- The Terminally Ill Patient Law requires the appointment of institutional committees in medical institutions, as well as the appointment of a national committee.
- The purpose of an institutional committee is to make a decision whenever there is disagreement or doubt regarding implementation of The Terminally Ill Patient Law
- The national committee may be petitioned in the following cases:
- Exceptional cases with fundamental significance which an institutional committee has passed on to the national committee for a ruling in the matter.
- Cases an institutional committee has decided to forward on to the national committee without ruling on the matter for some reason.
- Appeals of an institutional committee decision.
Composition of the Committee
- The committee is composed of members appointed by the Ministry of Health director, and it includes:
- Senior medical specialist
- Senior certified nurse
- Senior social worker or senior clinical psychologist
- Senior academic specializing in ethics or philosophy
- Senior jurist
Who May Submit a Petition to a Committee?
- The following are allowed to petition the committee and argue before it:
- Anyone allowed to petition an institutional committee may appeal an institutional committee decision to the national committee.
- Any member of an institutional committee may request that the national committee decide in a case where there is disagreement among members of the institutional committee.
- An institutional committee may request that the national committee decide in an exceptional case with fundamental significance or in a case for which it is incapable of making a decision for some reason.
Stages of the Process
Petitioning the Committee
- The national committee must be petitioned in writing and the following details must be included:
- Name of the institution in which the patient is hospitalized (if relevant), and the name of the care provider
- Name of the responsible physician
- Name of the patient
- Name of the petitioner: Care providers must indicate their position; those who are not a care provider must provide name, national identification (teudat zehut) number, place of residence and address where a written response may be received
- Principal facts related to the case
- The petitioner's interest with regard to the national committee decision
- The petitioner's relationship to the patient
- The patient's religion
- It is important to explain in writing all information presented to the institutional committee, and attach all documents presented to the institutional committee.
- Petitions brought before the national committee are submitted to the committee chairperson.
- The national committee must decide on cases brought before it in the timeliest manner possible, in accordance with the specific circumstances of each case.
- The national committee's decision must be provided to the petitioner in writing, and it must be reasoned unless the committee has decided not to explain the decision for special reasons which must be recorded.
Appealing the Committee's Decision
- Appeals of a national committee decision may be submitted to the Supreme Court in accordance with its role as the High Court of Justice.
Laws and Regulations
- The Terminally Ill Patient Law
- The Terminally Ill Patient Regulations (Committees, Documents, Database and Reporting), 5768 - 2007
- The Ministry of Health website: The Terminally Ill Patient Law
- English translation and maintenance by The Shira Pransky Project.