Introduction
Depression, anxiety, and stress related disorders now rank among the most pressing public health challenges of our time, with prevalence rising sharply across the globe. As mental health has gained greater recognition, the demand for psychotherapy (the “Therapy”) rapidly increased.
Following COVID-19, the shift towards virtual services accelerated, offering greater convenience and accessibility regardless of location. As a result, online therapy (the “Virtual Therapy”) has experienced rapid expansion. However, this growth brings critical questions regarding credibility, safety, and regulatory oversight (the “Concerns”).
We therefore set out below the existing governance framework for Virtual Therapy in Egypt, alongside the associated Concerns.
Background
Therapy is legally defined as a “treatment provided by a psychiatrist or a psychotherapist, under the supervision of a psychiatrist, to assess and cure a human’s maladaptive or dysfunctional responses in emotion, thought, or behaviour; through cognitive, behavioural, humanistic, and other types of therapies”.
Virtual Therapy involves delivering the above treatment remotely via electronic platforms (the “E-Platform/s”).
Virtual Therapy is mainly present in Egypt through the following models:
Perspective
Egyptian healthcare legislation was drafted prior to the digital era. Accordingly, Virtual Therapy operates in a regulatory grey area. The lack of explicit legal frameworks creates potential Concerns, including, but not limited to, the licensing status of psychiatrists or psychotherapists involved (the “Practitioners”) and the sensitive personal health data of relevant patients (the “Data”).
In light of the foregoing, the primary Concerns regarding E-Platforms within the prevailing Egyptian regulatory framework are as follows:
Therapy must be exclusively provided by Ministry of Health-licensed Practitioners. However, because E-Platforms currently lack official regulatory supervision, compliance cannot be guaranteed, except in the case of Licensed E-Platforms. Without official governance, there is no guarantee that unvetted E-Platforms verify Practitioners’ credentials, qualifications, authorisations, or adherence to ethical standards.
Furthermore, only psychiatrists are authorised to diagnose mental health conditions, prescribe medication, and authorise hospitalisation. Consequently, in unregulated E-Platform environments, other than Licensed E-Platforms, there is a severe risk of psychotherapists overstepping their statutory roles, for example, by attempting to make medical diagnoses or suggest medications.
Moreover, beyond standard licensing, psychotherapists must practise under the supervision of a psychiatrist. Consequently, in unregulated E-Platforms, other than Licensed E-Platforms, the risk of unsupervised practice is elevated.
The provision of Virtual Therapy services involves the handling of Data. Any collection, use, retention, or disclosure of such Data must be carried out in full compliance with the applicable personal data protection regulations in Egypt.
Relying on E-Platforms’ compliance in the absence of proper regulatory oversight, other than in the case of Licensed E-Platforms, presents serious vulnerabilities that may compromise patient privacy.
Relevant key compliance risks include, but are not limited to:
Operating E-Platforms naturally involves the commercial promotion of medical services and of the Practitioners providing them. By law, advertising of medical services must be pre-approved by a legally designated committee.
Additionally, strict ethical guidelines prohibit psychiatrists from publicly endorsing treatments and self-advertising on any platform.
In practice, without strict oversight, E-Platforms, other than the Licensed E-Platforms, may not always adhere to the above requirements.
Notwithstanding the Concerns, no E-Platform-related instances of harm or legal proceedings have been announced to date.
Post-pandemic demand has driven a significant surge in mental health services, leading to widespread adoption of E-Platforms in Egypt. As an illustration of this trend, the Egyptian Ministry of Health launched a free, Licensed E-Platform in 2022, in partnership with the World Health Organization and the University of British Columbia, Canada.
Most importantly, previous ministerial statements have signalled the state’s intention to formulate a specialised legal framework for virtual medical treatment.
E-Platforms represent the inevitable integration of technology and healthcare. Despite being unobjectionable in principle, the regulatory deficit identified above necessitates careful oversight to safeguard public health.
While individual Practitioners in traditional settings may commit violations of the kind described above, the likelihood is significantly amplified on E-Platforms that currently lack adequate oversight, other than Licensed E-Platforms.
The aim is not to reject technology that makes life easier; rather, the objective is to achieve robust governance to ensure that such convenience never compromises human safety. Such governance may take the form of new legislation targeting Virtual Therapy, or the modernisation of existing laws to adapt to the digital age. Egypt is likely to see this shift soon, driven by the relevant authorities’ proactive approach to digitalising the healthcare sector.
Authored by Fagr Muheb, Senior Associate and Alaa Mohamed, Junior Associate.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of ADSERO. This article is intended for general information purposes only and should not be considered or relied on as legal advice. Readers are encouraged to consult with a qualified attorney for specific legal guidance. ADSERO does not guarantee or warrant the accuracy, completeness, or adequacy of the information provided and accepts no liability or responsibility for any errors or omissions in the content.
