Постановление исполнительного совета № (49) от 2024 года о регулировании практики медицинских профессий и медицинской деятельности в эмирате Дубай

المادة 1

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise: UAE: The United Arab Emirates. Emirate: The Emirate of Dubai. DHA: The Dubai Health Authority. Director General: The director general of the DHA. Healthcare Facility: An establishment licensed by the DHA to conduct Health Activities in the Emirate and to provide individuals with preventive, therapeutic, and convalescent Healthcare services. Health Activity: Any of the activities approved by the DHA and related to the preventive, therapeutic, and convalescent Healthcare services provided to patients. Health Profession: Any of the healthcare professions or allied professions specified by the federal, and local legislation in force in the Emirate. Health Professional: A natural person authorised by the DHA to practise the Health Profession within the Emirate. Medical Practices Committee: A committee formed hereunder to perform the duties assigned to it pursuant to this Resolution and the resolutions issued in pursuance hereof, including considering and determining Licence applications. Medical Grievances Committee: A committee formed to consider and determine the grievances filed with it in accordance with this Resolution. Licence: This includes: 1. the document issued by the DHA authorising a Healthcare Facility to conduct Health Activities within the Emirate; and 2. the document issued by the DHA authorising a Health Professional to practise the Health Profession within the Emirate. Health Promotion: The dissemination of information or data, through any print, audio, visual, or electronic means, for the purpose of promoting Healthcare services or any matter related to human health or the Healthcare sector in the Emirate. Digital Channels: The websites, smart applications, and digital media adopted by the DHA to provide its services under this Resolution.

المادة 2

a. Without prejudice to the federal and local legislation in force in the Emirate, the provisions of this Resolution apply to: 1. all facilities engaged in practising Health Activities across the Emirate, including in Special Development Zones and free zones, such as the Dubai International Financial Centre; and 2. any person practising the Health Profession within Government Healthcare Facilities, Private Healthcare Facilities, or any other Healthcare Facilities. b. Notwithstanding the provisions of paragraph (a) of this Article, the provisions of this Resolution prescribing penalties and punitive measures do not apply to the Government Entities engaged in practising Health Activities in the Emirate pursuant to their establishing or governing legislation. However, the provisions of this Resolution apply to the extent that they do not conflict with the provisions of such legislation. c. This Resolution does not apply to federal government entities or to their affiliated Healthcare Facilities and establishments that are engaged in practising Health Activities within the Emirate.

المادة 3

This Resolution aims to: 1. establish a high-quality, efficient, integrated, and comprehensive health system that ensures the provision of optimal Healthcare services for community members; 2. regulate the practice of the Health Profession and the conduct of Health Activities within the Emirate, with a view to enhancing competitiveness, operational efficiency, and quality of Healthcare services; 3. enhance the health and safety of community members and protect them from unhealthy practices; and 4. promote the principles of transparency, justice, legal accountability in the Health Sector in the Emirate.

المادة 4

The DHA will exercise all duties and powers related to regulating, licensing, auditing, and inspecting Health Service Providers in the Emirate. In particular, the DHA will have the duties and powers to: 1. approve and develop health policies and standards, and the bylaws and regulations governing Healthcare Facilities and Health Professionals; 2. receive, consider, and determine the Licence applications submitted by Healthcare Facilities to conduct Health Activities, in accordance with the rules, terms, and procedures stipulated in this Resolution, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate; 3. receive, consider, and determine applications from individuals seeking authorisation to practise the Health Profession, in accordance with the rules, terms, and procedures stipulated in this Resolution, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate; 4. monitor and inspect the work of Health Professionals and individuals conducting Health Activities to verify their compliance with the obligations and rules stipulated in this Resolution, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate, as well as with the relevant standards and bylaws adopted by the DHA; 5. investigate the complaints filed with the DHA against Health Professionals and individuals conducting Health Activities, as well as the complaints referred to it by the competent judicial bodies and Government Entities; and take necessary actions in respect of these complaints, including imposing administrative penalties and measures against violators; 6. conduct clinical audits of medical records and refer any identified violations to the Medical Practices Committee to take the necessary action in respect thereof; 7. refer the decisions issued by the Medical Liability Committee, formed at the DHA under the above-mentioned Federal Law by Decree No. (4) of 2016, together with the complaints filed by Patients or their representatives, or referred to the DHA by the competent judicial bodies and Government Entities to the Medical Practices Committee to take the necessary action in respect thereof; and follow up the implementation of these decisions; 8. conduct quality control of Health Information and Data entered, stored, processed, generated, transferred, or exchanged through Electronic Systems, Digital Channels, or similar platforms; 9. maintain a database of the names of Health Professionals and Healthcare Facilities operating in the Emirate, and of the Health Activities and Health Professions they are authorised to practise; 10. coordinate with federal and local government entities on the matters related to the practice of the Health Profession and the conduct of Health Activities in the Emirate; and 11. exercise any other duties or powers required for the achievement of the objectives of this Resolution, as assigned to it by the Chairman of the Executive Council or pursuant to the legislation in force in the Emirate.

