LawHealth
Mental Health Treatment Law, 5751-1991
חוק טיפול בחולי נפש, תשנ"א-1991
Published: 1991-01-08Last amended 2024-07-18✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.
Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Definitions§
1.
In this Law –
"complaints investigation officer" – as defined in section 24f;
"psychiatric examination" – a psychiatric examination of a person carried out by a district psychiatrist or by another psychiatrist appointed by the district psychiatrist;
"hospital" – a hospital as defined in the Ordinance that is designated for the hospitalisation of mental patients, or a psychiatric ward in such a hospital or in a hospital as defined in the Ordinance;
"the Ordinance" – the Public Health Ordinance, 1940;
"psychiatric committee" – a district psychiatric committee appointed under section 24;
"district psychiatric committee for children and youth" – a district psychiatric committee appointed under section 24a;
"patient" – a person suffering from mental illness;
"clinic" – as defined in section 65c(3) of the Ordinance, designated to provide medical services to mental patients;
"director" – the medical director of a hospital;
"asset" – real property, movable property, money and rights and benefits of any kind;
"psychiatrist" – a physician who holds a specialist title in psychiatry pursuant to Regulations made under section 17 of the Physicians Ordinance (hereinafter – the Specialist Regulations);
"child and youth specialist psychiatrist" – a physician who holds a specialist title in child and adolescent psychiatry pursuant to the Physicians Ordinance;
"district psychiatrist" – a psychiatrist in State service appointed by the Minister to be a district psychiatrist or a deputy district psychiatrist for the purposes of this Law;
"Physicians Ordinance" – the Physicians Ordinance [New Version], 5737-1976;
"relative" – spouse, parent, descendant, brother, sister, grandfather, grandmother, adoptive parent and adopted person;
"Head of Mental Health Services" – a psychiatrist appointed under section 22;
"physician" – a licensed physician as defined in the Physicians Ordinance;
"the Minister" – the Minister of Health.
2.§
(Repealed — תשנ״א)
Hospitalisation pursuant to examination§
3.
No patient shall be admitted for hospitalisation in a hospital, except where a hospitalisation order has been issued in respect of that patient, unless the patient has first undergone a medical, mental and physical examination at the hospital and the need to hospitalise the patient has been established; where the patient is a minor, the patient shall be examined by a child and youth specialist psychiatrist.
Voluntary hospitalisation of a patient and discharge§
4.
(a)A patient who requests to be hospitalised voluntarily in a hospital shall sign a consent to voluntary hospitalisation and to receiving treatment; however, in respect of special treatments to be specified in Regulations, a separate consent is required.
(b)A patient who has been hospitalised voluntarily and who requests to be discharged from the hospital shall sign a discharge request form and shall be discharged at the patient's wish within forty-eight hours of signing.
(c)Where a patient refuses to sign a consent to hospitalisation and to receiving treatment under subsection (a) or a discharge request under subsection (b), the patient's request shall be recorded in minutes prepared and signed by two physicians or by a physician and a nurse, and the patient shall be hospitalised or discharged, as the case may be.
(d)Where a patient has requested discharge under subsection (b) and the director has found that the conditions for compulsory hospitalisation as set out in section 9 have been fulfilled in respect of the patient, the director shall immediately request the district psychiatrist to issue a hospitalisation order; if the district psychiatrist has not issued a hospitalisation order within forty-eight hours of the submission of the patient's request for discharge, the patient shall be discharged from the hospital.
Hospitalisation of a minor with the consent of the person responsible for the minor§
4a.
(a)In this section and in sections 4b, 5 and 6 –
"person responsible for a minor" – a parent, adoptive parent or guardian, except where the minor has been removed from their custody under section 3(4) of the Youth (Care and Supervision) Law, 5720-1960 (hereinafter – the Youth Law);
"court" and "social worker under the Youth (Care and Supervision) Law" – as defined in section 1 of the Youth Law.
(b)A person responsible for a minor may request the hospitalisation of the minor in a hospital and consent on the minor's behalf to the minor's hospitalisation and treatment.
(c)Notwithstanding the provisions of subsection (b), a minor shall not be hospitalised with the consent of the person responsible for the minor, if the minor has reached the age of fifteen years and does not consent to hospitalisation, except with the approval of the court granted in accordance with the provisions of the Youth Law and on the grounds enumerated therein for the compulsory hospitalisation of a minor.
