Federal Law No. 10/2008 dated 16/12/2008.

Federal Decree-Law no. 18 dated 04/09/2023

In application of the provisions of the present Decree-Law, the following terms and expressions shall have the meanings assigned thereto unless the context otherwise requires:

State: UAE

Ministry: Ministry of Health and Prevention

Minister: Minister of Health and Prevention

Health Authority: The Ministry or federal or local government entity concerned with health affairs in the State.

Profession: A medical profession or any profession related thereto, determined by virtue of a decision issued by the Minister.

Practitioner: A person engaged in the practice of a medical profession or one of the professions related thereto, that shall be determined by a decision issued by the Minister.

Sex Reassignment: Change of the sex of a person whose sexual identity, whether male or female, is clear; whose physical sexual traits match his physiological, biological and genetic characteristics and whose sexual identity, male or female, is not suspicious. This definition also means deviation in the sex correction process into a sexual identity that is different from the one determined according to medical tests.

Sex Correction: Medical intervention aiming at correcting the sex of a person whose sexual identity is unclear to an extent that it is confusing if male or female, such as having physical sexual traits that do not match his physiological, biological and genetic characteristics, like someone whose traits show that he/she is a male while he/she is a female and vice versa.

Cloning: The production of a genetic duplicate of an existing human through somatic cell nuclear transfer involving putting the nucleus of a body cell into an egg from which the nucleus has been removed. The resulting cell proliferates to form an embryo that constitutes a genetic copy that is almost identical to the bearer of the somatic cell.

The provisions of the present Decree-Law shall apply to all the practitioners in the State.

Whoever practices the profession in the State shall perform the duties of his job in line with the requirements of accuracy and honesty and in accordance with the recognised scientific and technical rules, in order to ensure that necessary care is provided to the patient without any abuse of his need for the purpose of gaining illegal benefit for himself or for a third party without discrimination among patients. Moreover, he shall abide by the legislations applicable in the State.

Without prejudice to the obligations prescribed in the applicable legislations, the doctor shall in particular carry out the following obligations:

1- Abiding by the rules, regulations and procedures governing the practice of the profession, depending on his grade and specialisation field.

2- Registering the health condition of the patient as well as his personal and family medical history before commencing diagnosis and treatment.

3- Using the diagnostic and treatment means available and required for a pathological condition.

4- Using the medical tools and devices needed in the diagnosis and treatment of the patient attentively and in accordance with the scientific rules recognised.

5- Enlightening the patient about the treatment options available.

6- Prescribing the medication, determining its quantities as well as the method of its use in writing and clearly, and indicating his name and signature and the date of the medical prescription. The patient or his family, as the case may be, shall be alerted about the need to abide by the method set thereby for the treatment.

7- Informing the patient about the nature of his illness and the degree of its seriousness, unless his interest requires otherwise or if his psychological condition does not permit informing him of his illness. Any of the patient’s family members or his relatives or companions shall be informed of his illness in the following cases:

a- If deemed to lack legal capacity or to have reduced legal capacity.

b- If his health does not permit informing him personally and there is no one designated to be informed for him.

8- Informing the patient or his family members about the complications that could result from the diagnosis, medical treatment or surgical intervention prior to the commencement of its application, monitoring such complications and treating them whenever possible.

9- Cooperating with other doctors who are concerned with the treatment of the patient, providing every information he has on his health condition and the method he used in the application of his treatment, whenever asked to do so and consulting a specialist colleague if the situation so requires.

10- Cooperating with practitioners who are concerned with the patient's health condition.

11- Reporting any suspicion that anyone is affected with any of communicable diseases in accordance with the procedures specified in the legislations regulating the control of communicable diseases.

The doctor shall be prohibited from carrying out the following:

1- Treating the patient without his consent with the exception of cases that require emergency medical intervention, where the obtainment of the approval is impossible for any reason whatsoever or where his illness is contagious and poses threat to public health and safety. The consent of a patient lacking capacity may be considered sufficient for examination and diagnostic and the first dosage of treatment, provided that any of the patient’s relatives or companions are informed of the plan of said treatment.

2- Abstaining from treating a patient in cases of emergency or dropping out the treatment in all cases, unless the patient has breached the instructions set by the doctor or the abstention or drop out are caused by reasons beyond the control of the doctor, without prejudice to the provisions of Articles (9) and (10) of the present Decree-Law.

3- Abstaining from treating a patient or rescuing an injured person unless his condition is outside his competence, and in this case he must do to him the first aid and then lead him to a specialist doctor or the nearest health facility if he so desires.

4- Using unauthorised or illegal means in dealing with the health status of the patient.

