Law No. (14) of 2021
Amending 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 2011 Concerning the Dubai
Healthcare City;
Law No. (11) of 2013 Concerning Health
Insurance in the Emirate of Dubai;
Law No. (1) of 2016 Concerning the
Financial Regulations of the Government of Dubai;
Law No. (6) of 2018 Concerning the Dubai
Health Authority (the “Original Law");
Law No. (8) of 2018 Concerning Management
of the Government of Dubai Human Resources;
Law No. (5) of 2021 Concerning the Dubai
International Financial Centre;
Law No. (13) of 2021 Establishing the
Dubai Academic Health Institution;
Decree No. (22) of 2009 Concerning
Special Development Zones in the Emirate of Dubai;
Decree No. (9) of 2012 Approving a
Pricing Method for Dubai Health Authority Services;
Resolution No. (8) of 2015 Extending the
Application of the Health Insurance Law to Health Service Providers Licensed in
the Dubai Healthcare City;
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.
Articles (2), (5),
(6), (9), (10), and (11) of the Original Law are hereby superseded by the
following:
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. |
|
DHCA: |
The Dubai
Healthcare City Authority.
|
|
DAHI: |
The Dubai Academic
Health Institution.
|
|
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 health,
safety, and protection of the community from diseases and health problems
promoted through coordinated efforts and through adopting procedures that
ensure the protection of community health. This includes environmental health
and occupational health and safety. |
|
Smart Health: |
The utilisation of
smart cognitive technologies in the prompt diagnosis and treatment of
patients at the lowest cost and highest quality with a view to improving the
quality of life. |
|
Healthcare: |
The Health
Services provided by Healthcare Facilities throughout the Emirate, including
in Special Development Zones and free zones, such as the Dubai International
Financial Centre. This includes hospitals, primary healthcare centres,
medical clinics, and medical and health centres. |
|
Profession: |
Any of the medical
professions, or related professions, specified by the relevant federal and
local legislation. |
The DHA aims to:
1. regulate the Health Sector 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. regulate Health Insurance schemes and services provided to UAE Nationals, Residents, and Visitors in the Emirate; and improve the quality of the relevant schemes and services in accordance with the highest international standards;
3. develop investment policies for the Health Sector in the Emirate;
4. promote and support innovation and forward thinking in all health-related fields and the use of smart technologies, including Smart Health technologies;
5. promote community health and safety and protect the community from disease, epidemics, and health risks; and
6. promote the Emirate’s precautions and readiness for health emergencies, crises, and disasters with a view to preserving health security in the Emirate.
a. The DHA is the competent Government Entity in charge of regulating the Health Sector throughout the Emirate, including in Special Development Zones and free zones, such as the Dubai International Financial Centre. The DHA will perform all the duties and functions related to the policies, legislation, regulation, licensing, audit, and control of the Health Sector.
b. As of the date on which this Law comes into force, the DHA will succeed the DHCA in performing the duties and functions referred to in paragraph (a) of this Article in accordance with the legislation in force.
c. 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. prepare, and supervise the implementation of, the strategies required for promoting Health Services in line with the strategic plan of the Emirate, in coordination with the DAHI and the concerned entities;
3. conduct studies and research on the Emirate’s need for Health Services and medical services, and ensure that investment projects in the Health Sector are aligned with the outcome of such studies and research;
4. develop the requirements for conducting the Profession by establishments and individuals; and authorise individuals and Government and private establishments, including individuals and establishments 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;
5. 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;
6. develop the medical education strategy of the Emirate and regulate, in coordination with the concerned entities within and outside of the UAE, the provision of medical education services and the conduct of medical research and experiments;
7. prepare and develop investment policies in the Health Sector in the Emirate;
8. develop Public Health programmes and policies, including preventive medicine services policies and occupational health and safety policies;
9. assess and monitor the health condition of inhabitants; and develop and follow up the implementation of the strategic policies and programmes, and the conduct of the studies and research required for improving Public Health and protecting community members from disease and health risks;
10. measure the quality of Healthcare services in the Emirate, follow up performance development, and submit the relevant periodic reports to the Executive Council;
11. regulate and approve the charges for Health Services in the Emirate in coordination with the concerned entities;
12. issue resolutions concerning pricing of the Health Services in the Emirate in coordination with the Department of Finance;
13. study and propose draft legislation regulating the Health Sector; and submit, to the concerned entities in the Emirate, recommendations for updating and developing such legislation to ensure that it is in line with the latest developments;
14. prepare and develop Smart Health policies, strategies, and legislation; and implement the same in coordination with the DAHI and the concerned entities in the Emirate;
15. 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 Government;
16. regulate and manage health tourism in the Emirate in coordination with the concerned entities;
17. devise, manage, develop, and implement the policies related to Health Insurance systems; and audit and inspect the facilities conducting Health Insurance-related activities in the Emirate;
18. create a database of the Health Sector, Healthcare services, and patients in the Emirate and update and develop this database on a regular basis in coordination with the DAHI;
19. manage, regulate, and authorise the content of healthcare advertisements in the Emirate; and oversee and audit these advertisements, in coordination with the concerned entities;
20. own and take lease of movable and immovable property, materials, devices, equipment, and systems as required to enable the DHA to exercise its duties and powers under this Law and the legislation in force in the Emirate;
21. establish, manage, and operate a comprehensive health information system in accordance with international health and medical standards and in collaboration and cooperation with the DAHI and the private sector; and
22. exercise any other duties or powers required to enable the DHA to achieve its objectives, or assigned to it by the Ruler or the Chairman of the Executive Council.
d. The DHA may delegate any of its functions under this Law to the DHCA or to any other public or private entity pursuant to an agreement
concluded with that entity in this respect. The agreement will determine the
rights and obligations of the DHA and the contracted entity as well as the
conditions, requirements, and specifications that the entity must observe when
performing the functions delegated to it by the DHA.
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;
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 present the same to the competent entities in the Emirate for final approval;
4. approve the 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 related to pricing Health Services in the Emirate in coordination with the 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;
8. supervise the work of the DHA and follow up the performance of its 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 health, preventive, therapeutic, and other services;
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 the 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 to the Executive Council;
13. form permanent and temporary sub-committees and work teams, from amongst the Employees of the DHA 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 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 the 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 conduct their business in areas related to the Health Sector. These corporations will be established and their functions determined pursuant to a decree of the Ruler.
b. Each of the corporations referred to in paragraph (a) of this Article will have a chief executive officer appointed pursuant to a resolution issued by the Chairman of the Executive Council upon the recommendation of the Director General.
The executive body
of DHA will be comprised of a number of administrative, finance, and technical Employees, to whom Law No. (8) of 2018 Concerning Management of the
Government of Dubai Human Resources, and the resolutions issued in pursuance
thereof, will apply.
Articles (7) and (8)
of the Original Law are hereby repealed. Any provision in any other legislation
will also be repealed to the extent that it contradicts the provisions of this
Law.
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 12 July 2021
Corresponding to 2 Thu al-Hijjah 1442 A.H.
©2021 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.