Law No. (5) of 2019
Concerning the
Erada Centre for
Treatment and Rehabilitation in Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (9) of 1976 Concerning
Delinquents and Homeless Juveniles and its amendments;
Federal Law No. (3) of 1987 Issuing the
Penal Code and its amendments;
Federal Law No. (35) of 1992 Issuing the
Criminal Procedure Code and its amendments;
Federal Law No. (14) of 1995 Concerning
Combating Narcotics and Psychotropic Drugs and its amendments;
Federal Law by Decree No. (4) of 2016
Concerning Medical Liability;
The Dubai Police Law of 1966 and its Implementing Bylaw No. (1) of 1984;
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. (8) of 2015 Concerning the
Community Development Authority in Dubai;
Law No. (1) of 2016 Concerning the
Financial Regulations of the Government of Dubai;
Law No. (5) of 2016 Establishing the
Erada Centre for Treatment and Rehabilitation;
Law No. (8) of 2016 Regulating the Grant
of Law Enforcement Capacity in the Government of Dubai;
Law No. (13) of 2016 Concerning the
Judicial Authorities in the Emirate of Dubai;
Law No. (14) of 2017 Regulating
Endowments and Gifts in the Emirate of Dubai;
Law No. (6) of 2018 Establishing the
Dubai Health Authority;
Law No. (8) of 2018 Concerning Management
of the Government of Dubai Human Resources;
Decree No. (9) of 2015 Regulating the
Raising of Donations in the Emirate of Dubai; and
Decree No. (28) of 2015 Concerning
Governance of the Boards and Committees Affiliated to the Government of Dubai,
Do hereby issue this Law.
This Law will be cited as "Law No. (5) of 2019 Establishing
the Erada Centre for Treatment and Rehabilitation in Dubai".
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. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate
of Dubai. |
|
Judicial Authority: |
The competent court or the
Public Prosecution, as the case may be. |
|
Public Prosecution: |
The Public Prosecution of the Emirate. |
|
Attorney General: |
The Attorney General of the Emirate. |
|
Competent Entity: |
Any entity affiliated to the
Government which is concerned, pursuant to its governing legislation, with
Voluntary Inpatients or Committed Patients or with any of the
services rendered to them. |
|
Erada Centre: |
The Erada Centre for Treatment and
Rehabilitation in Dubai. |
|
Board of Directors: |
The board of directors of the Erada
Centre. |
|
Chairman: |
The chairman of the Board of
Directors. |
|
Executive Director: |
The executive director of the Erada
Centre. |
|
Addiction: |
A physical, psychological, or mental
condition resulting from the interaction of certain chemical substances with
the human body due to consuming Narcotics, Psychotropic Drugs, or alcohol, which impairs the
physical or psychological health of a person and renders him
dependent on such substances and willing to obtain them by any means even if
it is illegal. |
|
Narcotics: |
Any of the natural or synthesised
substances stipulated in the above-mentioned Federal Law No. (14) of
1995 and the resolutions issued in pursuance thereof. |
|
Voluntary Inpatient: |
A natural person who suffers from Addiction,
and who is admitted to the Erada Centre, for treatment or
rehabilitation, upon his request or upon the request of his legal representative;
spouse; relative up to the second degree; or employer. |
|
Committed Inpatient: |
A natural person who suffers from Addiction,
and who is committed by the Judicial Authority to the Erada Centre for treatment or
rehabilitation, in accordance with the rules and procedures prescribed by this Law. |
The provisions of this Law apply to the Erada Centre for Treatment
and Rehabilitation established pursuant to the above-mentioned Law No. (5) of
2016 as a public corporation having legal personality and the legal capacity required to undertake all
acts and dispositions that ensure the achievement of its objectives.
The Erada Centre is hereby affiliated to the Executive Council.
The head office of the Erada Centre will be located in the Emirate.
The Erada Centre aims to:
1.
provide Addiction
treatment and rehabilitation services;
2.
encourage persons
suffering from Addiction to seek treatment and rehabilitation at the Erada Centre;
3.
contribute to
protecting the members of the community from all types of Addiction and
safeguarding them against the danger of slipping into it;
4.
increase the awareness
of the members of the
community on the dangers of Addiction;
5.
partake in the
social inclusion of Voluntary Inpatients and Committed
Inpatients recovering from Addiction; and
6.
support and
encourage the families of Voluntary Inpatients and Committed Inpatients and
raise their awareness on the necessity of the treatment and rehabilitation
of their addicted relatives.
