قانون الرعاية الصحية / الأدوية في الإماراتقانون اتحادي بشأن الصحة النفسية

Article (1) Definitions In application of the provisions of this Law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: State : United Arab Emirates. Ministry : Ministry of Health & Prevention Minister : Minister of Health & Prevention Health Authority : Any federal or local government authority concerned with health affairs in the State. 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.

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Federal Law No. (10) of 2023 On Mental Health 3 Concerned Entities : Any federal or local government body related to the protection of mental health in the State, or directly or indirectly related to implementing the provisions hereof. Mental health facility : A health institution licensed to provide mental health services, whether independent or attached to other health institutions. Mental Health Services : Preventive, therapeutic, and rehabilitative services for mental health. Committee : Mental Disorders : Oversight and Follow-up Committee. Psychiatric Patient : 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. These disorders shall be classified according to the psychiatric classifications recognised by the relevant international organisations and bodies. Physician : A person diagnosed with a mental disorder. Psychiatrist : A doctor licensed to practice the profession by a health authority. Treating Physician : A doctor licensed to practice the psychiatry profession by a health authority. Psychologist : The doctor responsible for examining and following up on the treatment of a psychiatric patient in a mental health facility. A person who works in a mental health facility, holds a university degree in psychology or an equivalent, and is licensed to practice the profession by the health authority in accordance with established procedures. Social service : A person who works in a mental health facility, holds a university

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Federal Law No. (10) of 2023 On Mental Health 4 specialist degree in social service, sociology, or an equivalent; and is licensed to practice the profession by the health authority in accordance with established procedures. Psychiatric Nurse : A person who works in a mental health facility, holds a degree no less than a technical degree in nursing, and is licensed to practice the profession by the health authority in accordance with established procedures. Psychological Counsellor : A person who works in a mental health facility, holds a university degree in psychiatry counselling or an equivalent; and is licensed to practice the profession by the health authority in accordance with established procedures. Occupational Therapist : A person who works in a mental health facility, holds a university degree in occupational therapy or an equivalent; and is licensed to practice the profession by the health authority in accordance with established procedures. Guardian : The person responsible for the patients in accordance with applicable legislation. Relatives : Spouse or relatives up to the fourth degree. Third party : The employer, the consul of the country to which the person subject to evaluation or treatment belongs, or any authorised representative acting on behalf thereof. Psychiatric patient representative : Guardian, relatives or others. Restricting Psychiatric patients : Using safe methods to limit the movement of psychiatric patients. Isolation : Keeping psychiatric patients alone in a safe and closed space

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Federal Law No. (10) of 2023 On Mental Health 5 prepared for such purpose for specific periods as per the requirements of treatment, under the direct supervision of the treatment providers. Admission : Admitting a person to a mental health facility pursuant to an order from the competent judicial authority. Compulsory Outpatient Therapeutic Care : Subjecting a psychiatric patient to treatment against their will outside a mental health facility. Voluntary admission : Admitting a psychiatric patient to a mental health facility of their own volition or the will of their representative for treatment. Emergency admission : Admitting a psychiatric patient to a mental health facility in emergency cases for the purpose of subjecting them to urgent medical intervention. Compulsory admission : Admitting a psychiatric patient to a mental health facility against their will in the cases stipulated herein. Emergency psychiatric case : An acute clinical condition that affects a psychiatric patient and threatens health or safety thereof or others and requires urgent medical intervention. Assessment : Examining the person for the purpose of preparing a report on their psychiatric condition. Compulsory treatment : Subjecting a psychiatric patient to treatment against their will. Consent to treatment : The psychiatric patient or their representative consent to receive treatment after being informed of the therapeutic services to be provided thereto. Patient Bill of Rights : A document that shows the patient rights stipulated herein, the mechanism for submitting grievances and complaints, and a

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Federal Law No. (10) of 2023 On Mental Health 6 statement of the entity entrusted with examining grievances and complaints and deciding thereon.

Article (7) The Committee Competences With no prejudice to the powers of the health authority, the committee shall have the following powers: 1. Following up on the reports on compulsory admission cases received from the mental health facilities. 2. Issuing the necessary approvals to treat psychiatric patients who refuse treatment in cases of compulsory treatment based on the health facility request. 3. Ensuring that the conditions stipulated herein are met in all cases of compulsory admission. 4. Supervising mental health facilities and ensuring their commitment and that their workers apply the standards and procedures stipulated in this law, the executive regulations thereof, and the decisions issued in implementation thereof. 5. Reviewing the reports received from the Patient Rights Care Committee regarding

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Federal Law No. (10) of 2023 On Mental Health 8 complaints and submitting recommendations in regard thereof to the health authority, if necessary. 6. Deciding on grievances and objections to the decisions of the Patient Rights Care Committee. 7. Deciding on complaints regarding outpatient psychiatric treatment services, centres and clinics. 8. Submitting reports to the health authority on the results of oversight and follow-up. 9. Any other competences shall be determined by a decision of the Minister after coordination with the health authorities.

