Awatif Mohammad Shoqi Advocates & Legal Consultancy

Awatif Mohammad Shoqi Advocates & Legal Consultancy

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ILLEGAL HEALTH PRACTICE IN THE UAE: FINES AND PUNISHMENTS

To practice the medical profession in the UAE, it is imperative to obtain a license by the designated Health Authority. Under Article 4 of Federal Law No. 5 of 2019 On the Regulation of the Practice of the Human Medicine Profession, no one can practice the profession of human medicine, including dentistry, unless they are licensed by the Health Authority.

License Requirements: To obtain a license, the applicant must meet the conditions as laid down in Article 5 of the Law:

  • The applicant must have a Bachelor’s degree/equivalent in human medicine, including dentistry, attested in the UAE

  • He must have completed his mandatory training period

  • He must be of good character, and should not have a judgement of felony or misdemeanor involving moral turpitude or dishonesty issued against him

  • The applicant must be medically fit to perform his duties

    • In addition to the abovementioned conditions, Article 2 of Cabinet Decision No. 67 of 2020, the Executive Regulations, also lays down certain requirements that need to be fulfilled by the applicant:

  • Obtaining a license from the country where the applicant previously worked

  • Submitting a certificate of good conduct from the country where the applicant previously worked, and that no judgement prevents him from practicing the profession

  • Disclosing any lawsuits against him, pending or otherwise, and acknowledging that the applicant is not sentenced for a felony or misdemeanor involving honor or trust

  • Disclosing any infectious or contracted diseases that might affect patients or his performance

  • The terms and conditions laid down in Cabinet Decision No. 20 of 2017

    • Sanctions: Practicing the medical profession in the UAE without having a valid license can impose hefty amounts of fine on the violator, and he may land up behind bars as well. Article 25 of Federal Law No. 5 of 2019 states that a person will face imprisonment and/or a fine ranging between AED 200,000 to AED 2 million, if it is found that:

  • He was practicing the medical profession without a license and without meeting the requirements for the same

  • He submitted incorrect documents thus resulting in wrongful licensing

  • He was not licensed to practice the profession but lead the public to believe so through bulletins, boards, banners or any means of publication

    • Following Article 25(2) of Federal Law No. 5 of 2019, if a person wrongfully obtains a license to practice the medical profession by submitting false documents, and is caught, his license will be revoked and he will be removed from the list of licensed physicians in the country, once the final judgement is issued.

    If the violator in any of the aforesaid cases was the sole operator of a health facility, the Health Authority may shut the facility down, under Article 25(3) of Federal Law No. 5 of 2019.

    The UAE government has taken strict measures to ensure that no one in the country is practicing the medical profession without a valid license. Accordingly, those wishing to get a license in the country must, in all cases, adhere to the rules laid down for this purpose.

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