Legislation Details
- Full Title: Federal Law On Mental Health
- Law Type: Federal Law
- Law Number: [number] of [year]
- Issued Date: 27 Nov 2023
- Effective Date: 30 May 2024
- Official Gazette: No. 764
- Sector: Healthcare
- Status: Active
- Number of Articles: 128
- Chapters/Parts: 0
- Amendments: 0
Summary
The Federal Law on Mental Health regulates the provision of mental health services in the United Arab Emirates. It aims to protect the rights and dignity of psychiatric patients, promote their integration into society, and reduce the negative impact of mental disorders on individuals, families, and the community. The law establishes a framework for licensing mental health facilities, maintaining a registry of psychiatric patients, and forming oversight committees to ensure compliance with the law's provisions. It outlines the rights of psychiatric patients, the procedures for voluntary and compulsory admission to mental health facilities, and the requirements for treating psychiatric patients, including provisions for compulsory outpatient care. The law also specifies penalties for non-compliance and empowers authorities to enforce its implementation. (Federal Law On Mental Health, 2023)
What is the scope and purpose of this law?
The scope of the Federal Law on Mental Health applies to "everything related to mental health, psychiatric patients, psychiatric health facilities, and any other facility in the country concerned with caring for, or dealing with, psychiatric patients and the workers in any of them, including the free zones" (Art. 3). The law's objectives are to regulate the relationship between psychiatric patients and various parties, provide necessary healthcare, protect the rights and dignity of psychiatric patients, reduce the negative impact of mental disorders, and promote the integration of psychiatric patients into society (Art. 2). (Federal Law On Mental Health, 2023, Art. 2-3)
What are the key definitions under this law?
The law provides the following key definitions:
- Mental Health: A state of psychological and social stability, through which individuals can attain their goals in accordance with their personal capabilities, deal with life pressures, work, be productive, and contribute to society (Art. 1).
- Psychiatric Patient: A person with disturbances in thinking, mood, behaviour, perception, memory, and/or other mental abilities, provided that this leads to a defect in the social, employment, or educational functions or psychiatric suffering of the person (Art. 1).
- Compulsory Outpatient Therapeutic Care: Subjecting a psychiatric patient to treatment against their will outside a mental health facility (Art. 1).
- Voluntary Admission: Admitting a psychiatric patient to a mental health facility of their own volition or the will of their representative for treatment (Art. 1).
- Compulsory Admission: Admitting a psychiatric patient to a mental health facility against their will in the cases stipulated in the law (Art. 1).
(Federal Law On Mental Health, 2023, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations:
- Psychiatric health services may not be provided without obtaining a licence from the health authority (Art. 4).
- Psychiatric health facilities must maintain a special register to record psychiatric patients, and the executive regulations shall specify the data to be included and the duration of its retention (Art. 5).
- Psychiatric patients must be provided with a comprehensive explanation of their rights immediately after entering a mental health facility (Art. 9).
- Psychiatric patients have the right to receive appropriate healthcare services that preserve their dignity and meet their needs (Art. 9).
- Psychiatric patients have the right to file grievances and complaints, and the law establishes a Patient Rights Care Committee to examine such grievances (Arts. 13-14).
(Federal Law On Mental Health, 2023, Arts. 4-5, 9, 13-14)
What licensing, registration, or approval requirements exist?
The law requires that psychiatric health services may not be provided without obtaining a licence from the health authority, in accordance with the conditions and controls specified by the executive regulations (Art. 4). Additionally, psychiatric health facilities must maintain a special register to record psychiatric patients, and the executive regulations shall specify the data to be included and the duration of its retention (Art. 5). (Federal Law On Mental Health, 2023, Arts. 4-5)
What rights and protections does this law provide?
The law provides several rights and protections for psychiatric patients, including:
- Receiving a comprehensive explanation of their rights immediately after entering a mental health facility (Art. 9).
- Respecting their dignity and providing them with appropriate healthcare services (Art. 9).
- Allowing voluntary admission and prohibiting dismissal from a mental health facility without a valid reason (Arts. 17-18).
- Establishing a Patient Rights Care Committee to examine grievances and complaints (Arts. 13-14).
- Providing the right to evaluation and treatment, including the right to object to compulsory admission decisions (Arts. 19-27, 39).
(Federal Law On Mental Health, 2023, Arts. 9, 13-14, 17-18, 19-27, 39)
Which authorities or bodies are responsible for enforcement?
The law establishes the following authorities and bodies responsible for enforcement:
- The Ministry of Health & Prevention and other health authorities in the UAE are responsible for overseeing the implementation of the law (Art. 3).
- One or more "Oversight and Follow-up Committees" are formed in each emirate where mental health services are provided, with the following key responsibilities:
- Following up on reports of compulsory admission cases (Art. 7).
- Issuing approvals for compulsory treatment (Art. 7).
- Supervising mental health facilities and ensuring compliance with the law (Art. 7).
- Reviewing complaints and submitting recommendations to the health authority (Art. 7).
- Deciding on grievances and objections to the Patient Rights Care Committee's decisions (Art. 7).
- The Patient Rights Care Committee is established to examine grievances and complaints from psychiatric patients (Arts. 13-14).
(Federal Law On Mental Health, 2023, Arts. 3, 7, 13-14)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance:
- Article 51: Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for anyone who provides psychiatric health services without a licence.
- Article 52: Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for anyone who fails to maintain the psychiatric patient register or includes false information therein.
- Article 53: Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for anyone who obstructs the work of the Oversight and Follow-up Committee or the Patient Rights Care Committee.
- Article 54: Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for anyone who violates the provisions related to the rights of psychiatric patients.
- Article 55: Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for anyone who violates the provisions related to compulsory admission and treatment.
- Article 56: Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000 for anyone who violates any other provision of the law or the executive regulations.
(Federal Law On Mental Health, 2023, Arts. 51-56)
When did this law come into effect?
The Federal Law on Mental Health was issued on 27 November 2023 and will come into effect on 30 May 2024 (Federal Law On Mental Health, 2023).
Source Documents
This article analyses Federal Law On Mental Health 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.