UAE Healthcare / Pharma LawCabinet Resolution No. (25) of 2020 on the Executive Regulation of Decree-Federal Law No. (5) of 2016 on the Regulation of Human Organs and Tissue Transplantation

Article (1) Definitions The definitions stated in the aforementioned Federal Decree-Law No. 5 of 2016 shall apply to this Resolution. Other than that, the following words and expressions shall have the meanings ascribed thereto unless the context requires otherwise: Ministry : Ministry of Health and Prevention. Decree-Law : Federal Decree-Law No. 5 of 2016 On the Regulation of Human Organs and Tissue Transplantation.

Article (2) Requirements and Procedures to License Health Facilities 1. A health facility that desires to conduct human organs and tissues transplantation shall have the authorization to do so from the concerned health authority before starting any activity in this field. 2. In order to acquire the aforementioned authorization in Clause 1 of this Article, the health

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Cabinet Resolution of 2020 on the Executive Regulation of Decree-Federal Law of 2016 on the Regulation of Human Organs and Tissue Transplantation 2 facility shall have the necessary installations, accessories, human resources and infrastructure to exercise this activity in a way that is suitable to the field the f…

Article (3) Requirements and Procedures for Physicians Authorizations 1. A physician who performs human organs, parts of organs and tissues transplant operation shall have a license from the concerned health authority before performing the operation. 2. In order to obtain the aforementioned license, the physician shall have the following: a. He shall have an efficiency recognized by the health authority to perform human organs, parts of organs and tissues transplant operations based on his experience in this field or the suitable training he received, in addition to the kind of human organs or tissues that enter within the scope of his work and practice. b. The physician shall sign an acknow…

Article (4) Requirements to Renew the License of the Health Facility In order to renew the license of the health facility, the following shall be available: 1. Requirements stipulated in Clause 2 of Article 2 of this Resolution shall be available. 2. A detailed scientific annual report shall be submitted to the Ministry showing the results of transplantation in the health facility according to the data determined by the Ministry, provided that the following shall be included: a. The condition of patients for whom human organs, parts of organs and tissues transplant operations were performed. b. The condition of the transplanted organ. c. Percentage of implications due to transplantation comp…

Article (5) Exchange Transfer The following shall be available to perform exchange transfer: 1. There shall be two patients who need to transplant a human organ or tissue and they are not relatives up to the fourth degree. 2. There is a donor from the part of each patient, provided that the donor is a relative up to the fourth degree. 3. Donors shall agree to donate in exchange for the other patient who is not a relative as mentioned. 4. Physicians shall admit that donation is viable from the medical respect for the benefit of the two patients reciprocally. 5. An undertaking and an acknowledgement from each donor shall be provided that they shall not claim any compensation regardless the out…

Article (6) Requirements to Prove Donation After Death A person who desires to donate one of his organs, parts of organs or tissues after death shall prove this in his ID according to the rules and procedures organizing Ids, through registration at the website determined by the Ministry or to record this in a written will and two persons of full capacity shall sign it according to the template prepared by the Ministry. The same provision shall be applicable to the person who does not desire to donate one of his organs, parts of organs or tissues after death. His desire shall be proved the same way as stated in the above paragraph of this Article. In all cases, the desire to donate or not to…

Article (7) Register of Persons Desiring to Donate A register shall be created at the Ministry to include the names of persons desiring to donate after death. This shall be through the data recorded at the Federal Authority for Identity and Citizenship or the website determined by the Ministry.

Article (8) Amendment of License Requirements Upon a resolution issued by the Minister and in coordination with health authorities, requirements stipulated in the annex of this Resolution may be amended without prejudice to the Decree-Law.

Article (9) Issuance of Executive Resolutions The Minister shall issue the resolutions necessary to implement the provisions of this Resolution.

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Cabinet Resolution of 2020 on the Executive Regulation of Decree-Federal Law of 2016 on the Regulation of Human Organs and Tissue Transplantation 5

Article (10) Publication and Enforcement of the Resolution This Resolution shall be published in the Official Gazette; and shall enter into force as of the day following the date of its publication. Signed Mohammed Bin Rashid Al Maktoum Prime Minister Issued by us: Date: 7 Shaban 1441 H Corresponding to: 31 March 2020

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Cabinet Resolution of 2020 on the Executive Regulation of Decree-Federal Law of 2016 on the Regulation of Human Organs and Tissue Transplantation 6 Annex As attached to the Cabinet Resolution No. 25 of 2020 on the Executive Regulation of Decree-Federal Law No. 5 of 2016 on the Regulation of Human Organs and Tissue Transplantation Requirements for Private Health…