المادة 5

a. One or more committees named the “Medical Practices Committee” will be formed within the DHA pursuant to a resolution of the Director General. The Medical Practices Committee will be comprised of a chairman, a vice chairman, and a number of specialised and experienced members, selected from among the DHA employees or other persons. b. The resolution forming the Medical Practices Committee will determine its terms of reference, the procedures for holding its meetings and passing its resolutions and recommendations, and any other matters related to its governance.

المادة 6

The Medical Practices Committee will have the jurisdiction to consider and determine all applications and matters referred to it by the Director General, particularly in respect of: 1. applications for Licences to conduct Health Activities; 2. applications for Licences to practise the Health Profession; 3. applications for reinstatement of the Licences of Healthcare Facilities and Health Professionals whose Licences have been revoked as an administrative penalty; 4. imposing the penalties and administrative measures prescribed by this Resolution on the perpetrators of the prohibited acts set out in Schedule (4) attached hereto; and 5. exercising any other duties or powers assigned to it by the Director General.

المادة 7

a. No natural or legal person may establish a facility to conduct Health Activities within the Emirate unless that facility is licensed by the Concerned Entities and has obtained a Licence from the DHA in accordance with the provisions of this Resolution, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate. b. No natural person may practise the Health Profession within the Emirate unless he has obtained a Licence in accordance with the provisions of this Resolution, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate. c. No Healthcare Facility may engage a Health Professional or Visiting Physician who is not authorised by the DHA to work at that facility. d. No Health Professional or Healthcare Facility may conduct any Healthcare Activities not authorised under the Licence issued to Health Professional or Healthcare Facility, without first obtaining the relevant approval from the DHA.

المادة 8

To be issued with a Licence, a Healthcare Facility must: 1. not have been suspended from conducting any Health Activities for any reason unless it has been reinstated; 2. hold a valid licence issued by the Concerned Entities in the Emirate where it conducts its activities on a commercial or for-profit basis;

المادة 9

a. When issuing a Licence to a Healthcare Facility, the following procedures will be followed: 1. A Licence application will be submitted to the DHA on the form it prescribes for this purpose, accompanied by the documents outlined on Digital Channels. 2. The DHA will consider the Licence application, and the documents attached thereto, to verify that it meets the conditions and requirements prescribed by this Resolution and the resolutions issued in pursuance hereof; and will issue an initial approval within thirty (30) working days from the date of its submission. Where the application is rejected, the rejection decision must be reasoned. 3. Upon receiving an initial approval, the applicant must satisfy all Licence requirements within one (1) year from the date on which the initial approval is issued. The DHA may extend this time frame for the same period based on a written request from the applicant stating the reasons for extension, subject to addressing the relevant remarks of the DHA. 4. The DHA will, upon the request of the applicant and within the time frame prescribed by sub-paragraph (a)(3) of this Article, inspect the Healthcare Facility and perform on-site audit to verify that it meets all the relevant conditions and requirements for conducting Health Activities for which the Licence is requested, as outlined in the Digital Channels. In light of the aforementioned, the DHA may take any of the following measures: a. Where the facility fulfils all the conditions and requirements prescribed by the DHA, the Licence will be issued to it. b. Where the facility fails to fulfil the conditions and requirements prescribed by the DHA, a grace period not exceeding sixty (60) days will be granted to the facility to fulfil these conditions and requirements, failing which the initial approval will be revoked and the concerned Government Entities will be notified to revoke any licences issued to the facility. b. The procedures for obtaining Licences by local Government Healthcare Facilities to conduct Health Activities will be prescribed by a resolution to be issued by the Director General in this respect.

