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Federal Law on the Practice of Some Medical Professions by Persons Other Than Physicians and Pharmacists

The last update on this law was listed on 31 May 2023

Issued Date

31 May 2023

Effective Date

30 Jun 2023

Official Gazette Date

31 May 2023

Official Gazette No

752 (ملحق 1)

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Article (1) Definitions

For the purpose of applying the provisions of this Law, the following words and expressions shall bear the meanings assigned thereto respectively, unless the context requires otherwise:

State: The United Arab Emirates.

Ministry: The Ministry of Health and Prevention.

Minister: The Minister of Health and Prevention.

Health Authority: The Ministry or any government federal or local authority in charge of health affairs in the State, within their respective areas of competence.

Health Facility: A facility that provides health services to persons, including prevention, treatment and convalescence.

Health Profession: A Health Profession other than physician or pharmacist, as identified by a Cabinet resolution, at the proposal of the Minister, in coordination with Health Authorities.

License: A permit issued by the Health Authority whereby the Health Profession is allowed to be practiced.
 

Article (2) Objectives of the Law

This Law shall aim to:

1. Regulate the practice of the Health Profession and protect the society from illegal practices of such profession; and

2. Establish the principles and standards necessary for practicing the Health Profession, so as to achieve the best health services to members of the society.

Article (3) Scope of Application

The provisions of this Law shall apply to any person who practices the Health Profession in the State, including free zones.

Article (4) Practice of the Health Profession

No person may practice the Health Profession unless he is licensed by the Health Authority, pursuant to the provisions of this Law and its Executive Regulations and the resolutions issued in implementation thereof.

Article (5) Licensing Conditions

In order for the License to be issued, the license applicant shall:

1. Be a holder of an academic certificate or degree recognized in the State in the field of the Health Profession he desires to practice;

2.Be a person of good conduct and behavior, and have never been convicted in a felony or misdemeanor involving moral turpitude or dishonesty, unless he has been rehabilitated;

3.Be medically fit to perform his job duties;

4.Fulfil the standards for licensing the Health Profession practitioners in the state identified by a Cabinet resolution, at the proposal of the Minister, in coordination with the Health Authorities; and

5.Fulfil any other conditions or controls defined by the Executive Regulations of this Law.

Article (6) License Applications

The Health Authority shall receive and decide on the License applications. The Executive Regulations of this Law shall define the provisions governing the License applications, particularly:

1. Mechanisms, procedures and time limits for submitting and deciding on the License applications;

2. Mechanisms and time limits for filing grievances against decisions rejecting such applications; and

3. Types, terms and renewal mechanisms of the Licenses issued by the Health Authority.

Article (7) Obtaining other Licenses and Necessary Permits

Obtaining the License, pursuant to the provisions of this Law, shall not relieve the applicant from obtaining other mandatory licenses and permits prescribed by the legislation in force in the State.

Article (8) Ethics, Professional Conduct and Duties of the Health Profession Practitioner

Without prejudice to the obligations prescribed by the legislation in force in the State, a Health Profession practitioner shall:

1. Perform his work within the scope of the License granted to him and the license of the Health Facility he works for;

2. Be familiar with the federal and local legislation related to the practice of the Health Profession, adhere to its provisions, follow up on any amendments introduced thereto and act accordingly;

3. Perform his job duties as accurate and honest as required by the Health Profession, in conformity with the recognized scientific and technical norms, and in such a manner as to achieve the necessary care for patients;

4. Not exploit a patient's need for realizing an unlawful benefit for oneself or for third parties;

5. Preserve the dignity and honor of the profession;

6. Communicate and cooperate with workers in the field of the profession;

7. Adhere to the code of ethics and professional conduct of the Health Profession Practitioners issued by the Ministry;

8. Accurately record patients' information;

9. Inform the attending physician of all information related to a patient within his functions;

10. Preserve the tools and equipment he used or that are entrusted to him and report any malfunction afflicting the same;

11. Treat patients respectfully, without discrimination and humanly, taking into account different cultures, and take necessary actions to provide assistance to them;

12. Develop his self-skills and keep up with updates in the area of his specialty;

13. Be constantly ready to transfer his expertise to persons who is assigned to train;

14. Report to his direct superiors, the management of the Health Facility he works for or the Competent Authority, as the case may be, of injuries and incidents of criminal suspicion, once a case is detected, and draw up a detailed report on the same; and

15. Report cases of communicable diseases that came to his knowledge or under suspicion, pursuant to the provisions of Federal Law No. (14) of 2014, on the Control of Communicable Diseases, and the Executive Regulations thereof.