Article (9) General Rights Psychiatric patients shall have the following rights: 1. Receiving a comprehensive explanation in a way they understand about all of their rights immediately after entering the mental health facility, including their right to file a

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Federal Law No. (10) of 2023 On Mental Health 9 grievance or to their representative in the event that the psychiatric patient is unable to understand such explanation. 2. Respecting them and providing them with the necessary services in an appropriate environment that preserves their dignity and meets needs thereof according to their health condition. 3. Educating them about the nature of their admission to the health facility if their condition permits, or informing representative thereof, if necessary, as soon as possible. 4. Maintaining their legally established civil rights and restricting them only when necessary for the purpose of protecting them or others from harm or pursuant to a judicial ruling. 5. Not to impose restrictions on their work or employment due to their psychiatric disorder or to terminate their employment except based on a report from a specialised medical committee and in accordance with the legislation in force in the State. 6. Maintaining their privacy and personal belongings where they reside in the mental health facility. 7. Benefiting from communication services unless they have a negative impact on their health condition or on others. 8. Receiving or refusing to receive visitors in accordance with the visiting system in the mental health facility, which may limit or prevent visits according to therapeutic requirements. 9. Protecting the confidentiality of their information in accordance with the applicable legislation in this regard. 10. Protection from degrading treatment and financial, physical, sexual and other forms of exploitation. 11. Requesting to end compulsory admission and present such request to the Patient Rights Care Committee. 12. Submitting any complaints against any person or entity in the mental health facility without this affecting the level of care provided to them.

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Federal Law No. (10) of 2023 On Mental Health 10 13. Seeking the assistance of whomever they deem appropriate to represent them before others and manage their affairs inside or outside the mental health facility. 14. Inform them personally, or inform representative or companion thereof, about the nature of their admission to the mental health facility when issuing or renewing the compulsory admission decision in a language or in a manner they understand and inform them in writing of all their rights, including the reason for admission and the procedures to be followed if they wish to leave. 15. Leaving the mental health facility at the end of the compulsory admission period with obtaining a plan for psychological and social care. 16. Obtaining health insurance that covers comprehensive health care in accordance with the legislation in force in the State. 17. Providing support to facilitate the teaching and learning process and practising recreational and cultural activities in coordination with the relevant authorities. 18. Any other rights to be determined by a resolution issued by the Minister in coordination with the Health Authorities.

Article (10) Rights related to the Psychiatric Patient Health Care When receiving mental health care, a psychiatric patient shall be entitled to the following: 1. Receiving psychological treatment and psychiatric medications in accordance with the recognised medical principles. 2. Being educated of the diagnosis that was given to them and receiving complete information about the treatment plan and its progress, the extent of response thereto and any modification thereon, the therapeutic methods and the benefits expected from them, the risks and potential side effects, and possible therapeutic alternatives before agreeing to the treatment and informing them of the reasons for their transfer inside or outside the health facility, if any. In the event their health condition does not permit the aforementioned, the consent of their legal representative shall be taken, subject to the

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Federal Law No. (10) of 2023 On Mental Health 11 procedures applicable in the emergency cases. 3. Active and continuous participation in the treatment plan as much as their condition allows to express their will. 4. Receiving physical health care. 5. Informing them or their representative of the name and position of each member of the therapeutic team who cares for them in the mental health facility. 6. Receiving due care in a safe and sanitary environment in accordance with the applicable standards in the field of mental health. 7. Not to undergo any experimental treatment or medical research without their consent or the consent of their representative and after fulfilling the conditions and controls stipulated in the legislation in force in the State. 8. Not to undergo any treatment without their consent or their representative except in cases stipulated by law. 9. Knowing the health services available in the mental health facility, how to obtain them, their costs, and how to cover such costs. 10. Receiving a comprehensive medical report on their mental health condition and the examinations and treatment procedures that were taken while they were in the mental health facility. 11. Receiving a copy of their medical file in accordance with what is specified in the executive regulations hereof. 12. Any other rights to be determined by a resolution issued by the Minister in coordination with the Health Authorities.

Article (11) Minor Psychiatric Patient Minor psychiatric patients shall be covered by special health guarantees that take into account their age group, psychiatric condition, and best interests, including: 1. The right to education.

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Federal Law No. (10) of 2023 On Mental Health 12 2. Obligating the representative of the minor psychiatric patient to follow the treatment plan. 3. Any procedure shall be preceded by a preparation conducted by a social worker or psychologist. 4. Allocating places upon compulsory admission, separate them from spaced designated for adults, and provide separate facilities for them. The executive regulations hereof shall specify the guarantees and controls for the compulsory admission of a minor psychiatric patient and all other issues related to their rights and the provision of advice and guidance to family thereof.

Article (13) Patient Rights Care Committee The facility Head shall establish a committee named the "Patient Rights Care Committee", in every mental health facility with departments for the residence of psychiatric patients. Such committee shall be chaired by a psychiatrist and comprise the following members: 1. A psychologist in a mental health facility; 2. A Social service specialist in the mental health facility; and

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Federal Law No. (10) of 2023 On Mental Health 13 3. Psychiatric nurse in the psychiatric health facility. The director of the health facility may add any specialist to the membership of this committee. The system of its work shall be determined by a decision of the head of the competent health authority.