(d)Where a director, psychiatrist or other person treating a minor in a hospital becomes aware that a minor hospitalised with the consent of the person responsible for the minor does not consent to the hospitalisation, the director, psychiatrist or other person shall notify, as soon as possible, a social worker under the Youth (Care and Supervision) Law; if the minor has reached the age of fifteen years, the said social worker shall bring the matter before the court for determination; if the minor has not yet reached the age of fifteen years, the social worker shall bring the matter before the district psychiatric committee for children and youth, which shall examine whether the minor cannot be treated other than by way of hospitalisation and shall order the continuation of the minor's hospitalisation or the minor's discharge in accordance with its findings.
(e)The hospitalisation of a minor with the consent of the person responsible for the minor, other than hospitalisation that does not include an overnight stay in a hospital, shall be for a period not exceeding two months.
(f)A district psychiatric committee for children and youth may, upon a reasoned written request by the director, extend, in accordance with a treatment plan, the hospitalisation period for additional periods each not exceeding three months, if it is satisfied that the minor requires treatment that necessitates the extension of the hospitalisation period.
(g)The person responsible for a minor, a social worker under the Youth (Care and Supervision) Law, or a minor who has reached the age of fifteen years, as well as the director, may at any time apply to the district psychiatric committee for children and youth with a request for a further hearing on the matter of the minor's hospitalisation.
Hospitalisation with the consent of the minor alone§
4b.
A minor who has reached the age of fifteen years may request to be hospitalised voluntarily in a hospital and give consent to hospitalisation in accordance with the provisions of section 4; however, in the absence of the consent of the person responsible for the minor, the minor shall not be hospitalised except with the approval of the court under section 3g of the Youth Law.
Urgent hospitalisation by the director§
5.
(a)A director may admit a patient for urgent hospitalisation against the patient's will and without a hospitalisation order, after the patient has been examined as set out in section 3 and it has been found that the conditions for hospitalisation as set out in section 9(a) have been fulfilled in respect of the patient.
(b)The period of urgent hospitalisation under subsection (a) shall not exceed forty-eight hours; at the end of the said period the patient shall be discharged, unless within that period a hospitalisation order has been issued or the patient has consented to hospitalisation as set out in section 4.
(c)Where a minor has been brought to a hospital by a social worker under the Youth (Care and Supervision) Law, the director may admit the minor for hospitalisation against the minor's will, after the minor has been examined as set out in section 3, even if the conditions for hospitalisation under the provisions of section 9(a) have not been fulfilled in respect of the minor, if it has been found upon examination that there is a real possibility that the minor is suffering from mental illness or has a serious mental disorder, which may endanger the minor or others with an immediate physical risk.
(d)The period of urgent hospitalisation under subsection (c) shall not exceed forty-eight hours; at the end of the said period the minor shall be discharged, unless within that period a hospitalisation order has been issued, or the person responsible for the minor has consented to the minor's hospitalisation under section 4a and, if the minor has reached the age of 15 years, the minor has also consented to the hospitalisation, or the court has ordered the hospitalisation of the minor under the provisions of the Youth Law.
Urgent compulsory examination§
6.
(a)A district psychiatrist may order in writing that a person be brought urgently for a psychiatric examination, if prima facie evidence has been presented before the district psychiatrist that all of the following conditions have been fulfilled in respect of the person:
(1)the person is a patient and as a result of the illness the person's judgment or capacity to perceive reality is substantially impaired;
(2)the person may endanger himself or herself or others with an immediate physical risk;
(3)the person has refused to be examined by a psychiatrist.
(b)A district psychiatrist may order in writing, upon a request by a social worker under the Youth (Care and Supervision) Law, that a minor be brought urgently for a psychiatric examination, if there is, in the district psychiatrist's opinion, prima facie evidence that the minor is suffering from mental illness or has a mental disorder, and the illness or disorder may endanger the minor or others with a physical risk.
(c)A psychiatric examination of a minor under this section shall be conducted by a child and youth specialist psychiatrist.
Non-urgent compulsory examination§
7.
A district psychiatrist may order in writing that a person be brought for a psychiatric examination, if prima facie evidence has been presented before the district psychiatrist that all of the following conditions have been fulfilled in respect of the person:
(1)the person is a patient and as a result of the illness the person's judgment or capacity to perceive reality is substantially impaired;
(2)one of the following applies to the person:
(a)the person may endanger himself or herself or others, with a non-immediate physical risk;
(b)the person's ability to attend to basic needs is severely impaired;
(c)the person causes serious mental suffering to others in a manner that harms the normal conduct of their lives;
(d)the person causes serious harm to property;
(3)the person has refused to be examined by a psychiatrist.
