Executive Council Resolution No. (32) of 2012
Regulating the
Practice of Medical Professions in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman
of the Executive Council,
After
perusal of:
Federal Law
No. (7) of 1975 Concerning the Practice of the Human Medical Profession and its
amendments;
Federal Law
No. (27) of 1981 Concerning Prevention of Communicable Diseases;
Federal Law
No. (4) of 1983 Concerning the Pharmaceutical Profession and Pharmaceutical
Establishments;
Federal Law
No. (5) of 1984 Concerning the Practice of Some Medical Professions by
Non-physicians and Non-pharmacists;
Federal Law
No. (2) of 1996 Concerning Private Healthcare Facilities;
Federal Law
No. (10) of 2008 Concerning Medical Liability;
Federal Law
No. (11) of 2008 Concerning Licensing Fertility Centres in the UAE;
Law No. (3)
of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (13)
of 2007 Establishing the Dubai Health Authority;
Law No. (32)
of 2008 Establishing the Government of Dubai Legal Affairs Department;
Law No. (35)
of 2009 Concerning Management of the Public Funds of the Government of Dubai
and its amendments;
Law No. (9)
of 2011 Concerning the Dubai Healthcare City;
Decree No.
(22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Administrative
Resolution No. (39) of 2005 Approving the Violations and Fines Bylaw of the
Private Medical Sector; and
The legislation
related to free zones in the Emirate of Dubai,
Do hereby issue this Resolution.
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. |
|
Committee: |
The medical practice committee formed pursuant
to this Resolution. |
|
Directorate: |
The Health Regulation Directorate in the DHA. |
|
Profession: |
Any of the medical professions and related
professions as specified by the relevant federal and local legislation. |
|
Professional: |
A natural person authorised by the DHA to
practise a Profession in the Emirate. |
|
Healthcare Facility: |
A place where it is permitted to conduct
medical examinations of patients, diagnose diseases, administer treatment, provide
nursing and convalescence, or any other procedures related to treatment or post-treatment
rehabilitation. |
|
Authorisation: |
A document issued by the DHA to a Professional
or Healthcare Facility licensing them to practise, or provide the services
of, a Profession in the Emirate. |
The provisions of this Resolution will apply
to all non-governmental Healthcare Facilities and their Professionals in the
Emirate and in the free zones including Dubai International Financial Centre
and Special Development Zones. The Dubai Healthcare City regulated by the above-
mentioned Law No (9) of 2011 will be exempt from compliance with this
Resolution.
a. A natural or legal person may practise,
or provide the services of, a Profession in the Emirate only after obtaining
the relevant prior Authorisation from the DHA and a licence from the competent
authorities issuing trade licences in the Emirate.
b. A Professional or Healthcare Facility
may conduct an activity other than the activity mentioned in their Authorisations
only after obtaining the relevant prior permit from the DHA.
All Healthcare Facilities and Professionals must
comply with the terms of the Authorisation issued to them, and with the rules
and standards adopted by the DHA for practising a Profession.
a. A permanent committee named the “Medical
Practice Committee” will be formed at the DHA pursuant to a resolution of the
Director General. The Committee will be comprised of a chairman, a vice
chairman, and a number of specialised and experienced members, selected from the DHA or otherwise.
b. The resolution forming the Committee will
define its mode of operation and ways of holding meetings and passing
resolutions.
c. The Committee may invite experts and
specialists, as it deems appropriate, to attend its meetings provided that such
persons will not have a vote in its deliberations. The Committee may also seek
assistance from the competent organisational units of the DHA to provide the
necessary support.
