Kuwait
Is the use of telehealth permitted?
Yes, telehealth is permitted in Kuwait.
Kuwait
How is telehealth regulated?
Telehealth is covered under Medical Practice Law No. 70 of 2020.
Kuwait
Are there specific fields of healthcare in relation to which telehealth services are currently available, and do they involve the use of proprietary technology or platforms?
Executive Regulations are currently awaited which are expected to list out the services can be offered through teleconferencing.
The hospitals currently offer certain consultancy services through general videoconferencing and teleconferencing apps such as Skype and Zoom.
Kuwait
Does the public health system include telehealth services, and if so, are such services free of charge, subsidised or reimbursed? Where the public health system does not include telehealth services, are such services covered by private health insurance?
The public health system does not offer telehealth services. The private medical centres which offer certain services and price these in the same manner they price other services.
Kuwait
Do specific privacy and/or data protection laws apply to the provision of telehealth services?
There are no specific privacy and / or data protection laws that apply to the provision of telehealth services in Kuwait.
Article 6 of Law No. 25 of 1981 Regulating the Medical and Dental Practitioners contains a general obligation to maintain patient confidentiality, which should apply to the telehealth services as well.
In addition, Kuwait Law No. 20 of 2014 ("E-Commerce Law") requires that client data relating to positional affairs, personal status, health status or elements of the financial disclosure of persons, or other personal information must be retained privately and confidentially, and employees are obliged to ensure such data protection. Disclosure of such information is subject to obtaining client consent or pursuant to a court order. We are of the view that obligations under the E-Commerce Law apply as well to telehealth services providers.
Kuwait
How should the cross-border transfer of personal information collected and processed in the course of telehealth services be carried out to ensure compliance with applicable privacy laws?
Any cross-border transfer of telehealth data should be carried out only after having obtained customer consent for storing, processing, transferring data of the patients in accordance with applicable data protection laws.
Kuwait
Are there any currently applicable codes of conduct on the use of telehealth systems and/or security of telehealth data in your jurisdiction?
No competent authorities have published any codes of conduct on the use of telehealth systems and / or security of telehealth data in Kuwait.
Kuwait
Are any specific laws, regulations, or self-regulatory instruments expected to be adopted in the near future?
The codes of conduct on the use of telehealth systems and / or security of telehealth data in Kuwait are expected to be published soon.
Kuwait
