Legislation Details
- Full Title: Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues
- Law Type: Federal Decree-Law
- Law Number: (25) of 2023
- Issued Date: 19 Sep 2023
- Effective Date: 29 Oct 2023
- Official Gazette: No. 760
- Sector: Healthcare
- Status: Active
- Number of Articles: 90
- Chapters/Parts: 0
- Amendments: 1
Summary
The Federal Decree-Law Concerning Donation and Transplantation of Organs and Tissues regulates the operations and procedures for the removal, transfer, transplantation, and donation of human organs, parts thereof, and tissues within the UAE, including free zones. The law aims to support the culture of organ and tissue donation, ensure fair distribution to patients, protect the rights of donors and recipients, combat organ trafficking, apply innovative solutions, and enhance international cooperation in this field. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 1-3)
This law is significant for businesses and individuals in the UAE as it establishes a comprehensive framework for organ and tissue donation and transplantation. It sets licensing requirements for healthcare establishments and doctors, creates a National Centre to regulate the process, and imposes penalties for non-compliance. The law also provides incentives and benefits for donors, ensuring the availability of organs and tissues for those in need. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 4-20)
What is the scope and purpose of this law?
The provisions of this Federal Decree-Law apply to the operations and procedures for the removal, transfer, transplantation, and donation of organs, parts thereof, and human tissues that take place within the UAE, including free zones, as well as organs, parts thereof, and human tissues that are transported to and from the UAE. The law does not apply to the transfer and transplantation of stem cells and blood cells, or the removal of organs, parts thereof, or human tissues for the purposes of conducting scientific experiments and clinical studies. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 2)
The objectives of this law are to support the culture of organ and tissue donation, ensure the fair distribution of donated organs and tissues to patients, protect the rights of donors and recipients, combat trafficking in human organs and tissues, apply innovative solutions, and enhance opportunities for international cooperation in this field. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 3)
What are the key definitions under this law?
- State: United Arab Emirates
- Ministry: Ministry of Health & Prevention
- Minister: Minister of Health & Prevention
- Health Authority: The local governmental body concerned with regulating health affairs in the State, each within the limits of its jurisdiction
- National Centre: The National Centre for Donation and Transplantation of Human Organs and Tissues established in the Ministry
- Person: Anyone who has completed eighteen (18) calendar years of age, who enjoys his mental faculties and is not affected by any of the Impediments to legal capacity
- Death: The complete departure of life from the body, definitely and authoritatively, either by complete, final and irreversible cessation of the functions of the circulatory and respiratory systems, or complete, final, and irreversible cessation of brain functions, making doctors decide that this cessation is irreversible, in accordance with the precise medical standards determined by a resolution issued by the Minister after coordination with health authorities
- Organ: A group of interconnected human tissues and cells taken from the body of a living person or the body of a deceased person, and involved in specific vital functions in the human body
- Tissue: A mixture of organic compounds, such as cells and fibres that do not form an organ, and constitute altogether an anatomical entity, compatible with the work of the tissue, such as skeletal, muscle or nerves tissue, and it includes human and non-human tissue
- Organ Removal: Removing an organ or part thereof, or tissue, with the aim of transplanting it into the body of a living person for therapeutic purposes
- Transplantation: Replacing an organ or tissue that has stopped or failed to perform its function with a donated organ, part thereof, or healthy tissue
- Donation: A legal act indicating that a person agrees, during his life or after his death, with the consent of his relatives specified in Article (12) of this Law by Decree, to remove one or more organs, part thereof, or human tissue, with the aim of transplanting it into the body of a living person without compensation
- Will: A legal act indicating that a person agrees to have one or more organs, part thereof, or human tissue removed from him after his death without compensation
- Executive Regulation: The Executive Regulation issued pursuant to the provisions of Article (33) of this Law by Decree
(Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations and requirements:
- It is prohibited to remove and transplant organs, parts thereof, and human tissues except by specialized doctors who are licensed to do so, and in health establishments licensed to do so by the Ministry or Health Authority. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 4)
- The National Centre is responsible for regulating donation procedures and the operations of removing, preserving, distributing, transferring, and transplanting organs, parts thereof, and human tissues. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 5)
- Every person may donate during his life or bequest the donation after his death of any of his organs, parts thereof, or tissues. The expression of desire or will must be written and documented. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 6)
- It is prohibited to remove and transplant any organ, part thereof, or human tissue among living people except as a donation, with limited exceptions. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 7)
- The licensed health establishment must provide complete health care and psychological support to both the living donor and the recipient before, during, and after the removal and transplantation procedure. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 9)
What licensing, registration, or approval requirements exist?
The law requires that the removal and transplantation of organs, parts thereof, and human tissues can only be performed by specialized doctors who are licensed to do so, and in health establishments licensed to do so by the Ministry or Health Authority. The Executive Regulation shall specify the controls for licensing and renewing the license of each health establishment and the specialized doctors. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 4)
As an exception to the general prohibition on living donations, donations may be made for cases other than those specified in the law, provided that the approval of a special committee is obtained. The committee must ensure that the competent doctor completes the required reports and examinations, and verifies that there is no suspicion of organ trafficking. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 7)
What rights and protections does this law provide?
The law provides several rights and protections for donors and recipients:
- It protects the rights of both the donor and the recipient, and provides them with appropriate health care before, during, and after the removal and transplantation procedure. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 3)
- The law requires the licensed doctor to inform the donor before removing the organ, part thereof, or human tissue of the confirmed and potential health consequences, and any other possible effects that may occur in their personal, family, or professional life. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 8)
- The law ensures the fair distribution of donated organs, parts thereof, and human tissues to patients according to their health conditions, without regard to gender, race, religion, social or financial status. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 3)
Which authorities or bodies are responsible for enforcement?
The National Centre for Donation and Transplantation of Human Organs and Tissues, established within the Ministry of Health & Prevention, is responsible for regulating donation procedures and the operations of removing, preserving, distributing, transferring, and transplanting organs, parts thereof, and human tissues. The National Centre's specific competences include:
- Proposing and developing policies and standards for licensing health establishments and doctors
- Supervising and controlling licensed health establishments
- Providing the appropriate conditions for the success of removal, preservation, transfer, and transplantation operations
- Supervising the training and continuous development of licensed doctors and other health professionals
- Preparing studies and research related to organ and tissue donation and transplantation
- Promoting the culture of organ and tissue donation
- Establishing and managing a national database related to organ and tissue donation and transplantation
- Cooperating with regional and international organizations in this field
(Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 5)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. The legislation states that "Penalties" is one of the topics covered, but the source text provided does not include the actual penalty provisions.
When did this law come into effect?
The Federal Decree-Law Concerning Donation and Transplantation of Organs and Tissues was issued on 19 September 2023 and came into effect on 29 October 2023. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 36)
How does this law interact with other UAE legislation?
This Federal Decree-Law repeals Federal Law by Decree No. (5) of 2016 Regulating Donation and Transplantation of Human Organs and Tissues. (Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Art. 35)
The law also references the following related legislation:
- The Constitution of the United Arab Emirates
- Federal Law No. (1) of 1972 Concerning the Competences of Ministries and Powers of Ministers, as amended
(Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues, 2023, Preamble)
Source Documents
This article analyses Federal Decree by Law Concerning Donation and Transplantation of Organs and Tissues for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.