المادة 10

To be issued with a Licence, a Health Professional must: 1. not have been barred from practising the Health Profession for any reason, unless he has been reinstated; 2. hold the qualifications and competencies required to practise one of the Health Professions outlined on the Digital Channels; 3. fulfil the requirements and standards set out in the Unified Healthcare Professional Qualification Requirements published on the Digital Channels; 4. be medically fit; 5. demonstrate knowledge of Public Health and public safety rules; 6. be of good character and conduct; 7. pay the fees prescribed by the legislation in force in the Emirate; and 8. meet any other technical conditions and requirements prescribed by the DHA and published on the Digital Channels.

المادة 11

In issuing a Licence to a Health Professional, the following procedures will apply: 1. A Licence application will be submitted to the DHA on the form it prescribes for this purpose, accompanied by the documents outlined on the Digital Channels. 2. The DHA will consider the Licence application to verify that it meets the conditions and requirements prescribed by this Resolution and the resolutions issued in pursuance hereof, and will issue its decision to accept or reject the application within thirty (30) days from the date of its submission. 3. Where a Licence application is rejected, the rejection decision must be reasoned.

المادة 12

a. A Licence will be valid for a period of one (1) year, renewable for the same period upon an application submitted to the DHA by the Licence holder. The Licence will be renewed in accordance with the conditions, rules, procedures, and standards prescribed by the relevant resolution of the Director General. b. Notwithstanding the provisions of paragraph (a) of this Article, the DHA may: 1. issue the Health Professional with a Licence valid for a period not exceeding three (3) years; or 2. issue the Health Professional with a Temporary Licence to Practise that is valid for a period not exceeding six (6) months, in accordance with the conditions, rules, procedures, and standards prescribed by the relevant resolution of the Director General.

المادة 13

a. In addition to the cases stipulated in the legislation in force in the Emirate and in this Resolution, a Licence will be revoked in any of the following two (2) cases: 1. where the Licence is not renewed within three (3) months from its expiry date, unless the Licence holder provides a valid reason acceptable to the DHA. In this case, the Licence holder will be granted an additional grace period of three (3) months for renewal. If the renewal is not completed within this grace period, the Licence will be revoked; or 2. where the Licence holder ceases to meet any of the conditions and requirements prescribed for practising the Health Profession or Health Activities. b. The DHA will inform the Health Professional or Healthcare Facility of its decision to revoke the Licence, including the reasons for revocation, within ten (10) days from the revocation date.

المادة 14

A Healthcare Facility will conduct Health Activities, and a Health Professional will practise the Profession, only in accordance with the terms of their respective Licences. The Healthcare Facility and the Health Professional must fully comply with the scope of Licence, as well as the conditions, rules, procedures, standards, and protocols adopted by the DHA in respect of practising the Health Profession and Health Activities.

المادة 15

A Health Professional or Healthcare Facility may apply for the reinstatement of a Licence that has been cancelled under the provisions of this Resolution, subject to meeting the relevant conditions, rules, and procedures prescribed by the DHA, and in accordance with the following time frames: 1. following the lapse of two (2) years from the date of cancellation of the previous Licence, where it is the result of a revocation by the Medical Practices Committee; 2. at any date following the cancellation of the Licence, where it has been cancelled upon the request of the Health Professional or Healthcare Facility; 3. at any date following the fulfilment of the conditions or requirements prescribed for practising the Health Profession or Health Activities other than those cases stipulated in paragraphs (1) and (2) of this Article.