The Committee will have the duties and powers
to:
1. propose and review the rules and conditions
for practising, and providing the services of, a Profession by Professionals
and Healthcare Facilities in the Emirate, and submit the same to the Director
General for approval;
2. consider the Authorisation applications
of Professionals and Healthcare Facilities referred to it by the Directorate
and make the appropriate decisions thereon;
3. set and review the standards for
equivalence of academic and professional medical qualifications required for
practising a Profession in the Emirate;
4. set standards for exemption from the initial
assessment required for granting Authorisations to persons working in the health
sector in the Emirate;
5. coordinate with the competent organisational
units in the DHA, and with the concerned local and federal government entities in
respect of all matters related to practising a Profession in the Emirate;
6. impose appropriate penalties on
violating Professionals and Healthcare Facilities in the Emirate in accordance
with the provisions of this Resolution and the legislation in force; and
7. perform any other duties assigned to
it by the Director General.
The DHA is the competent entity in the Emirate
responsible for issuing Authorisations. The DHA may, through the Directorate, supervise
the implementation of this Resolution, and in particular:
1. receive, consider, and take the appropriate
action regarding applications submitted by persons and facilities in the
Emirate for practising a Profession;
2. perform inspection and control of all Professionals
and Healthcare Facilities in the Emirate;
3. consider complaints against
Professionals and Healthcare Facilities in the Emirate, form the necessary
investigation committees, and submit the appropriate recommendations in this
respect to the Committee;
4. implement the decisions of the
Committee imposing penalties and measures on violating Professionals and Healthcare
Facilities; and
5. create a database of the names and
activities of the Professionals and Healthcare Facilities operating in the
Emirate.
Persons and facilities will be authorised to
practise, or provide the services of, a Profession in the Emirate according to
the following procedures:
1. An application for Authorisation will
be submitted to the Directorate using the prescribed form. The Directorate will
consider the application and decide whether or not to grant the applicant an initial
approval.
2. Where an applicant is granted initial
approval, he must meet all requirements for practising the Profession, taking
into consideration the comments of the Directorate, no later than six (6) months
from the date of the initial approval, during which the applicant may not practise,
or provide the services of, the Profession before obtaining the Authorisation.
3. The Directorate, upon the request of
the applicant who has been granted the initial approval, will inspect and
perform an on-site audit to verify the fulfilment of all requirements for
practising the Profession. In light of the aforementioned, the Directorate may
take any of the following measures:
a. where all the requirements for practising the Profession are satisfied and all the deficiencies are addressed by the applicant, make recommendations to the Committee to grant the applicant the Authorisation; or
b. where not all the requirements for practising the Profession are satisfied or where not all the deficiencies are addressed by the applicant within the period specified in the paragraph (2)of this Article, a three-month grace period is granted, failing which, the initial approval will be revoked and the competent authority will be requested to cancel the trade licence.
An Authorisation issued for a Professional and
Healthcare Facility will be valid for a period of one (1) year, renewable for the
same period. The renewal application will be submitted within one (1) month before
the expiry of the Authorisation.
A Healthcare Facility may not assign its Authorisation
to any other entity without obtaining the prior approval of the DHA.
The DHA will collect the fees, as set out in Schedules
(1) and (2) attached to this Resolution, in return for issuing Authorisations and
providing services.
Without prejudice to any stricter penalty provided
for in any other resolution, a person who commits any of the violations
mentioned in Schedule (3) attached to this Resolution will be subject to one of
the following penalties:
1. a warning;
2. a fine of no less than two thousand Dirhams
(AED 2,000.00) and no more than ten thousand Dirhams (AED 10,000.00), where the
violation is committed by a Professional; or
3. a fine of no less than five thousand Dirhams
(AED 5,000.00) and no more than twenty-five thousand Dirhams (AED 25,000.00),
where the violation is committed by a Healthcare Facility.
Without prejudice to any stricter penalty provided
for in any other resolution, a person who commits any of the violations
mentioned in Schedule (4) attached to this Resolution will be punished by the
fine indicated opposite that violation.
Upon repetition of the same violation within
one (1) year from the date of the previous violation, the amount of the fines prescribed
by this Resolution will be doubled, provided that a fine does not exceed one
hundred thousand Dirhams (AED 100,000.00) for natural persons, and two hundred
thousand Dirhams (AED 200,000.00) for facilities.
