The Avalon Project : Agreement on Preparatory Transfer of Powers and Responsibilities - Annex II Protocol Concerning Preparatory Transfer of Powers and Responsibilities in the Sphere of Health; August 29, 1994

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

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

Agreement on Preparatory Transfer of Powers and Responsibilities Annex II Protocol Concerning Preparatory Transfer of Powers and Responsibilities in the Sphere of Health

Appendix A

Agreement on Preparatory Transfer of Powers and Responsibilities
Annex II
Protocol Concerning Preparatory Transfer of Powers and Responsibilities in the Sphere of Health