RIYADH: The Shoura Council scrapped on Sunday a clause in the new health regulations stipulating the mandatory participation of Saudi doctors in the ownership of clinics and medical facilities.

A Shoura session presided by its chairman, Saleh Bin-Humaid, voted in majority on the amendment to the third paragraph in the second clause of new regulations of health establishments, Al-Eqtisadiah newspaper reported yesterday.

The clause stipulated that the owner of a private hospital should take a Saudi doctor as partner, who should be a fulltime supervisor of the facility.

Under an order issued by the Council of Ministers in 2002, new regulations governing medical complexes and out-patient surgeries would come into force in July 2009.

Majority of the 150-strong Shoura Council held that the clause if enforced would harm the growth of the health care projects in the Kingdom’s private sector.

The Shoura members expressed fears that experienced Saudi doctors would leave government hospitals to take up lucrative supervisory posts and partnership roles in private hospitals.

Another argument against the clause was that private investors in medical fields might look for other investment areas if mandatory partnership of others were to be imposed on them. “Because of this provision in the law, many businessmen would make second thoughts about investing in medical and health projects because such legal provisions would make them fear about the safety of their rights and investments in future,” according to a member of the council.

The situation will lead to a lack of growth in the medical sector, some council members pointed out.

The clause is also a violation of the ownership rights guaranteed in 18th clause of the Basic Laws of Governance, according to some businessmen.

“The state guarantees the freedom and inviolability of the private ownership. The state will not take away anyone’s ownership rights except for the public interest and with fair compensation,” the clause in the basic laws said.

Some members also believed that such conditions were against the principles of Shariah.