Sex change ban: health officials clarify UAE Medical Liability Law

  DUBAI – It looks like the wish for a sex change of an Emirati woman last week may not be granted as health officials declared sex change and cloning prohibited in the UAE. Under the updated Federal Medical Liability Law for 2016, sex correction operations and “natural death without resuscitation” will only be allowed in certain cases, such as when a patient is suffering from an incurable disease. Dr. Amin Al Amiri, undersecretary for public health policy and licensing, at the ministry of health and prevention (MoHP), said that the law was updated to keep UAE at par with world standards. "Medical errors are minimum in the country, but we should revise and update such laws for the prosperity of the country," he told journalists. The health official explained that sex change and sex correction are two different things. "Sex change of a person who has clear sexuality (gender) that matches with his or her physiological and genetic characteristics is not possible. It is a clear deviation and breach and cannot be considered sex correction," he said. Sex correction, on the other hand, needed medical intervention in correcting the sex of a person who suffers from sexual obscurity that also affects his/ her biological and genetic characteristics. Last week a woman has sought the court's approval for her to undergo sex change saying that she felt more like a man than a woman. Her case, which is a first in the UAE, will be heard on September 28. There are penalties for the different violations that may be incurred by doctors, which include imprisonment from four years up to 10 years and/or a fine starting from Dh10,000 up to Dh500,000. The new rule, which is set to take effect in the next six months, also has some changes in it. Among them were the putting a proper definition for medical errors and allowing the provision of tele-health services. Also, the end of life has also been defined in the updated law. "Patients' life may not be ended for whatsoever reason even upon the request of their guardians or custodians," Dr. Al Amiri said. Resuscitation equipment cannot be raised from any patient unless the heart and breathing has completely stopped and all brain functions have ceased completely. The treating physician will make the final decision. But in case of natural death, cardio pulmonary resuscitation (CPR) will not be done on a dying patient if: he/she suffers from an incurable disease; all methods of treatment are exhausted; and proof is presented of the ineffectiveness of treatment in such a situation. The other updates on the law also cited that should a woman decided to implant a fetus in her uterus, it may not be performed not until the spouse has given a written consent and provided that the couple is legally married. It also applies to men that they also cannot carry out any sterilisation not until there is written consent from his wife. Even abortions can only be made within 120 days but in cases where the pregnancy only threatens the woman's life and if the fetus is malformed. Aside from the medical professional, medical facilities may also carry the burden of taking full malpractice liability insurance against risks instead of the current 80 percent.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