For the purpose of achieving its objectives, the Erada Centre will
have the duties and powers to:
1.
contribute to
developing Addiction treatment and rehabilitation policies and strategic plans
in the Emirate in coordination with the Dubai Health Authority and the
Competent Entities;
2.
devise and develop
specialised programmes for Addiction combating, treatment, and rehabilitation,
in accordance with the best international practices adopted in this regard;
3.
provide Addiction
treatment and rehabilitation services to adult and minor Voluntary Inpatients
and Committed Inpatients using the resources available at the Erada Centre, in accordance with
this Law and the resolutions issued in pursuance hereof, and with the
legislation in force and the policies adopted in the Emirate;
4.
provide a healthy,
safe, and favourable environment for Voluntary Inpatients and Committed
Inpatients;
5.
include recovering Voluntary Inpatients and Committed Inpatients into
society through organising, in coordination with the Competent Entities, comprehensive care, training, and empowerment
programmes;
6.
enter into
partnerships with local, regional, and international entities specialised in areas related to the work of the Erada
Centre, and coordinate with these entities in all matters related to achieving the objectives of the
Erada Centre;
7.
prepare and qualify
UAE-national cadres specialised in Addiction prevention, treatment, and rehabilitation,
in coordination with the Competent Entities and other concerned entities within and
outside of the UAE;
8.
conduct specialised
studies and research on Addiction prevention, treatment, and rehabilitation;
and use the results and outcomes of these studies and researches in achieving
the objectives of the Erada Centre;
9.
organise seminars,
conferences, training courses and programmes, and workshops on areas relating to the work of the Erada Centre; and issue
publications and printed material that contribute to the achievement of the
objectives of the Erada Centre;
10. import, upon obtaining the necessary approvals
and authorisations from the Competent Entities, the medications, devices, and equipment required
for Addiction treatment and rehabilitation; and store them at appropriate
places;
11. coordinate with the Judicial Authority on all
matters related to Committed Inpatients;
12. raise Donations for the benefit of the Erada
Centre in accordance with the legislation in force in the Emirate; and
13. exercise any other duties or powers required
for the achievement of the objectives of the Erada Centre.
The Erada Centre will have the following organisational levels:
1.
the Board of
Directors; and
2.
the executive body.
The Erada Centre will have a Board of Directors comprised of a
Chairman, a vice chairman, and a number of experienced,
competent, and specialised
members appointed pursuant to a resolution of the Chairman of the Executive
Council for a renewable term of three (3) years.
The Board of Directors is the highest authority in charge of the
general supervision, management of the
affairs, and achievement of the objectives of the Erada Centre. In particular,
the Board of Directors will have the duties and powers to:
1.
approve, and follow
up the implementation of, the general policy and strategic, development, and
operational plans of the Erada Centre;
2.
approve the
projects, programmes, and initiatives of the Erada Centre;
3.
approve the draft
annual budget and financial statements of the Erada Centre, and submit the same
to the competent authority in the Emirate for final approval;
4.
propose
the legislation related to Addiction, and coordinate in this regard with the competent authority in the Emirate;
5.
approve the
organisational structure of the Erada Centre, and submit it to the Executive
Council for final approval;
6.
approve the bylaws,
regulations, and resolutions regulating the administrative, financial, and
technical work of the Erada Centre;
7.
form permanent and
temporary committees and work teams, and determine their functions and terms of
reference;
8.
submit, to the
Executive Council, an annual report on the work and activities of the Erada Centre, and
the outcomes of periodic assessment reports on the performance of the Board of Directors
and the committees and work teams it forms;
9.
evaluate and follow
up the performance of the executive body of the Erada Centre;
10. study the work flow reports of the Erada Centre
and make the appropriate decisions in respect thereof;
11. issue the rules related to raising Donations
for the Erada Centre and spending them for their intended purposes, in
accordance with the legislation in force in the Emirate;
12. seek the assistance of experts and specialists,
as it deems appropriate, to assist it in performing its duties; and
13. exercise any other duties or powers required
for the achievement of the objectives of the Erada Centre, as assigned to it by
the Executive Council.
The meetings of the Board of Directors, the procedures for passing
its resolutions, the duties of the Chairman and the members of the Board of Directors, and all
matters related to regulating its work will be governed
by the provisions of the above-mentioned
Decree No. (28) of 2015 and the resolutions issued in pursuance thereof.
a.
The executive body
of the Erada Centre will comprise an Executive Director and a number of
administrative and technical Employees.
b.
The executive body
of the Erada Centre will be responsible for the operational work of the Erada
Centre, and for providing administrative and technical support to the Board of
Directors.
c.
The above-mentioned
Law No. (8) of 2018 and the resolutions issued in pursuance thereof apply to
the Employees of the
executive body.
a.
The Executive
Director will be appointed by a resolution of the Chairman of the Executive
Council.
b.
The Executive
Director will be directly responsible to the Board of Directors for performing
the duties assigned to him under this Law, the resolutions issued in pursuance hereof, and the legislation in force in the Emirate; and for performing any other duties assigned
to him by the Board of Directors.
