UAE’s Implementing Regulation For The 2023 Law On Mental Health

In the United Arab Emirates (UAE), mental health is recognised as a national priority. In 2023, the UAE enacted Federal Law No. 10/2023 on Mental Health, which replaced the 1981 legal framework. Currently, the Cabinet Decision No. 213/2025: On the Implementing Regulation of Federal Law No. 10/2023 on Mental Health is set to serve as the implementing regulation for the 2023 legislation, thereby outlining the specific rules and procedures for its enforcement.

Licensing and Operational Standards for Facilities

Article 2 of the 2025 Cabinet Decision clearly envisages mandatory licensing provisions. Facilities intending to provide mental health services shall mandatorily submit an application to the Competent Health Authority in the State, accompanied by the engineering plans of such facility, meeting specific standards, and pay the prescribed fees. They shall also ensure that the facility has adequate healthcare staff for its proper operation.

Care Homes

Care homes shelter psychiatric patients who do not require continued stay in a Mental Health Facility but lack family support. As mandated under Article 13 of the new Cabinet Decision, such care homes shall also obtain a licence from the Competent Authority for their operation and shall function under the supervision and oversight of the licensing authorities.

However, care homes shall meet the following requirements to obtain a licence:

• They shall meet all the necessary structural, technical, and health requirements as determined by the licensing authority.
• They shall ensure the availability of qualified and licensed medical and professional staff specialised in social services and mental healthcare.
• The care homes shall also contain devices and equipment necessary for their functioning.

Patient Registration and Data Privacy Mandates

The 2025 Cabinet Decision upholds the significance of protecting the privacy of patients. Article 3 explicitly provides for the Psychiatric Patients Register. Facilities must maintain a detailed register containing all the fundamental information, such as the full name, date of birth, nationality, marital status, passport number, type of admission (voluntary/compulsory) and all other details as mandated by the Law. These records shall be retained for a minimum of 25 years from the date of its last entry. Patients and their legal representatives shall have the right to a full copy of their medical records. In cases where a facility refuses to provide such records, the patient can appeal to the Patients’ Rights Care Committee.

Minor Patients

Minor patients are one of the most vulnerable strata, and hence the 2025 Cabinet Decision recognises the need to duly protect them. Article 4 envisages the various specialised safeguards for minor patients. A minor cannot be voluntarily admitted without a legal guardian. The guardian must be provided with an explanation of the minor’s condition and treatment plan. Further, facilities shall ensure that children and adolescents are provided with areas separate from adults in emergency departments, outpatient clinics, and inpatient wards. After the completion of the treatment, minors may not leave the facility unaccompanied. If their guardian refuses to receive them, the facility shall be responsible for notifying the Public Prosecution or the Child Protection Unit.

Admission and Discharge Protocols

Articles 5, 6 and 7 enlist various procedures relating to the discharge of the patient from the facility. A voluntarily admitted patient may be prevented by a physician from leaving for up to 72 hours if they pose a risk to themselves/others or meet compulsory admission criteria. A patient may be granted temporary discharge if their condition has improved and it is in their best interest. However, such a patient’s representative must undertake to provide care during this period. If the patient fails to return, the facility may seek the assistance of the police. Police or ambulance facilities can also be used to transport patients exhibiting uncontrollable symptoms that pose a risk. However, transport must be undertaken in a way that preserves the patient’s dignity.

Consent of the Psychiatric Patient to Treatment

Article 10 of the 2025 Cabinet Decision discusses on the patient’s informed consent to undergo a treatment. Such consent shall be “informed,” meaning the patient shall explicitly and out of his/her free will, give the consent once he or she is made aware of all the relevant information, by the psychiatrist, including the circumstances and requirements of the treatment, its duration, potential side effects, if any, the dosages, the consequences of failing to adhere to it, and any other information.

However, it is to be noted that the Cabinet Decision grants the patients or representatives of the minors the right to withdraw or modify such consent at any time. All consent or refusal of treatment must be documented in the medical record, alongside a detailed treatment plan which shall contain details such as the type of proposed pharmacological treatment, its dosage and method of administration, as well as psychological and rehabilitative therapies, and the roles of the members of the treatment team.

Psychiatric Patient’s Restraint and Seclusion Standards

Article 11 clearly envisages that, in order to implement any restraint measures, a written authorisation in the prescribed form shall be issued by the psychiatrist. Such measures shall be proportionate in method and means to the degree of risk posed by the patient’s condition and shall not adversely affect the physical safety of the patient. The duration of restraint shall not exceed one continuous hour, and may be renewed only if the patient’s condition requires, and with the approval of the psychiatrist. The Patient shall be examined and continuously monitored throughout the period of restraint. During these periods, the patient’s human dignity and physical safety shall be safeguarded.

Further, Article 12 of the 2025 Cabinet Decision entails the procedures and controls governing the seclusion of a psychiatric patient. Seclusion of a patient shall be undertaken only in cases where the patient’s medical condition requires separation from other patients. Seclusion rooms shall strictly meet the engineering standards, such as the ceiling height shall be a minimum of 3 meters, the net floor area of the seclusion room shall be 14 square metres, walls and floors shall be lined with impact-absorbing materials, and such other mandates as required by the Law. The period of seclusion of a patient shall not exceed 6 consecutive hours, unless the condition of the patient requires its extension, which can be made only upon the approval of the psychiatrist.

The 2025 Cabinet Decision intends to establish a comprehensive framework for mental healthcare in the UAE. The law prioritises patient dignity and safety, and balances it with necessary safeguards. By prescribing clear procedures for admission, treatment, and rehabilitation, and ensuring clarity on sensitive subjects, including the ‘informed’ consent of the patients, this Law aims to promote the well-being, protect vulnerable individuals, including the minors, and strengthen mental healthcare systems effectively.