5- Prescribing any treatment before physical examination. The health authorities may develop a system to provide telehealth services in accordance with the terms and conditions determined in the implementing regulation of the present Decree-Law.

6- Disclosing the patient’s secrets that come to his knowledge during or due to the practice the profession whether the patient has entrusted such secret to the doctor or the latter had discovered it himself. This prohibition shall not apply in any of the following cases:

a- If the disclosure was done at the patient's request or consent.

b- If the disclosure is for the benefit of the husband or the wife and was personally disclosed to any of them.

c- If the purpose of the disclosure of the secret is to prevent or report an offence. In such case, disclosure shall be made to the competent official authority only.

d- If the doctor is assigned by a judicial or official investigative authority in the State as an expert if one of them has summoned him as a witness in an investigation or a criminal lawsuit.

e- If the doctor is assigned by any of the insurance agency or the employer to conduct the examination within the limits of the purpose sought from the assignment.

f- If the disclosure is done at the request of the health facility and the purpose of such disclosure is to protect public health in accordance with the conditions and controls set in the implementing regulation of the present Decree-Law.

g- If the purpose of the disclosure is that the doctor defends himself before the investigative body or any judicial authority and as required by the need to defend.

7- Performing a physical examination on a patient of the opposite sex without the presence of a third party and without the prior consent of the patient, unless otherwise required.

8- Accommodating the patients in other than the places prepared for that, except as required in emergency cases.

9- Performing sex-change operations.

10- Carrying out medical procedures or unnecessary surgeries to the patient without his informed consent.

Medical error is committed by a practitioner as a result of any of the following reasons:

1- Ignorance of technical matters which are supposed to be known by every practitioner with same grade and specialisation.

2- Failing to abide by the recognised professional and medical rules.

3- The lack of due diligence.

4- Negligence and failure to follow caution.

The implementing Regulation of the present Decree-Law shall specify the standards of gross medical error.

Sex correction operations may be performed according to the following controls:

1- The person's sex identify shall be confusing and unclear if male or female.

2- The person shall have physical sexual traits that do not match his physiological, biological and genetic characteristics.

3- The facts contained in the provisions of paragraphs (1 and 2) of this Article shall be proved by medical reports and the approval of a specialised medical Committee established by the health authority shall be obtained in order to determine the sex of the patient and approve the correction process. The Committee shall refer the matter to the psychiatrist to make the necessary psychological preparation.

1- With the exception of emergency cases that require immediate surgical intervention to save the life of a patient or a foetus and to avoid the occurrence of any serious complications to them, no surgical operations may be done unless subject to the following:

a- The doctor who is conducting the surgery shall be qualified to conduct same according his scientific specialisation, work experience and the degree of accuracy and seriousness of the surgical operation.

b- The necessary laboratory tests and analyses shall be done to make sure that the surgical intervention is necessary and appropriate for the treatment of the patient and it shall be verified that the health condition of the patient allows the performance of the surgery.

c- A written consent shall be obtained from the patient if the latter enjoys full legal capacity, or from one of the spouses or a patient's relative up to the fourth degree if he lacks legal capacity or has reduced legal capacity or in case it is impossible to obtain his approval, to perform the relevant surgery or any other necessary surgery, after informing him of the potential effects and medical complications that would result from the surgery. Whoever reaches 18 years of age shall be deemed eligible for the approval, unless he has no legal capacity.

d- If it is impossible to obtain the consent of the patient or his spouse or any of the patient's relatives up to the fourth degree, it shall be sufficient to obtain a report from the attending physician and another physician from the same health facility and its manager to confirm that the patient needs the surgery unless he enjoys full legal capacity and in case it is impossible to obtain any of those approvals.

e- The surgery shall take place in a health facility that is fully prepared for the performance of the relevant surgery.

2- The cases of special nature specified in the implementing regulation of the present Decree-Law, the provision related to surgical operations rule surgical procedures shall apply in accordance with the provisions of the present Article and in line with these cases.

Without prejudice to the provisions prescribed with respect to the control of communicable diseases, the following shall be taken into account:

1- The patient may not be taken outside the health facility, except in the following cases:

a- If his health condition permits same according to the recognised medical rules.

b- If he should be transferred to another facility to complete his treatment, provided that proper health transportation requirements are met and the patient is not damaged in the transfer process.

c- Based on the patient's request if he enjoys full capacity, although he is informed of the consequences of leaving without medical advice; and an acknowledgment of responsibility shall be obtained from him.

d- A written consent shall be obtained from one of the doctors at the facility if the patient lacks legal capacity or has reduced legal capacity, along with an acknowledgment of responsibility from his guardian or custodian for his transfer to another health facility.