Article (9) Register of the Health Profession Practitioners

1. A national register shall be created at the Ministry in which all data of the Health Profession practitioners licensed to practice the Profession in the State shall be recorded.

2. A special register shall be created in the Health Authority in which all data of the Health Profession practitioners licensed by the same, within its competence, shall be recorded. Such register shall be connected to the national register in the Ministry, as per the mechanisms identified by the Ministry, in coordination with the Health Authority.

3. The Executive Regulations of this Law shall define and update the conditions and procedures of registration in such registers.

Article (10) Physical Fitness

1. If a Health Profession practitioner is afflicted by a disease or disability made it unfit to practice the profession, the Health Authority shall decide to revoke his License in full.

2. If the Health Authority finds that the Health Profession practitioner is partially unfit, which does not fully prevent him from practicing the Health Profession, it shall decide the functions that may be practiced by him according to his physical fitness.

3. By virtue of a resolution of the Minister or chairman of the Health Authority, as the case may be, a committee shall be formed to consider the fulfillment of the physical fitness conditions. Such resolution shall define the committee's functions and rules of procedure. The committee shall submit its recommendations to the Health Authority to decide thereon.

4. A person, against whom any of the decisions referred to in Clauses (1) and (2) above is issued, may file a grievance to the Minister or chairman of the Health Authority, as the case may be, within (30) thirty days following the date on which the decision comes to his knowledge. The grievance shall be decided on under a reasoned decision within (15) fifteen days following the date of being filed. The lapse of such time limit without a response shall constitute a rejection of the grievance, and the decision issued on the grievance shall be final.

5. A person, against whom any of the decisions referred to in Clauses (1) and (2) above is issued, may, if his health condition, based on which his License has been fully or partially revoked, is improved, request the Health Authority to refer him to the committee referred to in Clause (3) above to reconsider his physical fitness to fully or partially practice the profession. A grievance may be filed against the decision issued on this case according to the same procedures set forth in Clause (4) above.

Article (11) Revocation of the License

1. Subject to Article (10) of this Law, the License shall be revoked in any of the following cases:

a. Failure to satisfy any condition of the License;

b. Where a final disciplinary decision revoking the License is issued;

c. A final judgement is rendered depriving the practitioner from practicing the Health Profession; and

d. Failure to practice the Health Profession for the period defined by the Executive Regulations of this Law.

2. A person whose license has been revoked may apply for a new license, in accordance with the conditions and controls defined by the Executive Regulations of this Law.

Article (12) Prohibitions

A practitioner of the Health Profession shall be prohibited from:

1. Carrying out a function beyond the scope of his functions or the license granted to him, except in cases that require immediate intervention for saving life;

2. Carrying out a function that the resources available to him do not allow to carry out the same except in emergencies, and in this case, first aids required to save life can be made;

3. Practicing the Health Profession in an unlicensed place, except in the cases defined by the Executive Regulations of this Law;

4. Selling medicines or sample medicines to patients, advertising and promoting some medicines or advising a patient to buy medicines from a specific pharmacy;

5. Submitting forged documents or incorrect data to the Health Authority or employer;

6. Practicing any functions that conflicts with the rules for practicing the Health Profession;

7. Marketing oneself directly or through an intermediary, or by any means of publication or publicity, and the Executive Regulations of this Law shall define the exceptions to this prohibition; and

8. Disclosing patient's secrets that come to his knowledge during or due to the practice of the profession, whether the patient has entrusted this secret to him or he accessed thereto by oneself, subject to the provisions of the legislation in force in this regard.

Article (13) Disciplinary Sanctions

1. Without prejudice to the criminal penalties set forth this Law or any other laws, the Health Authority may, within the scope of its competence, as the case may be, hold a health practitioner disciplinarily accountable if he violates the provisions of this law, the Executive Regulations thereof or the resolutions issued in implementation thereof.

