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UAE

Federal Law Regulating the Practice of the Medical Profession

Analysis of Federal Law Regulating the Practice of the Medical Profession (Federal Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Federal Law Regulating the Practice of the Medical Profession
  • Law Type: Federal Law
  • Law Number: [5] of 2019
  • Issued Date: 30 Apr 2019
  • Effective Date: 30 May 2019
  • Official Gazette: No. 652
  • Sector: Healthcare
  • Status: Active
  • Number of Articles: 75
  • Chapters/Parts: 6
  • Amendments: 0

Summary

This Federal Law regulates the practice of the medical profession in the United Arab Emirates, including the licensing requirements, professional ethics, and penalties for non-compliance. The law aims to protect the public from unlawful medical practices and ensure the provision of high-quality healthcare services. It applies to all individuals practicing medicine, including doctors, dentists, and interns, within the UAE, including the free zones. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 1-3) The law establishes a licensing system administered by the Ministry of Health and Prevention or other relevant health authorities. It sets out the conditions for obtaining a medical license, such as holding a recognized medical degree, completing an internship, and being of good character. The law also regulates the practice of visiting and resident physicians, as well as medical interns. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 4-16)

What is the scope and purpose of this law?

The scope of this law is to regulate the practice of the medical profession, including human medicine and dentistry, within the United Arab Emirates, including the free zones. The law aims to (1) protect the public from unlawful medical practices, (2) establish the legal framework for practicing the medical profession to ensure high-quality healthcare services, and (3) set the required occupational standards and criteria to limit medical malpractice, unlawful, indecent, and unethical practices. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 2-3)

What are the key definitions under this law?

The law provides the following key definitions:

  • The State: The United Arab Emirates
  • The Ministry: The Ministry of Health and Prevention
  • The Minister: The Minister of Health and Prevention
  • The Health Authority: The Ministry or any governmental federal or local authority in charge of health affairs in the UAE
  • The Health Facility: A facility providing health services, including prevention, treatment, and convalescence
  • The Physician: Any human doctor, including a dentist
  • The Profession: The profession of human medicine, including dentistry
  • Internship: The approved compulsory training period before or after holding a medical degree
  • Intern: A trainee during the internship period or a medical student completing the internship
  • The Resident Physician: A doctor joining higher specialist training programs
  • The Visiting Physician: A doctor licensed to practice in the UAE on a part-time or temporary basis
  • The License: The permit issued by the Health Authority to practice the medical profession

(Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 1)

What are the main obligations and requirements?

The main obligations and requirements under this law include: 1. No person shall practice the medical profession without a license issued by the Health Authority. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 4) 2. License applicants must hold a recognized medical or dental degree, complete an internship, be of good character, and meet any other conditions set in the Executive Regulations. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 5) 3. Licensed physicians must perform their duties with accuracy, honesty, and in compliance with recognized medical principles, without discrimination or using a patient's need to realize unlawful benefits. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 17) 4. Physicians must comply with the code of professional ethics issued by the Minister and may face disciplinary penalties for violations. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 18) 5. Physicians must report any suspicion of communicable diseases to the Health Authorities and take proper actions to prevent their spread. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 20)

What licensing, registration, or approval requirements exist?

The law establishes a licensing system for practicing the medical profession in the UAE, administered by the Health Authority (the Ministry of Health and Prevention or other relevant authorities). Key licensing requirements include: - Holding a recognized bachelor's degree or equivalent in human medicine or dentistry (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 5(1)) - Completing the required internship period (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 5(2)) - Being of good character and not convicted of a crime involving moral turpitude or dishonesty (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 5(3)) - Being medically fit to perform the duties of the profession (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 5(4)) - Meeting any other conditions set in the Executive Regulations (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 5(5)) The Health Authority must decide on license applications within 30 days and provide reasons for any rejections. Rejected applicants can file a complaint within 30 days. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 6)

What rights and protections does this law provide?

The law does not explicitly outline any specific rights or protections granted to individuals under this legislation. The focus is primarily on regulating the practice of the medical profession and establishing licensing, ethical, and enforcement requirements.

Which authorities or bodies are responsible for enforcement?

The key authorities responsible for enforcement under this law are: 1. The Ministry of Health and Prevention, which is responsible for: - Issuing the license to practice the medical profession (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 6) - Creating and maintaining a national register of licensed physicians (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 7) - Issuing the code of professional ethics in coordination with other Health Authorities (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 18) 2. Other Health Authorities in the UAE, which are responsible for: - Issuing licenses to practice the medical profession within their respective jurisdictions (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 6, 7) - Creating their own registers of licensed physicians (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 7)

What are the penalties for non-compliance?

The law does not specify any direct penalties for non-compliance. However, it does state that the medical license can be revoked in the following cases: 1. If any of the licensing conditions are no longer met (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 8(1)) 2. If a final judgment is issued to deprive the licensed physician from practicing the profession (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 8(2)) 3. If a final judgment is issued against the physician for a crime or offense involving moral turpitude or dishonesty (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 8(3)) 4. If the profession is not practiced for the period prescribed in the Executive Regulations (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 8(4)) The law also states that disciplinary penalties can be imposed for violations of the code of professional ethics, as per Article 28, but the specific penalties are not outlined in the legislation text provided.

What fees, charges, or financial provisions are specified?

The legislation text provided does not specify any fees, charges, or other financial provisions related to the practice of the medical profession.

What exemptions or exceptions apply?

The legislation text does not outline any explicit exemptions or exceptions to the requirements of this law.

How are disputes resolved under this law?

The law provides a mechanism for resolving disputes related to the rejection of license applications. Specifically: - If an application is rejected, the applicant can file a written complaint to the head of the Health Authority within 30 days (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 6(3)) - The head of the Health Authority must issue a substantiated decision on the complaint within 15 days. The decision is final (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 6(3)) The law does not specify any other dispute resolution mechanisms, such as for disciplinary actions or other types of disputes.

What are the key deadlines and time limits?

The key deadlines and time limits specified in the law are: - The Health Authority must decide on a license application within 30 days from the date of submission (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 6(2)) - An applicant whose application is rejected can file a written complaint within 30 days from the date of notification or the lapse of the 30-day decision period (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 6(3)) - The head of the Health Authority must issue a decision on the complaint within 15 days from the date of submission (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 6(3))

How does this law interact with other UAE legislation?

The law references several other UAE federal laws that it interacts with, including: - Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers - Federal Law No. (7) of 1975 on the Practice of the Medical Profession - Federal Law No. (8) of 1980 Regulating Labor Relations - Federal Law No. (4) of 1983 on the Practice of Pharmacy Profession and Pharmaceutical Institutions - Federal Law No. (5) of 1984 on the Practice of Some Medical Professions by Non-Physicians and Pharmacists - Federal Law No. (14) of 2014 Concerning the Control of Communicable Diseases - Federal Law No. (4) of 2016 on Medical Liability - Federal Decree-Law No. (4) of 2016 regulating Transfusion and Transplantation of Human Organs and Tissues However, the legislation text does not specify how this law amends or interacts with the provisions of these other laws.

When did this law come into effect?

This Federal Law Regulating the Practice of the Medical Profession came into effect on 30 May 2019, one month after its issuance on 30 April 2019. (Federal Law Regulating the Practice of the Medical Profession, 2019, Art. 36)

Source Documents

This article analyses Federal Law Regulating the Practice of the Medical Profession 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.

Written by Sushant Shukla

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