Huge fine for violating sex change, cloning law

Sex change and cloning are prohibited in the UAE under the updated Federal Medical Liability Law for 2016, said health officials on Sunday.
Euthanasia, the right to die, has also been clarified among a number of other articles that have been changed or updated in the law.
But sex correction operations and 'natural death without resuscitation' will be allowed in certain cases. For instance, if the patient suffers from an incurable disease.
Last week, an Emirati woman was the first to seek a sex change. This is the first such application submitted to a court in Abu Dhabi after a change in law took effect earlier this month, legalising gender reassignment surgery.
Reports said the woman felt she was male. The court will hear the case on September 28. Dr Amin Al Amiri, undersecretary for public health policy and licensing, at the ministry of health and prevention (MoHP), said the law was updated to keep the UAE at par with the world. "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 new rules will take effect in the next six months.
Penalties for different violations incurred by doctors include imprisonment starting from four years up to 10 years and/or a fine starting from Dh10,000 and going up to Dh500,000.
Among the changes, medical errors have been defined and practising medical staff and health practitioners have been asked to adhere to the rules. The rules also allow provision of tele-health services.
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," said Dr Al Amiri.
However, resuscitation equipment cannot be raised from any patient unless the heart and breathing has completely stopped and all brain functions have ceased completely. The final decision will be taken by the treating physician.
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.
Any reproduction assistance technique for a woman or implanting a fetus in her uterus may not be performed until the spouse has given a written consent provided the couple is legally married. Likewise, the man cannot carry out any sterilisation until the written consent has been obtained from his wife.
Abortions can be made within 120 days only in cases where the pregnancy threatens the woman's life and if the fetus is malformed.
Medical facilities will now also be required to take full malpractice liability insurance against risks instead of the current 80 per cent.
asmaalizain@khaleejtimes.com
Sex change is not sex correction: Ministry
Defining the articles of the law in detail, Dr Amin Al Amiri, Undersecretary for Public Health Policy and Licensing at health ministry, explained that there is a difference in sex change and sex correction.
"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.
In the case of sex correction, medical intervention is needed to correct sex of a person who suffers from a sexual obscurity that also affects his/her biological and genetic characteristics.
 

• UAE