The Executive Director will have the duties and powers to:
1.
propose the general
policy, and the strategic, development, and operational plans of the Erada
Centre, and submit the same to the Board of Directors for approval;
2.
supervise the
implementation of the approved general policy of the Erada Centre and the
resolutions and recommendations issued by the Board of Directors;
3.
prepare the draft
annual budget and the Financial Statements of the Erada Centre, and submit the same to
the Board of Directors for approval;
4.
develop the projects, programmes, and initiatives of the Erada Centre; and
submit the same to the Board of Directors for approval;
5.
prepare the
organisational structure of the Erada Centre, and submit the same to the Board
of Directors for approval;
6.
draft the bylaws,
regulations, and resolutions regulating the administrative, financial, and
technical work of the Erada Centre; and submit the same to the Board of Directors
for approval;
7.
supervise, on a daily
basis, the Employees of the Erada Centre, including the work and activities
they perform and the services they provide;
8.
submit periodic
reports on the performance of the Erada Centre to the Board of Directors to
make the appropriate decisions in respect thereof;
9.
propose charges for
the services rendered by the Erada Centre and rules for exemption therefrom;
and submit the same to the Board of Directors to take the appropriate action in
respect thereof;
10. represent the Erada Centre before third parties
and execute the contracts, agreements, and memoranda of understanding to which the
Erada Centre is a party, in accordance with the relevant powers vested in him
by the Board of Directors; and
11. exercise any other duties or powers assigned to
him by the Board of Directors.
a.
The Erada Centre
will provide Addiction treatment and rehabilitation services to UAE-national
Voluntary Inpatients and Committed
Inpatients in accordance with the provisions of this Law; the resolutions issued in pursuance hereof; and the policies, bylaws, and regulations
adopted by the Erada Centre in this regard.
b.
The Erada Centre may
provide Addiction treatment and rehabilitation services to non-UAE nationals in
accordance with the requirements and procedures approved by the Board of
Directors in this regard, and in return for the charges it prescribes.
a.
A Voluntary
Inpatient will be admitted to the Erada Centre for Addiction treatment or
rehabilitation in accordance with the relevant rules adopted by the Erada
Centre and upon the
approval of the admission
request by the Public Prosecution;
or by the Erada Centre or
competent law enforcement entity, in which case the Public Prosecution
must be informed of the admission.
b.
An addict will be
committed to the Erada Centre for treatment or rehabilitation
pursuant to:
1.
a judgment or
decision issued by the competent
court; or
2.
a decision rendered by the Attorney
General at the request of the
competent law
enforcement entity or chief
prosecutor.
c.
The period of
admission or committal to the Erada Centre for Addiction treatment or
rehabilitation must not exceed two (2) years.
d.
A Voluntary
Inpatient or Committed Inpatient may be discharged from the Erada Centre:
1.
pursuant
to an order issued by the competent court, after
seeking the opinion of the Public Prosecution, in case of discharging a Voluntary Inpatient in either of the following
cases:
a. where it is established to the satisfaction of the competent court, based on the Erada Centre’s report, that his health condition allows his discharge; or
b. where he requests to be
discharged and obtains the Erada Centre’s approval of the same.
2.
pursuant
to an order of the Public
Prosecution in
case of Committed Inpatients and Voluntary Inpatients
who are committed or admitted to the Erada Centre through the Public Prosecution or the competent law enforcement entity; or
3.
pursuant
to a decision of the Erada Centre, in case of Voluntary
Inpatients who are admitted to the Erada Centre at their request.
a.
Criminal proceedings may not be initiated against a Voluntary Inpatient at
any time his request for admission to the
Erada Centre is approved unless he refuses to surrender any Narcotics in his possession, or fails to
comply with the treatment programme or plan prescribed for him at the Erada
Centre.
b.
The Erada Centre
must notify the competent law enforcement entity or the Public Prosecution to take the
necessary judicial action against any Voluntary Inpatient or Committed Inpatient in case of his
failure to
comply with the treatment plan
prescribed for him at the Erada Centre; or in case he is caught in possession of Narcotics in the
course of Addiction treatment or rehabilitation.
Without prejudice to any restrictions legally imposed on a Committed Inpatient, or imposed under a
decision of the Judicial Authority, a Voluntary Inpatient or a Committed Inpatient is entitled to the following rights:
1.
to receive
the professional and decent medical and
psychological care required for treatment and rehabilitation;
2.
to be settled in a favourable and healthy environment
throughout the period of treatment and rehabilitation;
3.
to participate in the training programmes, the courses, the
events, and
the activities organised by the Erada
Centre, in accordance with the relevant regulations and policies adopted by the
Erada Centre;
4.
to have adequate privacy in accordance with the rules adopted by the Erada Centre in this regard;
5.
to follow up his personal matters, and be
allowed to communicate with his
family members and other individuals using the
available means of communication, in
accordance with the relevant rules adopted by the Erada Centre;
6.
be informed of his rights and
obligations, as well as the
obligations of his family members, throughout the
period of his stay at the Erada
Centre; and
7.
to
be apprised of the regulations
applicable in the Erada Centre and the available Addiction treatment and
rehabilitation methods and options.