The DHA employees nominated by the Director
General in coordination with the Government of Dubai Legal Affairs Department, will
have the capacity of law enforcement officers to record the acts committed in breach
of the provisions of this Resolution. For this purpose, they may have access to
Healthcare Facilities, perform inspections and control of Professionals in the
Emirate, issue violation reports, and seek assistance from the concerned government
entities, including police personnel.
In addition to the penalties prescribed by
this Resolution and the legislation in force in the Emirate, the Director
General or the Committee may take any of the following measures against a Professional
or Healthcare Facility, in case any of the violations mentioned in this
Resolution and the legislation are proven to have been committed:
1. close down the section of the
Healthcare Facility where the violation is committed or close down the whole
Healthcare Facility for a period not exceeding six (6) months at a time;
2. suspend the Professional from practising
the Profession for a period not exceeding one (1) year; or
3. revoke the Authorisation of the Professional,
of the section of the Healthcare Facility where the violation is committed, or of
the Healthcare Facility.
Penalties stipulated by this Resolution will
be imposed by:
1. the Committee, where the violation committed
is set out in Schedule (3) attached to this Resolution; or
2. the director of the Directorate, on
receiving a written report from the competent inspector, where the violation committed
is set out in Schedule (4) attached to this Resolution.
The Director General may, based on the
recommendations of the Committee, issue an order for temporary partial or
complete closure of a Healthcare Facility, for a period not exceeding three (3)
months until the investigation into the violation it has committed is completed
if continuation of practice of the Profession poses grave danger to the public
health. The Director General may extend the closure for the same period.
The Director General or the Committee may
suspend a Professional under investigation in case he commits a malpractice or
violation of the legislation related to practising a Profession in the Emirate.
The suspension period will not exceed three (3) months, and it may be extended
for the same period.
a. The Director General must, based on
the recommendations of the Committee, refer a Professional or the person in
charge of a Healthcare Facility that commits a violation to the competent
judicial body if the violation constitutes a criminal offence. In this case,
the DHA must not consider the violation until the final decision is rendered by
the judicial body.
b. Finding a Professional or the person
in charge of a Healthcare Facility innocent
of or not responsible for the criminal offence they are charged with will not
exempt them from the penalties and measures prescribed by this Resolution.
A Professional and Healthcare Facility must remedy
the violation within the period set by the DHA and notify the Directorate of the
same within fifteen (15) days from the date of remedy of the violation.
Any affected party may submit a written
grievance to the Director General against the decisions and measures taken
against him under this Resolution within thirty (30) days of being notified of
the contested decision or measure. The grievance will be determined, by a
committee formed by the Director General for this purpose, within thirty (30)
days of referring the grievance to this committee. The decision issued in
respect of the grievance will be final.
A Professional may not work, even in administrative
positions, in any Healthcare Facility in the Emirate during the period for
which he is suspended or his Authorisation is revoked pursuant to this
Resolution, unless he obtains a prior approval from the Directorate.
A Professional or Healthcare Facility may apply
for the reinstatement of the Authorisation after two (2) years of its
revocation pursuant to this Resolution. The Committee will determine the
application according to the standards and procedures adopted by it in this
regard.
The fees and fines collected pursuant to this
Resolution will be paid to the Public Treasury of the Government of Dubai.
The Director General will issue the bylaws required
for the implementation of the provisions of this Resolution.
The above-mentioned Administrative Resolution
No. (39) of 2005 is hereby repealed. Any provision in any other resolutions or
instructions will also be repealed to the extent that it contradicts the
provisions of this Resolution.