المادة 16

A Healthcare Facility or Health Professional may not assign the Licence to a third party without first obtaining the relevant approval of the DHA. This approval will be issued in accordance with the requirements and procedures prescribed by the relevant resolution of the Director General.

المادة 17

In return for issuing Licences and providing other services pursuant to this Resolution and the resolutions issued in pursuance hereof, the DHA will collect the fees set out in Schedules (1), (2), and (3) attached hereto.

المادة 18

The acts set out in Schedules (4) and (5) attached hereto are hereby prohibited.

المادة 19

a. Without prejudice to any stricter penalty stipulated in any other resolution, a Person who commits any of the acts set out in Schedule (4) attached hereto will be punished by any of the following administrative penalties: 1. a written warning; 2. downgrading the privileges or the professional medical classification specified for the Health Professional in the Licence; 3. suspending the Health Professional from practising the Health Profession for a period not exceeding one (1) year; 4. revoking the Licence issued to the Health Professional; 5. closing the Healthcare Facility fully or partially for a period not exceeding six (6) months; 6. cancelling authorisation to practise certain Health Activities under the Licence issued to the Healthcare Facility; 7. revoking the Licence issued for the Healthcare Facility; 8. imposing a fine of no less than two thousand dirhams (AED 2,000.00) and no more than one hundred thousand dirhams (AED 100,000.00), where the violation is committed by a Health Professional. The amount of fine will be determined based on the severity and gravity of the committed violation; or 9. imposing a fine of no less than five thousand dirhams (AED 5,000.00) and no more than two hundred thousand dirhams (AED 200,000.00), where the violation is committed by a Healthcare Facility. The amount of fine will be determined based on the severity and gravity of the committed violation. b. The DHA will notify the competent authorities upon imposing any of the administrative penalties prescribed in sub-paragraphs (a)(5), (a)(6), and (a)(7) of this Article. c. In addition to the administrative penalties stipulated in paragraph (a) of this Article, the DHA may take one or more of the following measures against a violating Health Professional: 1. require him to attend specific training courses within a specific time frame; 2. require him to work under the supervision of another Health Professional for a period not exceeding one (1) year; and/ or 3. reassess him and take the necessary action based on the outcomes of the reassessment. d. The administrative penalties and measures referred to in paragraphs (a) and (c) of this Article may be imposed in any particular order. e. Without prejudice to any stricter penalty stipulated in any other resolution, a Person who commits any of the acts set out in Schedule (5) attached hereto will be punished by the fine indicated opposite that act. f. Upon repetition of any of the violations set out in Schedule (5) attached to this Resolution within one (1) year from the date of the previous violation, the amount of the fine will be doubled. A doubled fine must not exceed two hundred thousand dirhams (AED 200,000.00) for Health Professionals, and four hundred thousand dirhams (AED 400,000.00) for Healthcare Facilities.

المادة 20

The DHA employees nominated pursuant to a resolution of the Director General will have the capacity of Law Enforcement Officers to record the acts committed in breach of the provisions of this Resolution and the resolutions issued in pursuance hereof. For this purpose, they may access Healthcare Facilities; review their records, registers, and documents; conduct inspection and oversight of Health Professionals; issue the necessary violation reports; and, where required, seek the assistance of the concerned Government Entities in the Emirate, including police personnel.

المادة 21

a. The Director General is hereby vested with the authority to impose administrative penalties on any Healthcare Facility or Health Professional who commits any of the acts set out in Schedule (5) attached hereto. b. The Medical Practices Committee is hereby vested with the jurisdiction to impose administrative penalties and measures in any of the following two (2) cases: 1. where the committed violation involves any of the prohibited acts set out in Schedule (4) attached to this Resolution; or 2. upon repetition of any of the violations set out in Schedule (5) attached to this Resolution within one (1) year from the date of the previous violation.

