قانون الرعاية الصحية / الأدوية في الإماراتقرار مجلس الوزراء بشأن اللائحة التنفيذية للقانون الاتحادي في شأن المنشآت الصحية الخاصة

Article (1) Definitions Definitions set out in Article (1) of the above-referenced Federal Law No. 4 of 2015 shall apply to this Resolution.

Article (2) Private Health Facility’s Establishment and Operation Conditions 1. The application for obtaining a license, whereby which the natural or legal person is permitted to establish, operate and manage a Private Health Facility, shall be submitted to the Competent Health Authority according to the relevant form approved in this regard, and accompanied by all documents and statements to be specified by the Competent Health Authority. 2. The Competent Health Authority shall examine the application referred to in Clause (1) of this Article and its annexes and shall decide whether to grant the initial approval to the applicant or not. If the applicant is granted the approval, the same sha…

Article (3) 1. The following requirements shall be completed for the license to be issued: a. Submitting all documents that demonstrate the completion of construction work and the design’s conformity with the engineering drawings and standards approved by the relevant authority, in coordination with the Competent Health Authority. b. Providing the health and professional staff duly licensed in accordance with the relevant applicable legislation. c. Appointing a director of the Private Health Facility in accordance with the provisions of Article (9) of this Resolution. d. Submitting a statement of medical devices and equipment registered. e. Submitting a certificate demonstrating that the fac…

Article (4) The Competent Health Authority shall determine the license term, which may not be less than one year and not exceeding three years, and shall be renewable for similar durations based on an application to be submitted thereto prior to license expiry, and according to the requirements it defines, including the requirements related to ensuring the achievement and sustainability of the international health accreditation.

Article (5) Types & Operation Areas of Private Health Facilities The Schedule set out in the Annex attached to this Resolution shows the types and classification of Private Health Facilities and their operation areas. This Schedule may be amended under a resolution of the Minister in coordination with the health authorities.

Article (6) Private Health Facility’s Ownership and Management Controls The ownership of a private health facility shall be subject to the following rules, conditions, and procedures: 1. Ownership rules and conditions: a. The ownership applicant shall not have a legal impediment to the same. b. In the event of transfer of ownership to the heirs, there shall be no conflict between the heirs, the documents required for establishing the ownership shall be submitted within the deadline stipulated in Article (9) of Federal

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2015 Concerning Private Health Facilities 4 Law No. (4) of 2015 referred to ab…

Article (7) 1. Subject to the provisions of both Federal Law No. 5 of 2019 Regulating the Practice of Medicine Profession and the domestic legislation on licensing the practice of professional activities, if the owner or a partner of the Private Health Facility dies, the ownership of or the stake in the same shall devolve upon the legal heirs within six months from the death date, based on a written application to be submitted by the heirs or their legal representative to the Competent Health Authority, and accompanied by the following: a. The death certificate of the owner or partner of the Private Health Facility duly attested by the relevant authority. b. Decree of Distribution that estab…

Article (8) Subject to the provisions of Article (7) hereof, the license granted to the Private Health Facility may not be assigned to any Third Party, unless and until a written approval is obtained from the Competent Health Authority.

Article (9) 1. The Private Health Facility shall be managed by the following persons, depending on the Facility’s classification: First: Hospital: - A physician duly licensed by the Competent Health Authority to practice the medicine profession in any of the specialties covered by the Health Facility’s operation activities; or - An administrative officer holding a university qualification in hospital or health care administration from a recognized university in the UAE. Second: Outpatient Care Facilities, Health Diagnostic Centers and Specialty Units: - A physician duly licensed by the Competent Health Authority to practice the medicine profession in any of the specialties covered by the Hea…

Article (10) 1. If the position of the Private Health Facility’s Director becomes vacant, the Facility’s Owner shall either appoint a substitute and notify the Competent Health Authority of the name of the substitute Director, within two weeks from the date of the position’s vacancy, or temporarily close down the Facility until a new Director is appointed. 2. The Private Health Facility’s Owner or his designee shall be held responsible for providing all documents and statements required by the licensing Health Authority or any other competent body. 3. The Private Health Facility’s or his designee shall ensure that the Facility is committed to the medical best practices, and that all health p…

Article (11) 1. The Health Facility may not change or amend the area of its operation, alter its operational plans or location, unless and until after the approval of the licensing Health Authority is obtained, in accordance with the latter’s applicable controls and procedure. 2. The Health Facility shall notify the licensing Health Authority of the change of its name, within the time limit to be set by the Health Authority for this purpose.

