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Agreement on Preparatory Transfer of Powers and
Responsibilities
Annex II
Protocol Concerning Preparatory Transfer of
Powers and Responsibilities in the Sphere of
Health
The powers and responsibilities of the military government and its
Civil Administration in the sphere of health will be transferred to and will
be assumed by the Palestinian Authority.
The sphere of health shall include all matters dealt with in the laws,
regulations and military orders listed in Appendix A, including the
responsibility over all health institutions, whether private, public,
non-governmental or other.
In exercising its security authority, the military government will do
its utmost to respect the dignity of patients and medical staff and will act
with a view to prevent any damage to medical installations or equipment.
The transfer of powers and responsibilities to the Palestinian Authority
shall not affect the authority of Israel and of the Israeli military
government in the West Bank to exercise its powers and responsibilities in
criminal matters, such as the performance of autopsies, the investigation of
narcotic offenses, etc.
The Palestinian Authority shall inform the Civil Administration in a
routine manner of births or deaths occurring within the medical institutions
under its responsibility.
The Palestinian Authority shall apply the present standards of
vaccination of Palestinians and shall improve them according to
internationally-accepted standards in the field.
The Palestinian Authority shall take necessary measures to ensure that
the health institutions and medical staff under its responsibility inform
the Civil Administration in the West Bank of any Israeli hospitalized in a
Palestinian hospital upon his or her admission.
Arrangements for moving such hospitalized Israelis shall be agreed upon.
The Palestinian Authority shall take necessary measures to ensure that
the health institutions and medical personnel under its responsibility
inform the Israel Police in the West Bank of any person wounded by any kind
of weapon or explosive who is treated or hospitalized in a Palestinian
medical institution, upon his or her admission, and of any death from
unnatural causes.
The Palestinian Authority shall make available for transfer the corpse
of any deceased from unnatural causes, for an autopsy in the Institute of
Forensic Medicine, immediately upon request by the military commander.
Upon request of the Palestinian Authority, a Palestinian physician may be
present at any autopsy performed, provided that the participation of the
said representative shall not inordinately delay the performance of the
autopsy.
The Palestinian Authority shall ensure that no prior autopsy of the corpses
so transferred shall be conducted.
Israel and the Palestinian Authority shall exchange information
regarding epidemics and contagious diseases, shall cooperate in combatting
them, and shall develop methods of exchange of medical files and
documents.
The Palestinian Authority shall enter into agreements with the Israeli
medical institutions on arrangements regarding complementary medical
services for Palestinians in these institutions including their
hospitalization in Israeli hospitals. Israel shall assist the Palestinian
Authority in reaching such agreements as necessary.
The health systems of Israel and of the Palestinian Authority will
maintain good working relations in all matters, including mutual assistance
in providing first aid in cases of emergency, medical instruction,
professional training and exchange of information.
A joint committee of experts will discuss health issues that require
coordination and cooperation between the Palestinian Authority and the
relevant departments of the Civil Administration, including, inter alia, the
environment department.
A committee will be established to facilitate coordination and
cooperation on health and medical issues between the Palestinian Authority
and the Israeli Ministry of Health.
Appendix A
Laws, Regulations and Military Orders in the Sphere of Health
- Public Health Law No. 43, 1966, except for articles 7(1), 25, 26,
27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45,
46, 47, 69, 70, 71, 72, 73, 74, 75, 76, 77
article 10(2) but not including supervision over water sources;
article 15 but only when approved by the military commander
- Regulations regarding Supervision of Medications and their Manufacture,
No. 134, 1966, only with regard to medications
- Regulations regarding Health Insurance, No. 146, 1966
- Regulations regarding Burial of Deceased, Cemeteries, Transfer of Bodies
and Re-opening of Graves, 1981, except for articles 5, 7, 8(a), 9, 10, 11,
12, 13, 14, 15
- Regulations regarding Public Health Supervision of Radiation Equipment
for Medical Treatment, 1981
- Pharmacologists' Bureau Law, No. 10, 1957
- Order regarding the Pharmacologists' Bureau Law, No. 10, 1957,
(Amendment), No. 1053, 1983
- Internal Regulations of the Pharmacologists' Bureau, 1961, as amended
1980
- Order regarding Medical and Sanitation Professions (Licensing and
Practice), No. 745, 1978
- Medical Association Law, No. 14, 1954
- Dental Association Law, No. 11, 1956
- Internal Regulations of the Dental Association, 1960
- Order regarding Health Services, No. 746, 1978
- Order regarding Notification of Casualties, No. 163, 1967
- Regulation regarding Health Services, 1978
- Notification regarding Health Services, Program of Health Services and
Payment for Health Services, 1981
- Order regarding Dangerous Drugs, No. 558, 1973
- Order regarding Cosmetics, No. 1103, 1983
- Regulations regarding Cosmetics (Fees), 1984
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