Law prevents the physician from doing (10) forbidden acts some of which were not originally set forth in the old law, e.g. Rooming patients in places not prepared for this purpose, conducting sex change or performing unnecessary medical or surgical operations without the consent of the patient, while other forbidden acts were mentioned in the old law and some modifications and additions were made thereto.
For facilitation, we will put two lines under each new forbidden act stipulated in the Decree-Law No. (4) of 2016, and one line under each amendment and addition, so that the reader can easily distinguish between them, as detailed hereunder:
A physician shall not:
1. Administer treatment without the patient’s consent except that cases that require immediate medical intervention where consent cannot be obtained for any reason whatsoever, or where the patient has a contagious disease that represents a threat to public health and safety. However, as for examination, diagnosis, and administration of the first dose of medication, consent of incapacitated patient is considered, provided that the patient’s relatives or fellows should be informed of the plan of such medication.
2. Refrain from treating a patient in an emergency or discontinuing treatment in all cases, unless the patient has violated the physician’s instructions, or if such refrainment or discontinuation is attributable to reasons beyond the physician’s control, subject to the provisions of Articles (9) and (10) of this Decree-Law.
3. Refrain from treating a patient or relieving an injured person unless the case does not fall in his specialization. In such a case, a physician shall provide the patient with the first aid and then to transfer him to the medical specialist or the nearest medical facility if he wishes so.
4. Use unauthorized or unlawful means in the treatment of the patient.
5. Prescribe any treatment before administering clinical examination to the patient. The health authorities may develop a system to provide distance-health services according to the controls and conditions set out in the Executive Regulations of this Decree Law.
6. Disclose patient’s secrets that become known to him in the course of or due to the practicing of the profession, whether such secret disclosed by the patient or otherwise brought to physician ‘s attention, except in the following cases:
a. If disclosure is upon the request or approval of the patient.
b. If disclosure is in the interest of the spouse and is made to such spouse personally.
c. If disclosure is made in an attempt to prevent or report a crime, in which case disclosure shall be made to the competent authorities only.
d. If the physician is assigned as an expert by a judicial or official investigative authority in the State, or if he is summoned by either one as witness to an investigation or a criminal case.
e. If the physician is assigned to perform an examination by an insurance company or an employer, within the scope of assignment.
f. If disclosure is made upon request of the health authority with the aim of protection of the public health according to the conditions and controls set forth in the implementing regulations of this Decree Law.
g. If the purpose of disclosure in order for the physician to defend himself before an investigation authority or any judicial body as the need of defense may require.
7. Clinically examine a patient of the opposite sex without presence of a third person and without the patient’s prior approval, unless it is necessary to do so.
8. Room patients in places not prepared for this purpose, except in emergencies.
9. Perform sex change operations.
10. Perform unnecessary medical actions or surgeries to the patient without the patients informed approval.