Article (12) The Health Facility may, in the event that the public health is liable to any risks, decide a precautionary closure of the Private Health Facility, in whole or in part, and suspend its operation until the underlying reasons cease to exist, so that the body concerned shall be notified of the closure decision.

Article (13) General Controls on Private Health Facility’s Operation The Private Health Facility shall provide the staff necessary for operating it, as appropriate, depending on the nature and scope of its activity, in accordance with the controls determined by the licensing Health Authority in this regard.

Article (14) 1. Without prejudice to the legislation in force in the UAE, Private Health Facilities shall keep the patient treatment records and files for a period proportional to the need of data and information for providing the health service in the future to the person concerned, provided that the keeping period is not less than (25) twenty- five years from the date of the last health action taken in this regard. The Health Facility shall determine the entities tasked with keeping such patient treatment records and files in the event of the Private Health Facility’s closure or suspended operation.

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Article (15) The Private Health Facility shall carry out maintenance of the medical devices on the scheduled dates according to the Manufacturer's instructions, and shall also carry out the following: 1. Keeping records of the medical devices available at the Facility. 2. Keeping periodic maintenance reports of medical devices. 3. Keeping contracts of medical device maintenance. 4. Conducting vital testing on all medical devices on the scheduled dates and according to the Manufacturer's instructions.

Article (16) The Private Health Facility shall give vaccinations to its health personnel on the scheduled dates, and keep a record of the vaccinations.

Article (17) The Private Health Facility shall provide necessary emergency requirements, according to the standards and requirements applicable in the UAE, and carry out periodic training on the implementation of emergency plan.

Article (18) It is not permissible to operate any Private Health Facility, in the event of malfunction of its sterilization devices or in the absence of an alternative measure that ensures the provision of sterilization services. The Facility shall abide by sterilization as well as infection control conditions and requirements established by the Competent Health Authority.

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Article (19) The Private Health Facility may not permit unlicensed health personnel or visiting doctors to work therein, unless the approval of the licensing Health Authority is obtained beforehand.

Article (20) The Private Health Facility may not permit the training of unlicensed doctors, nurses, or any other person with health specialties, unless and until the conditions and controls set by the licensing Health Authority are properly satisfied.

Article (21) The Private Health Facility may take advantage of the services of Health Facilities situated outside the UAE only subject to the controls set by the licensing Health Authority.

Article (22) Neither the same-day surgery center nor the hospital may benefit from the services of doctors operating in other Health Facilities, without an official permit from the licensing Health Authority, and provided that the same-day surgery center or hospital has a consultant doctor or specialist duly licensed to practice the same specialty, and the Health Authority may establish any other conditions or controls for benefitting from the services of doctors, or add any Health Facilities other than those mentioned in this Article.

Article (23) The licensed health personnel of a Private Health Facility shall not be allowed to work at any other Health Facility in addition to their original work, without the approval of the Health Facility at which they work and after obtaining an official permit from the licensing Health Authority, in accordance with its procedures applicable in this regard.

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Article (24) Health professionals licensed with the Private Health Facility shall be permitted to work at any of its subsidiaries, after notifying the licensing Health Authority, provided that the licensed specialties of the Facility are observed, and without affecting the number of health personnel assigned to the facility. In the event that the subsidiary is affiliated with any other Health Authority, a license shall be obtained from the latter.

Article (25) Final Provisions Private Health Facilities existing on the issuance date of this Resolution shall adjust their affairs conditions in the accordance with the provisions hereof, not later than one year from the date of its issuance.

Article (26) Implementing Resolutions The Minister shall issue the resolutions required to implement the provisions of this Resolution.

Article (27) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall enter into force from the day following the date of its publication. Mohammed bin Rashid Al Maktoum Prime Minister Issued by us: On: 22 Sha’ban 1441 AH Corresponding to: 15 April 2020 AD

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2015 Concerning Private Health Facilities 11 Annex Attached to Cabinet Resolution No. (29) of 2020 on the Executive Regulations of Federal Law No. (4) of 2015 Concerning Private Health Facilities Classification of Health Facilities Area of Operation Types Hospitals A Health Facility having an indep…