On Friday, the Cuban government unveiled a new health law, intensifying its control over both doctors and patients. The legislation has sparked significant discussion across social media platforms.
The Public Health Law (Law No. 165/2023), published in the Official Gazette No. 9 on January 23, 2026, replaces the previous Law 41 of 1983 and redefines the legal framework for the nation's healthcare system.
While the law claims to align with Cuba's "social and structural transformations" and "scientific advancements," it unmistakably strengthens the state's grip on medical practice and the administration of health services.
Key Provisions of the New Health Law
A significant component of the new law is the establishment of a mandatory National Registry of Health Professionals and Technicians. This registry grants the Minister of Public Health the authority to suspend, disqualify, or reinstate healthcare workers for "ethical or technical" reasons.
This measure further entrenches the administrative and political subordination of medical personnel to the health system authorities.
Additionally, the Ministry of Public Health will manage a comprehensive system of medical records and health statistics to meet its informational needs for decision-making purposes. This registry will be integrated into the State Information System, in accordance with the directives of the relevant authorities and the stipulations of the law's regulations.
Patient Rights and Responsibilities
For the first time, the law acknowledges certain individual rights for patients, such as informed consent, the right to refuse treatment, access to assisted reproductive technologies, and the ability to make advance directives or decisions regarding end-of-life care.
It also introduces the protection of personal health data, allowing individuals to control the use of their medical information in clinical, educational, or research contexts.
However, the exercise of these rights is restricted by the healthcare system's authority, which retains extensive powers to define protocols, treatments, and regulations.
Ethical Oversight and Accountability
The National Commission of Medical Ethics, established and directly appointed by the minister, will oversee the "professional and ethical conduct" of doctors and technicians, with subordinate commissions at all territorial levels.
The law outlines new medico-legal evaluation procedures to determine cases of negligence or professional incompetence and specifies penalties for those who violate medical standards.
Moreover, healthcare institutions are required to address public complaints and grievances and periodically report to local People's Power bodies.
The Ministry of Public Health is tasked with drafting the implementation regulations within 90 days and approving a new Medical Ethics Code within 120 days, replacing the framework in place since 1988.
Article 158 acknowledges the right to a dignified death and mentions "valid procedures that end life," but the actual implementation of euthanasia or assisted dying awaits future regulation.
Frequently Asked Questions about Cuba's New Health Law
What is the purpose of the National Registry of Health Professionals and Technicians?
The National Registry of Health Professionals and Technicians aims to allow the Minister of Public Health to oversee the certification and conduct of healthcare workers, with the power to suspend or reinstate them for ethical or technical reasons.
How does the new law affect patient rights?
The law introduces patient rights such as informed consent and the right to refuse treatment. However, these rights are limited by the healthcare system's authority to set protocols and regulations.
What role does the National Commission of Medical Ethics play under the new law?
The National Commission of Medical Ethics is responsible for supervising the professional and ethical conduct of healthcare personnel, with smaller commissions operating at various territorial levels to ensure compliance.