This Resolution will be published in the
Official Gazette and will come into force on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 30 December 2012
Corresponding
to 17 Safar 1434 A.H.
|
SN |
Type of
Healthcare Facility |
Fees in Dirhams |
||||||
|
Initial Approval |
Design Modification |
On-site Inspection |
Additional On-site Inspection |
Issuing New Authorisation |
Authorisation Renewal |
Assignment of Authorisation |
||
|
1 |
Public Hospital Accommodating Less than 50
Beds |
2,000.00 |
1,000.00 |
4,000.00 |
2,000.00 |
20,000.00 |
20,000.00 |
20,000.00 |
|
2 |
Specialist Hospital
Accommodating Less than 50 Beds |
2,000.00 |
1,000.00 |
4,000.00 |
2,000.00 |
20,000.00 |
20,000.00 |
20,000.00 |
|
3 |
Public Hospital Accommodating (50-100) Beds |
2,000.00 |
1,000.00 |
4,000.00 |
2,000.00 |
30,000.00 |
30,000.00 |
30,000.00 |
|
4 |
Specialist Hospital Accommodating (50-100)
Beds |
2,000.00 |
1,000.00 |
4,000.00 |
2,000.00 |
30,000.00 |
30,000.00 |
30,000.00 |
|
5 |
Public Hospital Accommodating more than 100
Beds |
2,000.00 |
1,000.00 |
4,000.00 |
2,000.00 |
40,000.00 |
40,000.00 |
40,000.00 |
|
6 |
Specialist Hospital Accommodating more than
100 Beds |
2,000.00 |
1,000.00 |
4,000.00 |
2,000.00 |
40,000.00 |
40,000.00 |
40,000.00 |
|
7 |
Fertility Centre |
2,000.00 |
1,000.00 |
3,000.00 |
1,500.00 |
20,000.00 |
20,000.00 |
20,000.00 |
|
8 |
Addiction Rehabilitation Centre |
2,000.00 |
1,000.00 |
3,000.00 |
1,500.00 |
20,000.00 |
20,000.00 |
20,000.00 |
|
9 |
Convalescence
Home
|
2,000.00 |
1,000.00 |
3,000.00 |
1,500.00 |
20,000.00 |
20,000.00 |
20,000.00 |
|
10 |
Day Surgery Centre |
2,000.00 |
1,000.00 |
3,000.00 |
1,500.00 |
20,000.00 |
20,000.00 |
20,000.00 |
|
11 |
General Clinic |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
12 |
General Dental Clinic |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
13 |
School General Clinic |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
14 |
Labourers General Clinic |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
15 |
Specialist Clinic |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
6,000.00 |
6,000.00 |
6,000.00 |
|
16 |
Emergency Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
6,000.00 |
6,000.00 |
6,000.00 |
|
17 |
Thalassemia Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
6,000.00 |
6,000.00 |
6,000.00 |
|
18 |
Medical Resort |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
6,000.00 |
6,000.00 |
6,000.00 |
|
19 |
Polyclinic (two specialties) |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
12,000.00 |
12,000.00 |
12,000.00 |
|
20 |
Polyclinic (three or more specialties) |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
18,000.00 |
18,000.00 |
18,000.00 |
|
21 |
Healthcare Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
18,000.00 |
18,000.00 |
18,000.00 |
|
22 |
Mobile Clinic |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
18,000.00 |
18,000.00 |
18,000.00 |
|
23 |
Primary Healthcare Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
18,000.00 |
18,000.00 |
18,000.00 |
|
24 |
Audiology and Speech
Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
25 |
Dieting and Weight Control Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
26 |
Home Healthcare Services Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
27 |
Physiotherapy Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
28 |
Prosthetics and Orthotics Laboratory |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
29 |
Psychiatric Treatment Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
30 |
Smoking Cessation Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
31 |
Medical Laboratory |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
6,000.00 |
6,000.00 |
6,000.00 |
|
32 |
Diagnostic Centre (two specialties) |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
12,000.00 |
12,000.00 |
12,000.00 |
|
33 |
Radio-Diagnostic Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
6,000.00 |
6,000.00 |
6,000.00 |
|
34 |
Telemedicine Consultation Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
12,000.00 |
12,000.00 |
12,000.00 |
|
35 |
Blood Bank Services Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
