Law
No. (6) of 2018
Concerning
the
Dubai
Health Authority[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (5) of 1995 Establishing the Department of Finance;
Law No. (3) of 2003 Establishing the Executive Council of
the Emirate of Dubai;
Law No. (9) of 2004 Concerning the Dubai International
Financial Centre and its amendments;
Law No. (27) of 2006 Concerning Management of the Government
of Dubai Human Resources and its amendments;
Law No. (13) of 2007 Establishing the Dubai Health Authority
and its amendments;
Law No. (9) of 2011 Concerning the Dubai Healthcare City;
Law No. (11) of 2013 Concerning Health Insurance in the
Emirate of Dubai;
Law No. (2) of 2015 Concerning Human Resource Management of
Executive Directors/ Chief Executive Officers in the Government of Dubai;
Law No. (1) of 2016 Concerning the Financial Regulations of
the Government of Dubai;
Decree No. (9) of 2012 Approving a Pricing Method for the
Dubai Health Authority Services;
Executive Council Resolution No. (32) of 2012 Regulating the
Practice of Medical Professions in the Emirate of Dubai; and
The legislation establishing and regulating free zones in
the Emirate of Dubai,
Do
hereby issue this Law.
This
Law will be cited as "Law No. (6) of 2018 Concerning the Dubai Health
Authority".
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
DHA: |
The Dubai Health Authority. |
|
President: |
The president of the DHA. |
|
Director General: |
The director general of the DHA. |
|
Health Sector: |
All components of the health system whose objective
is to protect Public Health and provide Healthcare. |
|
Public Health: |
The community health, safety, and protection from
diseases and health problems ensured through organised efforts and through adopting
procedures that preserve the health of the community. |
|
Healthcare: |
The Health Services provided by Healthcare
Facilities, including hospitals, primary Healthcare centres, clinics, and
medical and health centres. |
|
Profession: |
Any of the medical professions, or related
professions, specified by the relevant federal and local legislation. |
|
Medical Staff: |
The persons practising the Profession at the DHA and
its affiliated corporations. |
This
Law will apply to the DHA established pursuant to the above-mentioned Law No.
(13) of 2007 and its amendments as a public authority having legal personality
and the legal capacity required to undertake all acts and dispositions that
ensure the achievement of its objectives.
The
head office of the DHA will be located in the city of Dubai. Offices of the DHA
may be established within and outside of the Emirate pursuant to a resolution
of the Director General.
The
DHA will have the following objectives:
1. to regulate the
Health Sector in the Emirate with a view to enhancing competitiveness,
operational efficiency, transparency, and service and product quality in
accordance with the relevant adopted policies and the highest international
standards;
2. to improve the
quality of health, therapeutic, preventive, and pharmaceutical services and
products in the Emirate in accordance with the relevant adopted strategic plans
and best international practices;
3. to ensure
providing Health Insurance schemes in the Emirate to UAE Nationals, Residents,
and Visitors; and to improve the quality of the relevant services in accordance
with the highest international standards;
4. to contribute to
establishing an infrastructure that guarantees attracting Health Sector
investors to the Emirate;
5. to promote the
Emirate as a global medical and healthcare hub and a health tourism
destination;
6. to promote the
Emirate as a leading medical education, professional development, and
specialised research destination;
7. to enhance and
support creativity and futurism in all health-related fields; and
8. to enhance
community health and safety, to protect the community from diseases and health
risks, and to maintain health security in the Emirate.
For
the purpose of achieving its objectives, the DHA will have the duties and
powers to:
1. develop, and
supervise the implementation of, comprehensive strategic plans for the Health
Sector in the Emirate;
2. conduct studies
and research on the Emirate’s need for health and medical services, and ensure
that investment projects in the Health Sector are aligned with the outcome of
such studies and research;
3. authorise
individuals and Government and private facilities, including individuals and
facilities operating in Special Development Zones and free zones such as the
Dubai International Financial Centre, to practise the Profession in the
Emirate, in accordance with the relevant regulations and policies adopted by
the DHA;
4. audit and inspect
Healthcare Facilities, including those operating in Special Development Zones
and free zones such as the Dubai International Financial Centre; and the
performance of their Professionals, to ensure their compliance with the
relevant standards, bylaws, and rules adopted by the DHA and its affiliated
corporations;
5. regulate, in
coordination with competent entities within and outside of the UAE, the
provision of medical education services and the conduct of medical research and
experiments;
6. devise and develop
Health Sector policies, bylaws, and regulations, including those related to
Health Insurance systems; Public Health; preventive medicine services; requirements for practising the Profession by individuals and
facilities; investment in the Health Sector; organising Health Sector-related
conferences and events; health information systems; medical research and
experiments; enhancing the performance of Medical
Staff; and other matters;
7. regulate and
approve, in coordination with concerned entities, prices for the Health
Services provided by private Healthcare Facilities in the Emirate;
8. issue resolutions
concerning the pricing of Health Services provided by the DHA and its
affiliated corporations, in coordination with the Department of Finance;
9. ensure, in
cooperation and collaboration with the private sector, the provision of
appropriate Health Services to various segments of the community at fair and
reasonable prices by establishing and managing an integrated health information
system in accordance with international health and medical standards;
10. study and propose
draft legislation regulating the Health Sector; and submit, to the competent
entities in the Emirate, recommendations for updating and developing such
legislation to ensure that it is in line with the latest developments;
11. provide medical
fitness and vocational health test services in the Emirate, including in
Special Development Zones and free zones such as the Dubai International
Financial Centre. The DHA and its affiliated corporations may, in accordance
with the relevant rules and standards adopted by them, authorise others to
provide administrative services related to these medical fitness and vocational
health tests;
12. regulate the
referral of patients to receive Healthcare in Healthcare Facilities within and
outside of the UAE, in accordance with the relevant standards and rules adopted
by the DHA and its affiliated corporations;
13. regulate and
manage health tourism in the Emirate in coordination with concerned entities;
14. devise, manage,
develop, and implement the policies related to Health Insurance business and
systems; and audit and inspect the facilities conducting Health
Insurance-related activities in the Emirate;
15. manage, regulate,
and authorise the content of health-related advertisements in the Emirate; and
oversee and audit these advertisements, in coordination with concerned
entities;
16. own and take lease
of movable and immovable property, materials, devices,
equipment, and systems as required to enable the DHA and its affiliated
corporations to exercise their duties and powers under this Law and the
legislation in force in the Emirate; and
17. exercise any other duties or powers required to
enable it to achieve its objectives under this Law, as assigned to it by the
Ruler, the President, or the Chairman of the Executive Council.