Article (15) Grievance and objection 1. The psychiatric patient or their representative may appeal the decision of the Patient Rights Care Committee before the committee, in accordance with the controls and procedures specified in work system thereof. 2. The director of the mental health facility or their authorised representative may object to the decisions of the Patient Rights Care Committee within the facility, following the procedures and guidelines outlined in the committee's operational system. 3. The grievance or objection may not result in stopping the implementation of the decision regarding which a grievance or objection is submitted, and the committee shall decide on the grievance or objection within (6) six working days from the date of the grievance or objection.

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Federal Law No. (10) of 2023 On Mental Health 14 Chapter Three Admission to mental health facilities

Article (20) Procedure for compulsory admission for evaluation 1. The treating physician shall, at the outset of the compulsory admission procedures for evaluation, inform the individual for whom admission to the mental health facility is mandated, or their representative, of the reasons for the admission, provided that the individual's condition allows for such communication. 2. The administration of the mental health facility shall inform the committee of any person who is compulsorily admitted for evaluation within a period not exceeding (7) seven business days as of the admission decision. 3. The period of compulsory admission for evaluation shall not exceed (45) days, which can be extended for a period the committee deems appropriate based on recommendation. from the physician conducting the evaluation. 4. The psychiatrist conducting the evaluation may decide to apply the system of compulsory admission for treatment or apply the system of compulsory outpatient therapeutic care to the person subject to the evaluation, in a way that shall not violate or conflict with the decision or judicial ruling issued on the evaluation.

Article (40) Controls of compulsory outpatient therapeutic care 1. Psychiatric patients shall be subject to compulsory outpatient therapeutic care by decision of the psychiatrist based on a medical recommendation or a request from their representative to be subjected to compulsory outpatient therapeutic care, with the pledge of their representative to implement the prescribed treatment programme. 2. The psychiatrist shall issue the decision referred to in Clause (1) of this Article upon verifying the following: a. The presence of a mental disorder. b. The psychiatric patient condition requires continuous treatment without the need for them to be admitted to a mental health facility. c. The psychiatric patient condition does not pose a serious threat to their safety and life thereof or others. d. Deterioration of the patient psychiatric condition if treatment is discontinued. 3. The administration of the mental health facility is committed to following up on the patient condition and informing the committee about the same within a period not exceeding (14) days from the date of implementation of the compulsory outpatient therapeutic care decision. 4. Based on the recommendation of the psychiatrist and with the approval of the judicial authority that ordered the admission, a psychiatric patient may be subjected to compulsory outpatient therapeutic care in accordance with the procedures specified in the executive regulations hereof. 5. The period of compulsory outpatient therapeutic care shall end by the end of its purpose or need, based on a report from the psychiatrist.

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Federal Law No. (10) of 2023 On Mental Health 22

Article (43) Consent of the patient for compulsory admission The psychiatrist may give the psychiatric patient subject to the compulsory admission system the necessary treatment, with or without their consent, for a period of (45) days from the date of the admission decision, subject to extension, with the exception of the following cases in which the consent of the psychiatric patient or their legal representative shall be obtained: 1. Electroconvulsive therapy, except in emergency cases. 2. Treating organic diseases suffered by a psychiatric patient, except in emergency cases.] 3. Special treatments determined by a decision of the Minister. The Executive Regulations hereof shall determine the terms and conditions for

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Federal Law No. (10) of 2023 On Mental Health 23 implementing this Article.

Article (47) Restricting or isolating psychiatric patients A psychiatric patient may not be restrained or isolated in accordance with Article (48) hereof, except with the permission of the psychiatrist without the need to obtain the approval of the psychiatric patient. In emergency cases, the nurse entrusted with attending to the psychiatric patient may resort to restraining or isolating them, provided that they shall immediately notify the psychiatrist to examine them and determine the period of their restriction or isolation as they deem appropriate. In all cases, the restriction or isolation shall only be for the period required by their health condition and shall end immediately if the reason for it ends. The executive regulations hereof shall specify the procedures and controls for restraining and isolating a psychiatric patient, including controls for isolation rooms.

Article (50) Voluntary submission to addiction treatment 1. No information or data may be disclosed to any party other than the health authorities, the judicial authority, and the security authorities about persons who are admitted to a health facility for the purpose of treatment for drug abuse or psychotropic substances, without prejudice to the provisions of Federal Decree by Law No. (30) of 2021 on Combating Narcotic Drugs and Psychotropic Substances. 2. If the adult addict, or the guardian or custodian of a minor, voluntarily present themselves to a mental health facility for the purpose of treatment for drug or psychotropic substance abuse, before an arrest warrant is issued against them, then admission to or discharge from the facility shall not require the approval of the Public Prosecution, and a criminal case may not be filed against them in such case. Chapter Six Penalties