12,000.00 |
12,000.00 |
12,000.00 |
|
36 |
Cord Blood Bank |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
12,000.00 |
12,000.00 |
12,000.00 |
|
37 |
Medical Fitness
Centre |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
12,000.00 |
12,000.00 |
12,000.00 |
|
38 |
Dental Laboratory |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
39 |
Alternative Medicine Centre (one specialty) |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
40 |
Alternative Medicine Centre (two specialties) |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
10,000.00 |
10,000.00 |
10,000.00 |
|
41 |
Alternative Medicine Centre (three specialties or more) |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
15,000.00 |
15,000.00 |
15,000.00 |
|
42 |
Optical Shop |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
5,000.00 |
5,000.00 |
5,000.00 |
|
43 |
Pharmacy |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
7,500.00 |
7,500.00 |
7,500.00 |
|
44 |
Pharmaceutical Warehouse |
1,000.00 |
500.00 |
2,000.00 |
1,000.00 |
7,500.00 |
7,500.00 |
7,500.00 |
|
45 |
Changing the Medical Director of the
Healthcare Facility or changing its name or location |
1,000.00 |
||||||
|
SN |
Description |
Fees in Dirhams |
|||
|
Physician |
Nurse |
Others |
|||
|
1 |
Assessment (regular) |
500.00 |
250.00 |
250.00 |
|
|
2 |
Assessment (urgent) |
2,000.00 |
2,000.00 |
2,000.00 |
|
|
3 |
Accreditation of credentials |
200.00 |
200.00 |
200.00 |
|
|
4 |
Issuing a new Authorisation |
3,000.00 |
1,000.00 |
1,000.00 |
|
|
5 |
Renewing Authorisation |
3,000.00 |
1,000.00 |
1,000.00 |
|
|
6 |
Transfer of Authorisation from one Healthcare Facility to
another in the Emirate |
3,000.00 |
1,000.00 |
1,000.00 |
|
|
7 |
Practising part-time at another Healthcare Facility |
4,000.00 |
4,000.00 |
4,000.00 |
|
|
8 |
Certificate of Experience |
Regular |
500.00 |
500.00 |
500.00 |
|
Urgent |
1,000.00 |
1,000.00 |
1,000.00 |
||
|
9 |
Replacement for damaged/lost card or variation of card
information |
50.00 |
50.00 |
50.00 |
|
|
SN |
Violation
Description |
|
1 |
Disclosure of
the patients’ medical secrets |
|
2 |
Bringing a
fellow Professional into disrepute or undermining his scientific knowledge or
integrity |
|
3 |
Failure to
adhere to the recognised code of ethics for a Profession |
|
4 |
Delay in
providing treatment without an acceptable justification or reason |
|
5 |
Providing false
or contradictory information about the treatment plan |
|
6 |
Prescribing
controlled drugs by an unauthorised Professional |
|
7 |
Writing a
prescription that does not conform to the bylaws adopted by the DHA in this
respect |
|
8 |
Abuse of
controlled medical prescriptions by an authorised Professional |
|
9 |
Failure to
provide medications and emergency medical requirements in accordance with the
rules adopted by the DHA in this respect |
|
10 |
Failure to explain
the procedures or risks related to treatment |
|
11 |
Use of drugs and medications that are not registered in the UAE |
|
12 |
Use or sale of expired
medications |
|
13 |
Determining
treatment by a Professional without conducting clinical examination of the patient |
|
14 |
Clinical
examination of patients from opposite gender without the presence of a third
party or without prior consent of the patient |
|
15 |
Treatment of a
patient without prior consent, except in emergency cases where medical
intervention is required and obtaining the consent of the patient or his
relative is difficult for any reason |
|
16 |
Abstaining from
or discontinuing emergency treatment of a patient |
|
17 |
Use of
unauthorised or illegal means to treat patients |
|
18 |
Running
unnecessary medical tests for patients to make financial profits |
|
19 |
Discharging a
patient whose condition is unstable from the Healthcare Facility where he is
treated, except in cases prescribed by the legislation in force |
|
20 |
Failure by the
Healthcare Facility to provide medical equipment and technical devices
required for the provision of healthcare services for patients |
|
21 |
Failure by the
Healthcare Facility to conduct periodic maintenance for medical equipment and
technical devices |
|