المادة 22

a. The Director General and the Medical Practices Committee may issue a decision on the full or partial closure of a Healthcare Facility as a precautionary measure for a period not exceeding three (3) months pending the completion of an investigation into the violation attributed to the facility or any of its employees. This closure may be extended for the same period, provided that the extension decision is reasoned and the competent authorities are notified. b. The Director General and the Medical Practices Committee may issue a decision to suspend a Health Professional as a precautionary measure for a period not exceeding three (3) months. The suspension may be extended for the same period the completion of investigation into the violation attributed to him, provided that the extension decision is reasoned.

المادة 23

A violator must remedy the violation within the time frame prescribed by the DHA, failing which he will be deemed to have committed a new violation and the following provisions will apply: 1. Where the violation requiring remedy falls under the prohibited acts set out in Schedule (4) attached hereto, the Medical Practices Committee must impose one of the administrative penalties specified in paragraph (a) of Article (19) of this Resolution. 2. Where the violation requiring remedy falls under the violations set out in Schedule (5) attached hereto, the DHA must double the respective fine, in accordance with the provisions of paragraph (f) of Article (19) of this Resolution. 3. In addition to the provisions of sub-paragraphs (1) and (2) of this Article, the Director General and the Medical Practices Committee may temporarily close a Healthcare Facility or suspend the Licence of a Health Professional until the violation is remedied, provided that the competent authorities are notified of the temporary closure of the Healthcare Facility.

المادة 24

a. The Director General must, upon the recommendation of the concerned organisational unit of the DHA or the Medical Practices Committee, refer a violating Health Professional or the person in charge of a violating Healthcare Facility to the competent judicial bodies if the committed violation constitutes a criminal offence. b. The acquittal or finding of non-liability of a person referred to judicial bodies in accordance with paragraph (a) of this Article will not preclude imposing the administrative penalties and measures prescribed by this Resolution.

المادة 25

Any affected party may submit a written grievance to the Director General against a decision, action, or measure taken against him under this Resolution and the resolutions issued in pursuance hereof, within thirty (30) days of being notified of the contested decision, action, or measure. The grievance will be determined, within thirty (30) days from the date of its submission, by the Medical Grievances Committee. The decision issued in respect of the grievance will be final.

المادة 26

a. One or more committees named the "Medical Grievances Committees" will be formed at the DHA pursuant to a resolution of the Director General. The Medical Grievances Committee will be comprised of a chairman, a vice chairman, and a number of specialised and experienced members. b. The resolution forming the Medical Grievances Committee will determine its terms of reference, and the procedure for holding its meetings and passing its resolutions. c. The Medical Grievances Committee will be responsible for considering and determining the grievances filed in respect of the decisions, actions, or measures taken in accordance with the provisions of this Resolution and the resolutions issued in pursuance hereof.

المادة 27

The fees and fines collected pursuant to this Resolution and the resolutions issued in pursuance hereof will be paid to the Public Treasury of the Government of Dubai.

المادة 28

a. All Healthcare Facilities and Health Professionals operating in the Emirate by the effective date of this Resolution must comply with its provisions within one (1) year of that effective date. The Director General may, where necessary, extend this grace period once for the same period. b. Where the Licence of a Healthcare Facility or Health Professional expires during the grace period referred to in paragraph (a) of this Article, the Licence may be renewed without prejudice to the obligation to comply with the provisions of this Resolution before the expiry of that period; otherwise, they will be subject to liability.

المادة 29

The Director General will issue the resolutions required for the implementation of this Resolution. These resolutions will be published in the Official Gazette.

المادة 30

The Director may delegate any of his powers under this Resolution and the resolutions issued in pursuance hereof to any of the DHA employees, provided that this delegation is specific and in writing.

المادة 31

a. This Resolution supersedes the above-mentioned Executive Council Resolution No. (32) of 2012. b. Any provision in any other resolution is hereby repealed to the extent that it contradicts the provisions of this Resolution. c. The resolutions, bylaws, and instructions issued in implementation of the above-mentioned Executive Council Resolution No. (32) of 2012 will continue in force to the extent that they do not contradict this Resolution, until new superseding resolutions, bylaws, and instructions are issued.

المادة 32

This Resolution will be published in the Official Gazette and will come into force sixty (60) days after the date of its publication.