2- No one may stay in a medical facility with no medical excuse without its consent.

1- The life of the patient may not be ended for any reason whatsoever, even if based on the patient’s request or the request of his guardian or his custodian.

2- The resuscitation equipment connected to the patient may not be removed unless in case of complete stoppage of the heart and the lungs or of all the brain functions, in accordance with the accurate medical standards on which a decision shall be issued by the Minister and when the doctors say that such stoppage is final.

Allowing natural death, without performing CPR on a person who is dying, is permitted subject to the following conditions:

1- If the patient suffers from a disease that is often incurable.

2- If all methods of treatment are exhausted.

3- If it is proven that treatment is futile in such a situation.

4- If the attending physician advises not to perform CPR.

5- If at least three of the consultant physicians estimate that the patient's best interest requires allowing natural death and not to perform CPR. In this case, it is not necessary to obtain the consent of the patient, or his guardian or his custodian.

6- The doctors may not abstain from performing resuscitation in the case of an explicit request from the patient, even if resuscitation is futile.

1- Performing human cloning operations, and conducting research and experiments and applications with a view to clone a human being are prohibited.

2- It is prohibited to conduct research or medical experiments on a human being unless based on his consent and a written approval from the authority specified in the implementing regulation and according to the conditions prescribed in said regulation.

No prosthesis may be placed in someone’s body of a person unless it is verified that they are suitable to him and do not cause any harm to his body, and after preparing his body to receive them.

Assisted Reproductive Technology for women or embryo implantation may only be carried out according to the provisions of the legislation in force in the State in this regard.

No action or intervention may be carried out with view to regulate reproduction unless at the request or with the consent of the couple, and no action or intervention may be carried out with a view to control birth for women unless based on the opinion of a specialised medical committee, formed of three doctors at least, that pregnancy or delivery threaten the mother's life, and after the written consent of the wife and the notification of the husband.

A doctor may not conduct any abortion operation or make a prescription intended to result in abortion, except in the following cases:

1- If the continuation of the pregnancy endangers the life of the pregnant woman, after fulfilment of the following controls:

a- In case there is no manner other than abortion to save the life of the pregnant woman.

b- Abortion shall be done at a governmental health facility or a private health facility that is authorised by the Competent Health Authority to carry out abortion operations with the knowledge of a doctor who is specialised in obstetrics and gynaecology and based on the approval of the attending physician monitoring the case requiring abortion.

c- The physicians mentioned in paragraph (b) of this Clause shall draft a report including justifications to carry out the abortion operation, provided that the pregnant woman signs such report as an approval on the abortion. In case it is not possible to get her approval, then it is necessary to get the approval of her spouse or guardian. The health facility and each person signing the report shall keep a copy thereof, and the consent of any of them is not required in emergency cases that necessitate immediate surgical intervention.

2- If foetal malformation is proven to have occurred, subject to the following conditions:

a- The malformation shall be proven in a medical report issued by a medical committee that shall be formed by a decision of the health entity and shall consist of at least three consultants specialised in obstetrics, gynaecology, paediatrics and radiology.

b- The health committee mentioned in paragraph (a) of this Clause shall carry out all medical examinations through the use of scientific techniques, and shall prove the results of the medical examinations using scientific techniques and shall prove the results of the examinations and the impact of the malformation on the embryo in the report.

c- The abortion shall be performed based on the approval of the pregnant woman on the results of the report, and in case of failure to obtain the approval thereof, then it is necessary to obtain the approval of the spouse or guardian.

d- Any other controls determined by the Council of Ministers based on the proposal of the Minister.

3- The Council of Ministers may issue a decision determining other abortion cases allowed as well as relevant controls and procedures, based on the proposal of the Minister, upon coordination with the health entities and other concerned entities.

Medical liability shall not apply in any of the following cases:

1- If the damage has not occurred as a result of any of the reasons specified in Article (6) of this Decree-Law and its implementing regulation.

2- If the damage was caused by the patient's own act or due to his refusal of treatment or his failure to follow the medical instructions issued to him by the persons responsible for his treatment, or due to an external cause.

3- If the doctor has followed a specific treatment method that is different from the methods used by other doctors specialised in the same are as long as such treatment is conformed to the generally accepted medical rules.

4- If the recognised or unexpected effects and medical complications in the field of medical practice and which are not caused by medical error have occurred.

By a decision issued by the Minister or the head of the health authority, as the case may be, an expertise committee shall be formed of doctors that are specialised in all medical specialties and shall be called the "Committee for Medical Responsibility". The implementing regulation shall determine the method of formation of said committee as well as its rules and procedures of action.

