Law No. (10) of 2018 Concerning the Establishment of the Department of Health

Article 1 — In the implementation of the provisions of this Law, the following words and ¶

phrases shall have the meanings corresponding thereto unless the context
requires otherwise:
State : The United Arab Emirates.
Emirate : The Emirate of Abu Dhabi.
Executive
Council
: The Executive Council of the Emirate.
Department : The Department of Health.
Health Sector : The units and establishments operating in the fields of
health, treatment, prevention and recovery, medical
products, health insurance, public health, preventive
health, health education and media, foreign treatment,
health and pharmaceutical research including
companies, hospitals, clinics, treatment centres,
and research centres of all specialties, pharmacies,
warehouses, marketing offices, pharmaceutical
consultation offices, pharmaceutical laboratories and
medical product factories, whether public or private
and other units operating in the public or private
health sector, whether owned or managed by a natural
person or a legal person in the Emirate, including the
units providing health services or supplying tools and
products for the different health fields.
Affiliates : The entities operating in the Health Sector affiliated to
the Department, under its control and supervision, and
which are specified by a resolution of the Executive
Council.

-- 86 of 160 --

86
Section (2)
Establishment, Objectives and Competencies of the Department

Article 2 — • Pursuant to the provisions of this law, a department called "Department ¶

of Health" shall be established and shall replace the Health Authority –
Abu Dhabi.
• The employees and staff of the Health Authority – Abu Dhabi, along
with all of the Authority’s assets, properties, rights and obligations, shall
be transferred to the Department. The Department shall be the legal
successor to the Health Authority – Abu Dhabi.

Article 3 — The Department aims at realizing the optimum level of heath, treatment, ¶

prevention, medicinal and health insurance services in the Emirate,
endeavouring to enhance said services and keeping pace with the global
developments in this field.

Article 4 — • In order to achieve its objectives, the Department shall assume the ¶

following competencies:
1. Propose the strategic and implementing plans for the Health Sector
in the Emirate, have them approved by the Executive Council and
supervise their implementation.
2. Follow-up the Affiliates’ undertaking to implement the strategic and
implementing plans for the Health Sector.
3. Monitor and supervise all the Affiliates’ such as their disbursements
from their budgets and revenues earned, as well as their commitment
to their duties and competencies, and approve their strategic and
implementing plans.

-- 87 of 160 --

87
4. Regulate the Health Sector in all aspects through the development
of policies, standards, regulations, resolutions and implementing and
operational circulars for said Sector.
5. Monitor and supervise the Health Sector in accordance with the
relevant legislations, conventions and treaties in force for said Sector
on the local and international levels, and in coordination with the
relevant entities in the State and abroad.
6. License all entities, companies and persons operating in the Health
Sector and monitor their commitment to providing the optimum level
of quality of services in accordance with the legislations in force, and
in coordination with the relevant entities.
7. Propose the fees, tariffs and prices related to its competencies and
submit them to the Executive Council for approval in accordance
with the applicable regulations.
8. Submit periodic reports and analytical studies to Abu Dhabi Executive
Office in relation to the Department's competencies.
9. Encourage investments and partnerships with the private sector
for projects related to the competencies of the Department in
coordination with the relevant entities.
10. Any other competencies or duties assigned thereto by the Executive
Council.
• The Department may delegate some of its competencies to any other
governmental entity or outsource some to the private sector upon the
approval of the Executive Council.

Article 5 — • The Chairman of the Executive Council shall issue a resolution to specify ¶

any additional competencies of the Department.
• The Executive Council may amend the Department’s competencies

-- 88 of 160 --

88
mentioned in this Law or in any other legislation by deletion, addition or
transfer.

Article 6 — The persons and entities operating in the Health sector shall assume their ¶

competencies in accordance with the provisions of the rules, regulations
and resolutions issued by the Department.

Article 7 — All persons, entities and public and private companies shall provide the ¶

Department with the documents and information it requires to carry out or
execute its competencies.

