Page 2 - Cabinet Resolution No. (40) of 2019 Concerning the Executive Regulations of Federal Decree Law No. (4) of 2016 on Medical

the member would not have obtained if not for the patient’s need for treatment. The
remuneration that the practitioner of the profession receives for his work is not considered as
such;
4. Making no-discrimination between the patients or colleagues on the basis of religious or ethnic
affiliation, social status, gender or nationality;
5. Recording every procedure taken, including the type, date and time of the procedure, in the
patient's medical file;
6. In accordance with Article (3) of this Resolution, informing the patient or any person whose
consent is recognized, as the case may be, of all complications that may arise from the
diagnosis or treatment in a clear and simplified manner.

Article (3)

Without prejudice to the provisions stipulated in the Decree-Law, surgeries may only be performed
after ensuring the following:

1. The health facility in which the surgery is performed must be adequately equipped to be fit for
the type of surgery in terms of the medical and nursing staff, the medical equipment and
supplies required for it regarding quality and safety and all requirements that are necessary to
perform such surgery and to deal with any complications or other expected procedures;
2. Evaluate the pathological condition through conducting the necessary diagnostic tests, to
ensure that the patient's health condition allows performing the surgical operation;
3. Obtaining a written consent after informing the patient or any person whose consent is
recognized of the nature of the operation, its success, and the complications that may arise out
of it, as follows:
a. From the patient himself/ herself, if he/ she is fully competent;
b. From the patient's husband or one of his relatives up to the fourth degree in accordance
with paragraph (c) of this clause, if the patient reaches the age of eligibility, but his/ her
consent cannot be obtained for any reason, including:
- Unconsciousness;
- Loss of awareness due to mental or psychological illness;
- His/ her consent can’t be obtained due to his/ her health condition.
c. From the patient's husband or one of his relatives up to the fourth degree, if the patient is
incompetent, and the order of the relatives is to be taken into consideration as much as
possible. If there is a conflict in the consent of relatives of the same degree, the priority
shall be for the opinion whose consent achieves the interest of the patient as per the opinion
of the attending physician and another doctor;
d. The rules and procedures mentioned in this Article apply to treatment cases of a special
nature, including:
a. Chemotherapy;
b. Radiation therapy;
c. Any other treatment specified by the Minister in coordination with the Concerned
Health Authorities.

*In case of any misinterpretation, the Arabic version of this legislation prevails.