Validity of an examination order§
8.
An order of a district psychiatrist under sections 6 or 7 shall be valid for ten days from the date of its issuance.
Hospitalisation order for compulsory hospitalisation and its validity§
9.
(a)Where a district psychiatrist is satisfied on the basis of a psychiatric examination that the conditions in section 6(1) and (2) have been fulfilled in respect of a person and that a causal link exists between the two said conditions, the district psychiatrist may order in writing that the person be brought to a hospital and be hospitalised therein urgently.
(b)Where a district psychiatrist is satisfied on the basis of a psychiatric examination that the conditions in section 7(1) and (2) have been fulfilled in respect of a person and that a causal link exists between the two said conditions, the district psychiatrist may order in writing that the person be brought to a hospital and be hospitalised therein.
(c)A hospitalisation order under subsection (a) or (b) (in this Law – hospitalisation order) shall be valid for ten days from the date of its issuance.
Period of compulsory hospitalisation and its extension§
10.
(a)The period of hospitalisation pursuant to a hospitalisation order shall not exceed seven days from the date of hospitalisation, except in accordance with the provisions of this Law.
(b)A district psychiatrist may, upon a reasoned written request by the director, extend the period of hospitalisation pursuant to a hospitalisation order by a further seven days.
(c)The psychiatric committee may, upon a reasoned written request by the director –
(1)extend the period of hospitalisation beyond the said fourteen days, for an additional period not exceeding three months;
(2)extend the period of hospitalisation from time to time, for additional periods each not exceeding six months; where the psychiatric committee has extended the period of hospitalisation for a period exceeding three months, the patient, a relative of the patient or the patient's guardian may, upon the expiry of three months from the date of the decision, apply to the committee with a request for a further hearing on the matter of the hospitalisation.
(d)A district psychiatrist or a psychiatric committee shall not extend the period of hospitalisation under this section unless satisfied, on the basis of the reasoned request before them, that the conditions for issuing a hospitalisation order as set out in section 9 continue to be fulfilled in respect of the patient.
(e)Where a period of hospitalisation as referred to in this section has ended and has not been extended, the patient shall be discharged.
Order for compulsory outpatient treatment§
11.
(a)Where a district psychiatrist is satisfied on the basis of a psychiatric examination that the conditions referred to in section 9(a) or (b) have been fulfilled in respect of a person and that it is possible to provide the necessary treatment in a clinic setting, the district psychiatrist may, instead of issuing a hospitalisation order, order in writing that the person receive the necessary treatment in a clinic to be specified, for a period and on conditions to be ordered (hereinafter – outpatient treatment order), provided that such a period shall not exceed six months.
(b)Where a district psychiatrist is satisfied, following a written communication by the director, that a patient under compulsory hospitalisation requires continued outpatient treatment after discharge, the district psychiatrist may issue an outpatient treatment order for a period not exceeding six months.
(c)A district psychiatrist may, upon a reasoned written request by the clinic director, extend the period of outpatient treatment from time to time for additional periods each not exceeding six months.
(d)Where a person has not complied with an outpatient treatment order as referred to in this section, the district psychiatrist may issue a hospitalisation order.
Appeal against a hospitalisation order or outpatient treatment order§
12.
(a)Against a hospitalisation order or an outpatient treatment order, as well as against a refusal to issue a hospitalisation order, any person may lodge an appeal with the psychiatric committee.
(b)The psychiatric committee shall hear an appeal against a hospitalisation order no later than five days from the date of its submission, and an appeal against an outpatient treatment order – no later than ten days from the date of its submission.
(c)The psychiatric committee may affirm, annul or vary the decision that is the subject of the appeal as it sees fit.
Deferral of execution of a non-urgent compulsory hospitalisation order§
13.
A hospitalisation order under section 9(b) shall be executed upon the expiry of 24 hours from the issuance of the order, and if an appeal has been lodged within that time – the execution of the order shall be deferred until the receipt of the psychiatric committee's decision on the appeal.
Execution of an order for examination, hospitalisation or outpatient treatment§
14.
A district psychiatrist who has ordered a psychiatric examination under sections 6 or 7, or hospitalisation under section 9, or outpatient treatment under section 11, may –
(1)appoint the person to carry out the order;
(2)order that the person carrying out the order shall be entitled to receive assistance from the police when necessary;
(3)authorise the person carrying out the order, as well as the assisting police officer, to enter the patient's home or any hospital or other premises specified in the order in order to execute it, and to use reasonable force both for the purpose of entering the premises and for the purpose of executing the order;
(4)determine the hospital in which the patient is to be hospitalised or the clinic in which the patient is to receive treatment, or the place of the examination and the examining psychiatrist;
(5)determine the conditions of hospitalisation, clinic treatment or examination.