2. Disciplinary sanctions that may be imposed on the Health Profession practitioner in breach shall be as follows:

   a. Written reprimand;

   b. Written notice;

   c. A fine of not less than (AED 1000) one thousand dirhams and not more than (AED 50,000) fifty thousand dirhams;

   d. To temporarily suspend the License, in whole or in part, for a period not exceeding (6) six months;

   e. Partial revocation of the License; and

   f. Revoking the license and removing his name from the register.

3. Any of the above disciplinary sanctions may imposed only after hearing the statements of the violator and allowing him to show his defense. If he fails to appear without a reasonable excuse, though he is so notified, the sanction may be imposed on him.

Article (14) Filing a Grievance Against Disciplinary Sanctions

1. A person, against whom a disciplinary sanction decision is issued, pursuant to Article (13) above, may file a grievance against it to the Minister or chairman of the Health Authority, as the case may be, within (15) fifteen days from the date on which the decision comes to his knowledge.

2. The grievance shall be decided on within (30) thirty days from the date of submission under a reasoned decision. Failure to reply to the grievance within such time limit shall serve as a rejection thereof.

3. A decision issued on the grievance shall be final.

Article (15) Penalties

The application of the sanctions set forth in this Law shall not prejudice any severer penalty set forth in any other law.

Article (16)

1. The imprisonment sentence and/or a fine not less than (AED 50,000) fifty thousand dirhams and not more than (AED 100,000) one hundred thousand dirhams shall be imposed on any person who:

a. Practices the Health Profession without obtaining the License, pursuant to the provisions of this Law, and does not fulfil the conditions authorizing him to obtain the same;

b. Submits invalid documents or data or resorts to unlawful methods based on which the License has been unjustly granted to him; and

c. Does not fulfil the License conditions for practicing the profession and use leaflets, billboard, signage or any means of publication leading the public to believe that he is licensed to practice the Health Profession.

2. The judgement of conviction of a crime, as set out in Paragraph (b) of Clause (1) above, shall be followed by revoking the license issued and removing the name of the Health Practitioner from the register of the profession practitioners, as of the date on which a final judgement is rendered.

3. In addition to the judgement of penalty prescribed under this Article, the court may adjudicate to close the premises allocated to practice the Health Profession.

Article (17)

1. A fine not less than (AED 10,000) ten thousand dirhams and not more than (AED 100,000) one hundred thousand dirhams shall be inflicted on any person who fulfils the conditions authorizing him to obtain a license for practicing the Health Profession and commits any of the following acts:

a. Practiced the Health Profession before obtaining the License;

b. Used leaflets, billboards or signage or any means of publication before obtaining the License, which led the public to believe that he is licensed to practice the Health Profession.

2. In addition to the judgement of penalty prescribed under Clause (1) above, the court may adjudicate to close the premises allocated by the violator to practice the Health Profession.

Article (18) Judicial Enforcement Police

Employees named under a resolution issued by the Minister of Justice, in agreement with the Minister or chairman of the Health Authority, shall have the capacity of judicial enforcement officers to detect violations of the provisions of this Law, the Executive Regulations thereof or the resolutions issued in implementation thereof, within the competence of each one of them.

Article (19) Adjust of Affairs

Practitioners of the Health Profession licensed before the provisions of this Law enter into force shall adjust their status, pursuant to the provisions thereof, during the remaining period up to the expiry of the Licenses issued to them, or within (6) six months from the effective date of the Executive Regulations, whichever is longer, and the Minister may extend such time limit up to twice.

Article (20) Executive Regulations

The Cabinet shall issue, at the proposal of the Minister, after coordinating with the Health Authority, the Executive Regulations of this Law, within (6) months from the date on which this Law enters into force.

Article (21) Repeals

1. Federal Law No. (5) of 1984, on the Practice of Some Medical Professions by Persons Other Than Physicians and Pharmacists, and any provision contradicting or in conflict with the provisions of this Law, shall hereby be repealed.

2. The resolutions issued in pursuance of the provisions of Federal Law No. (5) of 1984, on the Practice of Some Medical Professions by Persons Other Than Physicians and Pharmacists, shall remain in force, until the substitute resolutions are issued pursuant to the provisions of this Law.

Article (22) Publication and Entry into Force

This Law shall be published in the Official Gazette, and shall enter into force (30) thirty days following the publication date.

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