Such committees shall solely have the competence to examine the complaints referred to them by the health authority, the public prosecution or the court, and shall determine the extent of expectation of medical error and its seriousness. In case more than one party are responsible, the committees shall determine the extent of participation of each party with the error’s cause, the damages resulting therefrom, the causality between the error and the damage and the percentage of failure of the affected organ if any. The Committee may seek the assistance of experts and of whoever it deems appropriate to perform its functions.

Said Committee shall be subject to the provisions prescribed in the aforementioned Federal Law no. (7) of 2012, without contradicting the provisions of the present Decree Law.

Indemnity actions filed due to medical responsibility shall not be accepted before referring to medical liability committees in accordance with the provisions of the present Decree-Law.

All the complaints with respect to the facts relating to medical error shall be submitted or referred to the health authority, in accordance with the controls prescribed in the implementing regulation.

The health authority shall refer the complaints to the Committee for Medical Responsibility referred to in this Decree-Law.

It shall prepare a justified report determining its opinion on each case presented to it based on what has been proven and after perusing the medical file and other facts and information available to the Committee as a result of its investigations, discussions and technical studies conducted on the case. It shall submit its report to health authority within thirty days from the date of referral. The time limit may be extended for a similar period or more based on the approval of the health authority at the request of the Committee.

The complainant and the practitioner, as the case may be, may challenge the report of the Committee for Medical Responsibility by virtue of a grievance submitted to the competent health authority within thirty days from the date of their legal notification of the report’ conclusion, as prescribed in the implementing regulation.

The competent health authority shall refer the report and all papers and documents related thereto along with the grievance to the Higher Committee for Medical Responsibility provided for in Article (21) of the present Decree-Law.

The Committee’s report shall be deemed final if no complaint was filed against it on the date specified in the first paragraph of this Article.

In this case, no challenge against the medical reports issued thereby may be accepted before any authority.

By a decision of the Cabinet, a permanent technical medical committee called (Higher Committee for Medical Responsibility) shall be formed based on a proposal of the Minister of Health and Prevention after coordination with other health authorities. The decision shall determine the method of formation of the committee as well as its rules and procedures of action, its term of office and the remuneration of its members.

The Committee shall solely have the competence to hear the grievances filed against the reports of the medical liability committees set forth in the present Decree-Law, and shall draw up a reasoned report determining its opinion on every grievance, in accordance with the procedures and rules determined by the Cabinet Decision referred to above.

The Higher Committee may support the report and reject or cancel the grievance, and its report shall be considered final. No challenge of any form may be filed against the medical reports issued by said committee before any authority.

The undersecretary of the Ministry, or the manager in charge in the other health authorities, as the case may be, shall be notified of any investigation conducted with the practitioners reporting to any of them, with respect to the facts relating to their work, whatever was the party conducting the investigation, in accordance with the rules prescribed in the implementing regulation.

The health authority may temporarily suspend the license until the Committee for Medical Responsibility submits its report on the facts relating to the medical error, and it may adopt the same procedure in the event of investigation concerning any other violation of the provisions of the present Decree-Law. The suspension period shall not exceed thirty days renewable for a similar period.

The concerned parties may submit the complaints to the Pubic Prosecution with respect to the facts relating to a medical error, and the Pubic Prosecution shall refer them directly to the competent health authority to take the procedures necessary as set forth in the present Decree-Law.

In all cases no investigation may be done with the practitioners and they may neither be arrested nor remanded as a result of a complaint against them unless the final medical report is received from the health authority, stating that a serious medical error has been committed by the defendant.

The profession may not be practiced in the State without civil liability insurance for medical errors at an insurance company licensed in the State.

Every health facility that receives a visiting physician shall be liable for compensating his medical error towards the affected party, without prejudice to its right to recourse against the perpetrator of the error.

The implementing regulation of the present Decree-Law shall specify the controls necessary for the implementation of the provisions of this Article.

The owner of the facility shall undertake to provide insurance to the practitioners working for him against civil liability for medical errors and shall also undertake to provide insurance to them against the risks arising from the practice of the profession or occurring due to it. The owner of the facility shall bear all the insurance premiums in both cases.

The insurance companies shall legally subrogate the health facilities and the insured persons in their rights and obligations.

1- Whoever violates any of the provisions of Articles (12/1) and (14) of this the present Decree-Law shall be sentenced to imprisonment for no less than two years and no more than five years and to a fine of no less than AED (200,000) and no more than AED (500,000) or to either one of those penalties.