Hospitalisation or outpatient treatment of an accused pursuant to a court order§
15.
(a)Where an accused has been put on trial for a criminal offence and the court considers, whether on the basis of evidence adduced before it by one of the parties or on the basis of evidence adduced before it on its own initiative, that the accused is incapable of standing trial by reason of being a patient, the court may order that the accused be hospitalised in a hospital or receive outpatient treatment; where the court has decided to inquire into the guilt of the accused under section 170 of the Criminal Procedure Law [Consolidated Version], 5742-1982 (hereinafter – the Criminal Procedure Law), the order so issued shall remain in force until the conclusion of the inquiry, and when the inquiry has concluded or been discontinued and the accused has not been acquitted – the court shall decide on the question of hospitalisation or outpatient treatment.
(a1)A court shall not issue an order under subsection (a) unless it is satisfied that there is prima facie evidence that the accused committed the act of the offence with which the accused was charged in the indictment, or committed another act of an offence based on the same facts or on facts similar to the facts in the indictment.
(b)Where an accused has been put on trial for a criminal offence and the court has found that the accused committed the act of the offence with which the accused was charged, but has decided, whether on the basis of evidence adduced before it by one of the parties or on the basis of evidence adduced before it on its own initiative, that the accused was a patient at the time of the act and is therefore not criminally liable, and that the accused is still a patient, the court shall order that the accused be hospitalised or receive outpatient treatment.
(c)A court shall not issue an order under subsections (a) or (b) except after receiving a psychiatric opinion, and for that purpose shall order that the accused be brought for a psychiatric examination, and if the accused is a minor – for an examination as aforesaid by a child and youth specialist psychiatrist; where the district psychiatrist has notified the court that the psychiatric examination cannot be conducted except under conditions of hospitalisation, the court may order the hospitalisation of the accused for the purpose of conducting an examination and observation, for a period to be determined in the order.
(d)The court shall not issue an order for outpatient treatment unless it is of the opinion that to do so would not endanger public safety or the safety of the accused.
(d1)
(1)A court shall not determine in an order under subsections (a) or (b) the period of hospitalisation or outpatient treatment, but shall direct in the order the maximum period of hospitalisation or outpatient treatment in accordance with the provisions of paragraphs (2) and (3) (hereinafter – the maximum hospitalisation or treatment period);
(2)the maximum hospitalisation or treatment period shall be the maximum imprisonment period; for this purpose, "maximum imprisonment period" –
(a)the imprisonment period prescribed by law for the offence referred to in subsection (a1) or (b), as the case may be, and if the accused has been brought to trial before a Magistrate's Court under section 51(a)(1)(b) of the Courts Law [Consolidated Version], 5744-1984 – seven years;
(b)where there are several offences as referred to in sub-paragraph (a) – the longest imprisonment period among the imprisonment periods prescribed by law for those offences;
(c)where the offence referred to in sub-paragraphs (a) or (b) is an offence punishable by mandatory life imprisonment – 25 years;
(2a)notwithstanding the provisions of paragraph (2)(a) and (b), where the court is satisfied that the act of the offence was committed in particularly mitigating circumstances, the court may, in exceptional cases and for special reasons to be recorded, direct in the order that the maximum hospitalisation or treatment period shall be shorter than the maximum imprisonment period;
(3)the maximum hospitalisation or treatment period shall be counted from the commencement of hospitalisation or from the commencement of outpatient treatment pursuant to a court order, as the case may be; the court may determine that periods of hospitalisation under section 16 shall be counted towards the said period.
(d2)An order as referred to in subsections (a) or (b) shall be drawn up in accordance with the form in the Schedule, and shall specify, inter alia, the maximum hospitalisation or treatment period and the provisions of section 15a(b) concerning the review of the accused's situation in advance of the end of the said period.
(e)Where the accused has not complied with a court order in respect of outpatient treatment, or where there has been a deterioration in the accused's mental condition and the conditions for issuing a hospitalisation order under section 9 have been fulfilled in respect of the accused, the district psychiatrist shall order hospitalisation; a hospitalisation order under this subsection has the same effect as a court order for all purposes.
(f)For the purposes of appeal, an order under subsections (a) or (b) shall have the same effect as a conviction.
(g)The district psychiatrist shall determine in which hospital or clinic an order or hospitalisation order under this section is to be executed.
