. Health or therapeutic claims, or descriptions of products as less harmful, light, or low-tar, were prohibited without Ministry approval.
Electronic cigarettes, heated tobacco products, and other products producing smoke, vapor, mist, or similar emissions were subject to the same regulations applied to smoking in public and enclosed places where smoking is prohibited. The decision assigned the Ministry of Health, in coordination with relevant government entities, the responsibility of oversight, inspection, controlling violations, confiscating and removing non-compliant products, and taking measures to block or remove non-compliant advertisements and electronic content, subjecting violators to penalties and measures stipulated by relevant laws and regulations.
The provisions of the decision regulating tobacco and nicotine products will take effect on January 1, 2027, with any conflicting provisions repealed. The other decisions come within the framework of the Ministry of Health’s trend to unify professional standards, raise patient safety levels, strengthen oversight of practices, facilities, and health products, and enhance the quality of services provided in both the public and private sectors.
