Private health institutions could face tough, tiered penalties for violations under a new proposal put forward by Shura Council members.
The draft law, submitted by five members led by Dr Ibtisam Al Dallal, seeks to amend Article (23) of Decree-Law No 21 of 2015 concerning Private Health Institutions.
The amendment focuses on reorganising administrative penalties imposed on private hospitals, clinics and treatment centres, reinforcing the principle of graduated sanctions while maintaining existing fine amounts.
Dr Al Dallal said the proposal was not intended to increase penalties but to clarify and regulate how they are applied.
“Administrative sanctions in this sector are not meant to be punitive for their own sake,” she said. “They are tools to regulate performance, correct deviations and ensure compliance with the law, while preserving the stability of the health institution and protecting patients’ interests.”
Under the proposed amendment, the Accountability Committee would be required to follow a clearer, graduated sequence of measures once a violation is proven. These include issuing a written warning, temporarily suspending some services without harming patients’ interests, recommending dismissal of responsible staff, imposing daily coercive fines, levying a total fine of up to BD20,000, suspending a licence or withdrawing it in serious cases.
The draft also stipulates that when imposing any measure, the committee must consider the seriousness of the violation, the violator’s persistence, any benefits gained and the harm caused to others.
Dr Al Dallal explained that while such criteria already exist in the current law, they are limited mainly to financial penalties.
“The amendment expands these objective standards to cover all administrative measures, not just fines,” she said. “This strengthens the principle of proportionality and enhances safeguards of administrative justice in the application of penalties.”
Importantly, the proposal does not amend the amounts of the daily coercive fines – capped at BD1,000 for a first violation and BD2,000 for repeat violations within three years – nor the maximum total fine of BD20,000.
“The deterrent effect remains intact,” Dr Al Dallal stressed. “What we are doing is reorganising the framework in a clearer and more disciplined manner, ensuring that the most severe penalties are not imposed at the outset except where justified by the gravity of the violation.”
The amendment would also allow the publication of confirmed violations after appeal deadlines lapse or a final judgment is issued, and requires referral to the Public Prosecution if a criminal offence is uncovered.
Dr Al Dallal said the proposal reflects a broader legislative trend towards structured oversight of private service institutions.
“We are aligning with modern legislative approaches seen in other sectors, such as private education, where graduated and flexible oversight tools are used to correct violations before resorting to harsher penalties,” she said.
She added that the reform aims to strike a balance between effective oversight and encouraging investment in the private health sector.
“The private health sector is a key partner in supporting the national health system and attracting quality investment,” she said.
“A clear, proportionate and stable regulatory environment enhances confidence. It sends a reassuring message that oversight is firm, but fair – based on objective standards, not arbitrariness.”
The council’s Legal Advisors Commission has confirmed that the draft law meets the formal legal requirements for submission.
If approved for referral, the proposal will be studied by the council’s services committee.
mohammed@gdnmedia.bh
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