The healthcare law in the United Arab Emirates is a sophisticated legal framework that aims to ensure the provision of high-quality health services to all residents, including citizens and expatriates. This law consists of a set of federal and local legislations that regulate all aspects of the health sector.
1. Main Regulatory Bodies
The oversight of the healthcare sector is distributed among several key authorities, each with specific jurisdictions:
- Ministry of Health and Prevention (MOHAP): This is the federal body responsible for setting public health policies and overseeing the healthcare sector in the Northern Emirates.
- Dubai Health Authority (DHA): The DHA is responsible for regulating the healthcare sector in the Emirate of Dubai. It establishes local laws and regulations for health facilities and medical professional licenses.
- Department of Health – Abu Dhabi (DoH): The DoH is the entity responsible for overseeing healthcare in the Emirate of Abu Dhabi and works to improve the quality of health services.
2. Key Legislations
There are federal and local laws that cover various aspects of healthcare:
- Federal Decree-Law No. (4) of 2016 on Medical Liability: This is one of the most important laws, as it defines the legal responsibility of doctors and healthcare providers in cases of medical errors. It also establishes a framework for protecting the rights of both patients and practitioners.
- Federal Law No. (5) of 2019 on Regulating the Practice of Human Medicine: This law governs the conditions and requirements for practicing medicine, setting licensing and qualification standards for doctors to ensure the quality of care.
- Mandatory Health Insurance Law: Health insurance is mandatory for citizens and expatriates in the Emirates of Abu Dhabi and Dubai. Local laws in these two Emirates require employers to provide insurance coverage for their employees, with options available for self-employed individuals and family members. This law aims to ensure that everyone has access to essential health services.
3. Patient Rights and Responsibilities
The law guarantees patients a clear set of rights aimed at protecting them and empowering them to make informed decisions about their health. These rights include:
- Right to High-Quality Care: A patient should receive care according to the highest professional standards.
- Right to Informed Consent: No medical intervention can be performed without obtaining the patient’s prior written consent after being fully informed of the procedure’s details, risks, benefits, and available alternatives.
- Right to Confidentiality and Privacy: All health facilities are obligated to maintain the confidentiality of a patient’s medical information.
- Right to a Second Medical Opinion: A patient has the right to request another medical opinion without it affecting the quality of care provided.
- Right to File a Complaint: A patient has the right to file a complaint or provide feedback about the services received, with a guarantee of fair handling.
In return, the patient has several responsibilities, such as providing the medical team with accurate and complete information about their health condition and respecting the rights of other patients and staff in the health facility.
4. Licensing of Medical Professionals
For any healthcare professional to practice in the UAE, they must obtain a license from the relevant health authority (MOHAP, DHA, or DoH). The licensing process includes strict conditions such as:
- Verification of professional credentials and experience through accredited third-party agencies (e.g., DataFlow).
- No more than a specified period of professional inactivity.
- Passing any required professional exams or assessments.
- Verification of the practitioner’s professional record to ensure there are no prior violations.
