Legislation Details
- Full Title: Federal Law Concerning Private Health Facilities
- Law Type: Federal Law
- Law Number: [number] of 2015
- Issued Date: 25 Mar 2015
- Effective Date: 01 Oct 2015
- Official Gazette: No. 577
- Sector: Healthcare
- Status: Active
- Number of Articles: 64
- Chapters/Parts: 0
- Amendments: 2
Summary
The Federal Law Concerning Private Health Facilities regulates the establishment, operation, and management of private healthcare facilities in the United Arab Emirates. The law aims to ensure the provision of high-quality healthcare services by setting licensing requirements, operational standards, and enforcement mechanisms. It applies to all private health facilities, including those in free zones, and empowers the Ministry of Health to oversee compliance. The law's practical impact is to enhance patient safety, promote transparency, and strengthen the regulatory framework for the private healthcare sector in the UAE. (Federal Law Concerning Private Health Facilities, 2015, Art. 1-2)
What is the scope and purpose of this law?
The law applies to all private health facilities operating in the UAE, including those in free zones. It regulates the establishment, operation, and management of these facilities to ensure the provision of quality healthcare services. The law empowers the Ministry of Health or other designated health entities to oversee private health facilities and enforce compliance with its provisions. (Federal Law Concerning Private Health Facilities, 2015, Art. 2)
What are the key definitions under this law?
- The State: The United Arab Emirates
- The Ministry: The Ministry of Health
- The Minister: The Minister of Health
- The Health Entity: The Ministry of Health or any other local or federal government entity concerned with health affairs in the UAE
- The Concerned Entity: Any entity directly or indirectly related to the application of the law's provisions
- Private Health Facility: A private facility providing healthcare services to people, including prevention, treatment, and convalescence, whether owned or managed by a natural or legal person
- The Concerned Department: A department concerned with licensing and health regulation in the Health Entity
- The Committee: A committee formed at the Health Entity to consider violations of health facilities and their personnel
- The Competent Court: The Court of First Instance within the jurisdiction of which the health facility is located
(Federal Law Concerning Private Health Facilities, 2015, Art. 1)
What are the main obligations and requirements?
Private health facilities must: 1. Obtain a license from the Health Entity before establishing, operating, or managing the facility (Art. 3) 2. Comply with international standards set by the Health Entity and provide mechanisms to develop and evaluate health services (Art. 3) 3. Be managed by personnel with the necessary qualifications (Art. 5) 4. Enter into insurance contracts covering risks, patients, accompanying persons, and personnel (Art. 11) 5. Apply all health, environmental, and safety conditions approved by the relevant authorities (Art. 12) 6. Provide health data and statistics requested by the Health Entity (Art. 12) 7. Enable patients to view prices of health services and accommodation (Art. 12) 8. Ensure effective communication systems to remove language barriers (Art. 12) 9. Use Arabic language in signage, along with any other language (Art. 12) 10. Comply with emergency and disaster plans (Art. 12) 11. Observe patients' rights set out in UAE laws and regulations (Art. 13) 12. Obtain consent from the Health Entity before closing the facility (Art. 14) 13. Develop a bylaw for the facility's operations (Art. 15) 14. Provide services according to the approved standards (Art. 16) 15. Only employ licensed healthcare professionals (Art. 17)
(Federal Law Concerning Private Health Facilities, 2015, Art. 3, 5, 11-17)
What licensing, registration, or approval requirements exist?
Private health facilities must obtain a license from the Health Entity before establishing, operating, or managing the facility (Art. 3). The Executive Regulation sets forth the technical and health requirements, licensing procedures, facility types, activities, and license validity (Art. 3). The Concerned Department decides on licensing applications, and denials must be justified (Art. 6). Licensing decisions can be appealed to the Minister or Health Entity head, and then to the Competent Court (Art. 7). Licenses expire in certain circumstances, such as facility closure, non-renewal, or permanent closure by court order (Art. 8). Changes to the facility's place, ownership, activity, or technical requirements require the Health Entity's consent (Art. 10).
(Federal Law Concerning Private Health Facilities, 2015, Art. 3, 6-8, 10)
Which authorities or bodies are responsible for enforcement?
The Ministry of Health or other designated Health Entities are responsible for enforcing the provisions of this law. The Concerned Department within the Health Entity decides on licensing applications (Art. 6). The Committee formed at the Health Entity considers violations of health facilities and their personnel (Art. 20). The personnel of the Health Entity determined by the Minister of Justice have the capacity of judicial officers to prove violations of the law (Art. 19).
(Federal Law Concerning Private Health Facilities, 2015, Art. 6, 19-20)
What are the penalties for non-compliance?
The law imposes the following penalties for non-compliance: 1. Disciplinary penalties that can be imposed on the manager, operator, or employees of a private health facility: a. Warning b. Fine of AED 1,000 to AED 500,000 c. Suspension from work for up to 6 months d. Permanent suspension from work (Art. 21) 2. Disciplinary penalties that can be imposed on the private health facility: a. Warning b. Fine of AED 1,000 to AED 1,000,000 c. Temporary closure (full or partial) for up to 6 months d. Permanent closure (full or partial) (Art. 21) 3. Criminal penalties of imprisonment for at least 6 months and/or a fine of at least AED 100,000 for: a. Establishing or operating a facility without a license b. Operating a facility subject to a closure order c. Providing false documents or data to obtain a license d. Employing unlicensed healthcare professionals e. Closing a facility without the Health Entity's approval (Art. 23)
(Federal Law Concerning Private Health Facilities, 2015, Art. 21, 23)
How are disputes resolved under this law?
Decisions to deny a licensing application can be appealed in writing to the Minister or Health Entity head within 30 days, and then to the Competent Court within 30 days (Art. 7). Disciplinary sanctions imposed by the Health Entity can be appealed to the Minister or Health Entity head within 15 days, and the decision on the appeal is final. However, the decision on the appeal can be further appealed to the Competent Court within 30 days (Art. 22).
(Federal Law Concerning Private Health Facilities, 2015, Art. 7, 22)
When did this law come into effect?
The Federal Law Concerning Private Health Facilities was issued on 25 March 2015 and came into effect on 1 October 2015. (Federal Law Concerning Private Health Facilities, 2015)
Source Documents
This article analyses Federal Law Concerning Private Health Facilities 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.