A Voluntary Inpatient or Committed Inpatient must:
1.
comply with the Addiction treatment and rehabilitation programme prescribed
for him by the Erada Centre;
2.
surrender any
Narcotics in his possession, if any;
3.
not leave the Erada
Centre unless this is permitted and in accordance with the relevant rules adopted by the
Erada Centre;
4.
not mingle with
other Voluntary Inpatients or Committed Inpatients, where this is prohibited by the treating medical staff;
5.
not aid or abet his peers, from among Voluntary Inpatients
and Committed Inpatients, in absconding from the Erada Centre;
6.
not disclose any
information or data related to the Erada Centre, Voluntary Inpatients, or
Committed Inpatients;
7.
cooperate with the
Erada Centre’s Employees and not obstruct their work;
8.
preserve the property of the Erada Centre;
9.
comply with the
bylaws and instructions applicable in the Erada Centre;
10. comply with the restrictions imposed on him by
law or pursuant to the decisions of the Judicial Authority; and
11. comply with any other obligations prescribed by
the relevant resolutions of the
Board of Directors.
All the information and data of a
Voluntary Inpatient or
Committed Inpatient are deemed
confidential. The members of the Board of Directors and Employees of the Erada Centre may not use,
disclose, or divulge such data and information to third parties without the
written approval of the inpatient, an order of the Public Prosecution, a judgement or ruling of the competent court, or a request from
a government entity in
charge of providing care to the inpatient after his discharge from the
Erada Centre.
The charges for the services provided by the Erada Centre, and the rules for exemption therefrom, will be
prescribed pursuant to a resolution to be issued in
this regard by the Board of
Directors upon the approval of the Department of Finance.
a.
The Executive
Director, or his authorised representative, may impose any of the following
penalties and measures on a Voluntary Inpatient who fails to comply with his
obligations under this Law or the resolutions issued in pursuance hereof:
1.
written warning;
2.
deprivation of some
of the privileges offered at the Erada Centre;
3.
confinement at a
designated place within the Erada Centre; or
4.
any other penalty
determined pursuant to the relevant resolutions issued by the Board of Directors,
subject to compliance with the provisions of this Law and the legislation
in force in the Emirate.
b.
The imposition
of penalties and measures on a Committed
Inpatient who violates any of the provisions of this Law, the resolutions
issued in pursuance hereof, or any instructions or resolutions issued by the Judicial Authority will
be coordinated with the Public Prosecution.
The Erada Centre Employees nominated pursuant to a resolution of the Chairman will
have the capacity of law enforcement officers to record the acts committed in
breach of the provisions of this Law and the resolutions issued in pursuance
hereof. For this purpose, they may issue the necessary violation reports; and, where necessary, seek the assistance of
police personnel.
Any affected party may submit to the Chairman a written grievance
against any decision, procedure, or measure taken against him in accordance
with this Law or the resolutions issued in pursuance hereof, within thirty (30)
days from the date of being notified of the contested decision, procedure, or
measure. The grievance will be determined, within thirty (30) days from its
submission, by a committee formed by the Chairman for this purpose; and the decision issued by the committee on
the grievance will be final.
All Government Entities in the Emirate and all
Competent Entities must cooperate with, and provide the
necessary support
to, the Erada Centre to enable it to achieve
its objectives and perform the functions assigned to it under this Law and the
resolutions issued in pursuance hereof.
The financial resources of the Erada Centre will consist of:
1.
the support annually allocated to the Erada Centre in the General Budget of the
Government;
2.
the charges for the services provided by the Erada Centre;
3.
the grants, gifts, donations, bequests, and endowments accepted by the Board of Directors; and
4.
any other resources
approved by the Executive Council.
a.
In managing its accounts and records, the Erada Centre
will apply the rules and principles of government accounting.
b.
The Financial
Year of the Erada Centre will commence on 1
January and will end on 31 December of each year.
The Chairman will issue the resolutions required for the
implementation of this Law, subject to approval of these
resolutions by the Board of Directors.
a.
This Law supersedes
the above-mentioned Law No. (5) of 2016.
b.
Any provision in any
other legislation is hereby repealed to the extent that it contradicts the provisions of this
Law.
c.
The resolutions
and bylaws issued in pursuance
of the above-mentioned Law No. (5) of 2016 will continue in force, to the
extent that they do not contradict this Law, until new superseding resolutions
and bylaws are issued.
This Law will be published in the Official
Gazette and will come into force on the day on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler
of Dubai
Issued in Dubai on 4 September 2019
Corresponding to 5 Muharram 1441 A.H.