The
provisions of this Law will apply without prejudice to the duties and powers
assigned to the Dubai Healthcare City Authority pursuant to the above-mentioned
Law No. (9) of 2011 and other legislation in force in the Emirate.
A
President will be appointed to the DHA pursuant to a decree of the Ruler.
a. A Director General
will be appointed to the DHA pursuant to a decree of the Ruler.
b. The Director
General will manage the DHA and undertake general supervision of the exercise
of the duties and powers assigned to it under this Law, the resolutions issued
in pursuance hereof, and other legislation in force in the Emirate. In
particular, the Director General will have the duties and powers to:
1.
approve, and
supervise the implementation of, the general policy; plans; work programmes;
and projects of the DHA and its affiliated corporations;
2.
approve the draft
annual budget and financial statements of the DHA, and submit the same to the
competent entities in the Emirate for approval;
3.
approve the
organisational structure of the DHA and its affiliated corporations, and submit
the same to the competent entities in the Emirate for final approval;
4.
approve draft
legislation regulating the Health Sector in the Emirate, and submit the same to
competent entities in the Emirate for final approval in accordance with their
procedures;
5.
approve the
resolutions concerning the pricing of Health Services provided by the DHA and
its affiliated corporations, in coordination with concerned entities;
6.
represent the DHA
before third parties; and conclude contracts, agreements, and memoranda of
understanding related to health and to Health Sector regulation, in line with
applicable legislation;
7.
approve the
resolutions, policies, and bylaws regulating the administrative, financial, and
technical work of the DHA and its affiliated corporations;
8.
supervise the work
of the DHA and its affiliated corporations and follow up the performance of
their duties in an efficient and effective manner, in line with the approved
policies, plans, and strategic programmes and with a view to improving the
quality of the health, preventive, therapeutic, and other services provided by
the DHA and its affiliated corporations;
9.
appoint and
determine the remuneration of external auditors for projects implemented by the
DHA in partnership with government and private sectors; and review the reports
and notes submitted by these auditors at the end of each Financial Year;
10.
undertake general
supervision of the work of the DHA executive body; manage its technical,
administrative, and financial affairs; and ensure that it performs its duties
in an efficient and effective manner.
11.
approve the
performance indicators system of the executive body of the DHA;
12.
submit periodic
reports on the performance of the DHA and its affiliated corporations to the
President and the Executive Council; and
13.
form permanent or
temporary sub-committees and work teams, from amongst the Employees of the DHA
and its affiliated corporations or other persons, to assist him in performing
his duties; and determine the duties and powers of such sub-committees and work
teams; and
14.
exercise any other
duties or powers assigned to him by the Ruler, the President, or the Chairman
of the Executive Council.
c. The Director
General may delegate any of his powers under paragraph (b) of this Article to
any of the Chief Executive Officers of DHA sectors or affiliated corporations,
provided that such delegation is specific and in writing.
a. The DHA will have
as part of its organisational structure affiliated corporations that are
engaged in providing Health Services and regulating the Health Sector. These
corporations will be established and their functions determined pursuant to a
Decree of the Ruler.
b. Each affiliated
corporation will have a Chief Executive Officer appointed pursuant to a
resolution issued by the Chairman of the Executive Council upon recommendation
of the Director General.
a. The executive body
of the DHA will be comprised of a number of administrative, technical, and
professional Employees. The above-mentioned Law No. (27) of 2006 Concerning
Management of the Government of Dubai Human Resources will apply to these
Employees.
b. The Medical Staff
will be governed by the human resources bylaw proposed by the Director General
in accordance with concerned entities and approved by the Chairman of the
Executive Council.
The
financial resources of the DHA will consist of:
1. the annual budget
allocated to the DHA by the Government;
2. the revenue
collected by the DHA and its affiliated corporations in return for the services
they provide;
3. the return on
investments of the DHA property;
4. grants, gifts,
donations, bequests, and endowments received by the DHA and its affiliated
corporations and accepted by the Director General, in accordance with the
approved standards and rules and the relevant legislation in force; and
5. any other
resources approved by the Executive Council.
In
regulating its accounts and records, the DHA and its affiliated corporations
will apply the rules and principles of government accounting. The Financial Year
of the DHA will commence on 1 January and will end on 31 December of each year.
The
Director General will issue the resolutions required for the implementation of
the provisions of this Law.
a. This Law
supersedes the above-mentioned Law No. (13) of 2007 and its amendments.
b. Any provision in
any other legislation will be repealed to the extent that it contradicts the
provisions of this Law.
c. The resolutions
and bylaws issued in implementation of the above-mentioned Law No. (13) of 2007
and its amendments will continue in force, to the extent that they do not
contradict this Law, until new superseding resolutions and bylaws are issued.
This
Law comes into force on the day on which it is issued, and will be published in
the Official Gazette.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in
Dubai on 30 April 2018
Corresponding
to 14 Shaaban 1439 A.H.
©2020 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.