22 |
Failure by the
Healthcare Facility to maintain
functioning sterilisation equipment in accordance with the instructions issued by the DHA in this
respect |
|
23 |
Use of devices
or equipment for a specialty that is not authorised by the DHA |
|
24 |
Failure by a Professional
to commit to the recognised means and methods of preventing infection and cross-infection |
|
25 |
Changing the
data or information entered into the patient’s medical record in violation of
the instructions issued by the DHA in this respect |
|
SN |
Violation Description |
Fine in Dirhams |
|
1 |
Failure to
comply with the conditions and rules adopted by the DHA regarding maintaining
medical records |
2,000.00 |
|
2 |
Failure to
provide adequate professional staff required for provision of healthcare in
the Healthcare Facility |
10,000.00 |
|
3 |
Failure by the
Healthcare Facility to display the patient rights and duties chart in a
prominent place for easy reference by patients |
1,000.00 |
|
4 |
Failure by a Professional to use the personal
identification card or the Authorisation while practising a Profession |
1,000.00 |
|
5 |
Variation of
personal information or address of a Professional without informing the DHA
within ten (10) days from the date of this variation |
1,000.00 |
|
6 |
Failure to notify
the DHA of any variation of the information related to the Healthcare Facility
within ten (10) days from that date of this variation |
1,000.00 |
|
7 |
Variation of
any information of the Authorisation without prior permit from the DHA |
20,000.00 |
|
8 |
Relocation of
the Healthcare Facility without prior permit from the DHA |
5,000.00 |
|
9 |
Use of the Healthcare Facility premises for
unauthorised purposes |
20,000.00 |
|
10 |
Operating any Healthcare
Facility without an Authorisation or before completing the procedures for
obtaining the Authorisation |
50,000.00 |
|
11 |
Operating a Healthcare Facility after expiry
of Authorisation |
20,000.00 |
|
12 |
Delay in renewing the Authorisation of the Healthcare
Facility for less than six (6) months without prior permit or an acceptable reason |
20%
of the Authorisation fees for each month |
|
13 |
Provision of unauthorised
medical services or failure to adhere to practising a Profession within the authorised
specialty |
5,000.00 |
|
14 |
Failure to comply
with the recognised technical and medical requirements related to
establishing, operating, or managing a Healthcare Facility |
5,000.00 |
|
15 |
Failure to display the Healthcare Facility Authorisation
in a prominent place for easy reference by clients |
5,000.00 |
|
16 |
Failure by a Professional
or Healthcare Facility to present the Authorisation or other related
documents when requested by the DHA inspectors |
5,000.00 |
|
17 |
Issuing sick leave beyond the scope of a Professional’s
Authorisation |
5,000.00 |
|
18 |
Issuing sick leave
by unauthorised persons or by administrative employees in a Healthcare Facility |
5,000.00 |
|
19 |
Issuing false
or medically unjustifiable sick leave |
5,000.00 |
|
20 |
Issuing sick leave
for a period longer than the period authorised for the Professional |
5,000.00 |
|
21 |
Failure to issue a sick leave electronically |
5,000.00 |
|
22 |
Failure to comply
with the relevant instructions of the DHA when issuing medical reports |
2,000.00 |
|
23 |
Refraining from
issuing a medical report without a justification |
2,000.00 |
|
24 |
Failure by the Healthcare Facility to set
work-related bylaws |
1,000.00 |
|
25 |
Failure of the
Healthcare Facility to notify the DHA of any temporary closure of the Healthcare
Facility for any reason in accordance with the procedures adopted by the DHA
in this respect |
5,000.00 |
|
26 |
Failure to
notify the DHA of the discontinuation of any medical services provided by the
Healthcare Facility within ten (10) days of the discontinuation of service |
20,000.00 |
|
27 |
Failure to
notify the DHA of any malpractice related to practising a Profession in the
Healthcare Facility or endangering the health of patients or the society |
2,000.00 |
|
28 |
Failure to
cooperate with the DHA inspectors or obstructing their work |
5,000.00 |
|
29 |
Failure by the
