AGREEMENT ON PREPARATORY TRANSFER OF POWERS AND RESPONSIBILITIES
Annex II
Protocol Concerning Preparatory Transfer of Powers and Responsibilities in
the Sphere of Health
1. 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.
2. 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.
3. 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.
4. 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.
5. The Palestinian Authority shall inform the Civil Administration in a
routine manner of births or deaths occurring within the medical
institutions under its responsibility.
6. The Palestinian Authority shall apply the present standards of
vaccination of Palestinians and shall improve them according to
internationally-accepted standards in the field.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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
1. 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
2. Regulations regarding Supervision of Medications and their
Manufacture, No. 134, 1966, only with regard to medications
3. Regulations regarding Health Insurance, No. 146, 1966
4. 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
5. Regulations regarding Public Health Supervision of Radiation Equipment
for Medical Treatment, 1981
6. Pharmacologists' Bureau Law, No. 10, 1957
7. Order regarding the Pharmacologists' Bureau Law, No. 10, 1957,
(Amendment), No. 1053, 1983
8. Internal Regulations of the Pharmacologists' Bureau, 1961, as amended
1980
9. Order regarding Medical and Sanitation Professions (Licensing and
Practice), No. 745, 1978
10. Medical Association Law, No. 14, 1954
11. Dental Association Law, No. 11, 1956
12. Internal Regulations of the Dental Association, 1960
13. Order regarding Health Services, No. 746, 1978
14. Order regarding Notification of Casualties, No. 163, 1967
15. Regulation regarding Health Services, 1978
16. Notification regarding Health Services, Program of Health Services and
Payment for Health Services, 1981
17. Order regarding Dangerous Drugs, No. 558, 1973
18. Order regarding Cosmetics, No. 1103, 1983
19. Regulations regarding Cosmetics (Fees), 1984