2- Whoever violates the provisions of Article (12) clause 2 and Article (15) of the present Decree-Law shall be sentenced to imprisonment for no less than six months and to a fine of no less than AED (100,000) and no more than AED (200,000) two or to either one of those penalties.

Whoever violates the provisions of Article (13) of the present Decree-Law Shall be sentenced to imprisonment for a period not exceeding three months and a fine of no less than AED (50,000) and no more than AED (100,000) or to either one of those penalties.

Without prejudice to the provisions of Islamic law, whoever violates the provisions of Article (10) of the present Decree-Law shall be sentenced to imprisonment for a period of no less than ten years.

Whoever violates the provisions of Article (5), Clause 9 of the present Decree-Law shall be sentenced to imprisonment for a period of no less than three years and no more than ten years.

Whoever violates the provisions of Article (5), Clauses 2 and 10 of the present Decree-Law shall be sentenced to a fine of no less than AED (10,000) and no more than AED (100,000), unless the violation results in any prejudice to the safety of the patient’s body.

Subject to the provisions of Article (16) of the present Decree-Law, every doctor who engages in the abortion of a pregnant woman deliberately by giving her drugs, or by using means leading to abortion or by guiding her to such means, whether the abortion is done based on her consent or not, shall be sentenced to imprisonment for a period not exceeding 4 years. Should the abortion lead to the death of the victim, the doctor shall be sentenced to imprisonment for a period of no less than five years and no more than ten years.

Whoever is proven to have committed a serious medical error as contained in the present Decree Law shall be sentenced to imprisonment for a period not exceeding one year and to a fine not exceeding AED two hundred thousand or either one of those penalties.

Should the serious medical error cause the death of a person the perpetrator shall be sentenced to imprisonment for a period not exceeding two years and a fine not exceeding five AED hundred thousand dirhams or either one of those penalties.

In event of commission of the crime set forth in the first paragraph of this Article under the influence of alcohol or drugs, the perpetrator shall be sentenced to imprisonment for a period not exceeding two years and a fine not exceeding AED one million.

The victim, his attorney and his heirs or their attorney may request establishing reconciliation with the accused before the competent health authority with respect to the crimes punishable by Article (34) of the present Decree-Law, which shall refer the reconciliation to the Public Prosecution. They may also request establishment of reconciliation before the Public Prosecution. In all cases, the proceedings of the complaint shall be terminated based on such reconciliation.

Reconciliation may take place regardless of the state of the lawsuit, and after the judgment becomes final.

The reconciliation shall result in the termination of the criminal proceedings, and the Public Prosecution shall order the stay of execution of the penalty should reconciliation take place during its execution.

In all cases, reconciliation shall have no effect on the rights of the aggrieved party to resort to civil courts to claim compensation.

Reconciliation shall not apply in case of repetition of the acts mentioned in Article (34) of the present Decree-Law.

The penalties provided for in any other law shall not apply to the acts punishable under the provisions of the present Decree-Law.

The practitioners shall have the same obligations of the doctor to the extent that they are applicable to them.

The implementing regulation shall state the disciplinary rules applicable to the professionals practicing professions related to the medical professions.

The disciplinary penalties prescribed in accordance with the applicable legislations shall apply to offenses for which no penalty is prescribed in the present Decree-Law. The criminal responsibility according to the provisions of the resent Decree-Law shall not prejudice the disciplinary responsibility applicable to offending practitioners.

The private health facilities shall be subject to the provisions of the legislations in force and applicable to private health facilities with respect to disciplinary penalties and penalties relating thereto, for any violation, committed by these facilities, of the provisions of the present Decree-Law and its implementing regulation, which require disciplinary accountability.

The employees designated by decision of the Minister of Justice in agreement with the Minister or the health authorities shall be granted law enforcement authority in proving the violations of the provisions of the present Decree-Law or the decisions issued in implementation thereof.

The Cabinet shall issue the implementing regulation of the present Decree-Law within six months from the date of publication thereof.

Federal Law no. (10) of 2008 on medical responsibility shall be abrogated and Cabinet Decision no. (33) of 2009 issuing the implementing regulation of the Federal Law no. (10) of 2008 on medical responsibility and the decisions issued by virtue of the aforementioned Law, until the issuance of the implementing regulation this Decree-Law, without contradicting its provisions.

Any provision that is contrary to or inconsistent with the provisions of the present Decree-Law shall be abrogated.

The Higher Committee for Medical Responsibility set forth in Federal Law no. (10) of 2008 referred to above shall remain in charge of examining the files referred to it until the date of formation of the Medical Responsibility Committee.

All the pending files shall be referred to the competent medical responsibility committee once formed.

The present Decree-Law shall be published in the Official Gazette and shall come into force as of the date of publication.