Article 8 — The Executive Council shall issue a resolution to specify the Affiliates that ¶

shall be under the monitoring and supervision of the Department.
Section (3)
General Provisions

Article 9 — In agreement with the Chairman of the Department, the Chairman of Abu ¶

Dhabi Judicial Department shall issue a resolution specifying the Department’s
officers who have been granted the law enforcement authority for offences
within their jurisdiction. They shall have the right to inspect and monitor all
entities, companies and persons operating in the Health Sector, in order to
verify the implementation of the provisions of this Law and its implementing
regulations, rules, resolutions and circulars.

-- 89 of 160 --

89

Article 10 — Any establishment or individual shall be prohibited from exercising any ¶

activity in the Health Sector in the Emirate without obtaining the required
license from the Department in accordance with applicable regulations.

Article 11 — • Without prejudice to any more severe penalty provided for by any other ¶

law, an administrative fine of no more than AED (10,000,000) ten million
shall be imposed on whoever violates the provisions of this Law and its
regulatory and implementing rules as well as its implementing regulations,
policies, resolutions and circulars.
• The Department shall take charge of collecting the administrative
fines. Upon the approval of the Executive Council, the Chairman of
the Department shall issue a schedule specifying the offences and the
administrative fines prescribed for each of them, without exceeding the
fine provided for in this Article.
• The Chairman of the Department or whom he authorises, may propose
reconciliation to the offender, provided that this is established in the
record of proceedings. The offender who accepts such reconciliation shall
pay a fine equivalent to 75% of the total administrative fine determined
for the offence within a period not exceeding sixty days from the date of
proposing the reconciliation.
• In all cases, if the offender fails to remove the effects of the offence on
the date scheduled, the Department shall remove such effects at the
expense of the offender.
• The regulatory and implementing rules of this Law shall specify the
procedures of the above-mentioned reconciliation, including its
timeframes.

-- 90 of 160 --

90

Article 12 — • The Department may impose any of the following administrative penalties: ¶

1. Notice.
2. Warning.
3. Placing the establishment under financial, administrative and technical
supervision.
4. Temporary suspension of activity.
5. Cancellation or suspension of the licence.
6. Closing the establishment temporarily or permanently.
• Grievances may be filed against the administrative penalties before the
Department within sixty days from the date of notification of the grievant.
Failure to decide upon the grievance within 90 days from the date of its
submission shall be regarded as acceptance of the grievance.
• The regulatory and implementing rules of this Law shall determine the
procedures and controls required for the application of the aforesaid
administrative penalties.

Article 13 — The Department shall propose its organisational structure and submit it ¶

to the Executive Council for approval, in accordance with the applicable
regulations.

Article 14 — • The financial laws and regulations in force in the Emirate shall apply to the ¶

Department.
• The human resources laws and regulations in force in the Emirate shall
apply to the employees of Department.
• The Civil Retirement Pensions and Benefits in force in the Emirate shall
apply to the nationals.

-- 91 of 160 --

91

Article 15 — • Upon the approval of the Executive Council, the Chairman of the ¶

Department shall issue the regulatory and implementing rules of this Law.
• The policies, regulations, rules, resolutions and circulars in force shall
remain applicable in a manner consistent with the provisions of this
Law until the issuance of its implementing policies, regulations, rules,
resolutions and circulars.
• The Chairman of the Department shall issue the necessary implementing
and operational policies of this Law.

Article 16 — • The aforesaid Law No. (1) of 2007 shall be repealed. ¶

• Any text or provision, prescribed in the legislations establishing Affiliates,
which is contrary to the provisions of this Law, shall be repealed.
• Any text or provision contrary to the provisions of this Law shall be
repealed.

Article 17 — This Law shall be effective from the date of its issuance and shall be published ¶

in the Official Gazette.
Issued by us in Abu Dhabi
On: 20 February 2018
Corresponding to: 4 Jumada Al Akher 1439 H
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi

-- 92 of 160 --

92