Healthcare Facility or Professional to comply with the resolutions issued by DHA |
2,000.00 |
|
30 |
Failure by the
Healthcare Facility to comply with the rules adopted by the DHA regarding consent
to treatment, or failure to provide consent to treatment forms |
5,000.00 |
|
31 |
Failure by the
Healthcare Facility to comply with the clinical directives and bylaws adopted
by the DHA |
5,000.00 |
|
32 |
Publicising and
promoting any medicine or medical products in the Healthcare Facility without
obtaining approval from the DHA |
2,000.00 |
|
33 |
Trading by an
unauthorised Professional or Healthcare Facility in drugs and medications registered with the UAE |
2,000.00 |
|
34 |
Display of
false data or information on commercial signage or documents of the
Healthcare Facility or a Professional which are incompatible with the Authorisation
issued by the DHA |
5,000.00 |
|
35 |
Practising a Profession
by a natural person without an Authorisation |
50,000.00 |
|
36 |
Practising a Profession
by a Professional after a decision to suspend him is issued |
30,000.00 |
|
37 |
Failure by a
Professional to adhere to the specialty he is authorised to practise |
5,00000 |
|
38 |
Practising a Profession
by a Professional after the expiry of the Authorisation |
10,000.00 |
|
39 |
Delay by a Professional
in renewing the Authorisation for less than six (6) months without prior permit or an acceptable
reason |
20%
of the Authorisation fees for each month |
|
40 |
Employing, by
the Healthcare Facility, of Professionals with expired Authorisations |
10,000.00 |
|
41 |
Employing, by a
Healthcare Facility, of persons not authorised to practise a Profession |
30,000.00 |
|
42 |
Failure of a
Healthcare Facility or Professional to comply with the fees approved by the DHA
|
1,000.00 |
|
43 |
Failure by a
Healthcare Facility or a Professional to provide the DHA with the required
information within the specified period without an acceptable reason |
2,000.00 |
|
44 |
Failure by a
Healthcare Facility to assign or appoint a director to the Healthcare Facility
in the event the position remains vacant longer than the period specified by
the DHA |
5,000.00 |
|
45 |
Failure by a
Healthcare Facility to update the records of its employees |
5,000.00 |
|
46 |
Failure by
optical shops to comply with the regulations for issuing eye test certificates |
20,000.00 |
|
47 |
Failure to meet
the requirements related to the management and ways of disposal of medical
waste |
5,000.00 |
|
48 |
Commercial
advertising and promotion of the services provided by the Healthcare Facility
without prior approval of the DHA |
2,000.00 |
|
49 |
Accommodating
patients for more than twenty four (24) hours by a Healthcare Facility that
is not authorised to do this |
10,000.00 |
|
50 |
Refusing to
receive notices sent to a Professional or Healthcare Facility by the DHA |
2,000.00 |
|
51 |
Failure to cooperate
with the investigation committees formed by the DHA |
5,000.00 |
|
52 |
Failure by a
Healthcare Facility to display, in a prominent place, the prices of the
medical services provided by the Healthcare Facility |
5,000.00 |
|
53 |
Display of
material, pictures, or advertisements violating public morality in the Healthcare
Facility |
10,000.00 |
|
54 |
Store narcotic or
controlled drugs by a Healthcare Facility that is not authorised |
20,000.00 |
|
55 |
Variation of the
plan or design of a Healthcare Facility without prior permit from the DHA |
10,000.00 |
|
56 |
Failure to
notify the DHA of the mortality reports or provide the relevant files
periodically |
5,000.00 |
|
57 |
Failure by school
clinics to comply with the conditions and requirements adopted by the DHA |
10,000.00 |
|
58 |
Failure by school
clinics to comply with the principles and standards of vaccination adopted by
the DHA |
10,000.00 |
|
59 |
Charging fees
for free vaccines provided for schools by the DHA |
5,000.00 |
*For the purposes of calculating the
fines set out
in this Schedule, a part of a month will be rounded up to a full month.
©2015 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort has
been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict the
Arabic text will prevail.