Review of the situation of an accused in advance of the end of the maximum hospitalisation or treatment period§
15a.
(a)Two weeks before the end of the maximum hospitalisation or treatment period of an accused, if the accused has not been discharged beforehand, the director or the clinic director, as the case may be, shall report to the district psychiatrist and to the other bodies listed in section 28(d)(1), that the said period is about to end.
(b)Upon receipt of the report as referred to in subsection (a), the district psychiatrist shall consider whether there is reason to issue in respect of the accused an order for compulsory examination, an order for compulsory hospitalisation or an order for compulsory outpatient treatment, under sections 6, 7, 9 or 11.
(c)Upon the end of the maximum hospitalisation or treatment period, the patient shall be discharged from the hospitalisation or treatment determined pursuant to a court order under section 15.
Hospitalisation of a Detainee§
16.
(a)Where a court has ordered the detention of a person and is of the opinion, whether on the basis of evidence adduced before it on behalf of the detainee or on behalf of a prosecutor within the meaning of section 12 of the Criminal Procedure Law (hereinafter – prosecutor), or on the basis of evidence adduced before it on its own initiative, that the detainee is a patient and that his condition requires hospitalisation, the court may order that the detention be in a hospital to be determined by the district psychiatrist or in a psychiatric wing of a prison, provided that if the detainee is under investigation, the hospital shall ensure the conditions necessary for the conduct of the investigation.
(b)A court shall not make an order under subsection (a) except after receiving a psychiatric opinion, and for that purpose shall order that the detainee be brought for a psychiatric examination, and if the detainee is a minor – for an examination as aforesaid by a child and youth specialist psychiatrist; where the district psychiatrist has notified the court that a psychiatric examination cannot be conducted except under conditions of hospitalisation, the court may order the hospitalisation of the detainee for the purpose of conducting an examination and observation in a hospital to be determined by the district psychiatrist or in the psychiatric wing of a prison, provided that the duration of the hospitalisation shall not exceed the period of validity of the detention order.
(c)Where an order has been made under this section, the detainee shall, while undergoing hospitalisation or examination, be deemed to be in lawful custody, and the provisions of sections 18 and 19 of the Prisons Ordinance [New Version], 5731-1971, shall apply to him with the necessary modifications.
Examination of a Suspect§
17.
Where a concern has arisen that a person against whom there is apparently evidence rendering him suspect of having committed an offence but against whom an indictment has not yet been filed is a patient, the court may, upon the application of a prosecutor or of the suspect or on its own initiative, order that the suspect undergo a psychiatric examination, and if the suspect is a minor – an examination as aforesaid by a child and youth specialist psychiatrist, not under conditions of hospitalisation, in order to determine whether he is a patient and whether he is capable of standing trial.
Representation and Presence of the Patient§
18.
An order under sections 15 to 17 shall not be made except in the presence of the patient's defence counsel, and if he has none, the court shall appoint defence counsel for him; the court may make such an order in the absence of the patient if it is satisfied, on the basis of an opinion of a district psychiatrist or of another psychiatrist appointed by the district psychiatrist, that it is impossible to conduct the hearing in the presence of the patient or that his presence would be harmful to his mental health.
Review and Appeal§
19.
An application for review may be submitted against an order under section 16(a), and an appeal may be lodged against it and against orders under sections 15(c), 16(b) and 17, all as provided in sections 37 to 39 of the Criminal Procedure Law, with the necessary modifications; where an application for review has been submitted or an appeal has been lodged, the court may order a stay of execution of the order.
Authority and Duty of Implementation§
20.
(a)A court order for hospitalisation, outpatient treatment or psychiatric examination shall serve as authority for the police to bring the person to the place directed by the district psychiatrist; where the person is in custody in a prison, he shall be brought to that place by a prison officer.
(b)A determination by a district psychiatrist under sections 15 and 16 shall oblige the hospital or the clinic so determined, as the case may be, to receive the patient for hospitalisation, outpatient treatment or examination for the purpose of implementing the court order.
Prosecution after Release§
21.
Where an accused has been hospitalised pursuant to a court order under section 15(a) or is undergoing outpatient treatment pursuant to a court order under section 15(a) or pursuant to a decision of a psychiatric committee under section 28(b) and has subsequently been released under section 28(d), the Attorney General may direct that the accused be prosecuted for the offence with which he was charged.
Prosecution before Release from Outpatient Treatment§
21a.
(a)Where the Attorney General finds that, notwithstanding that an accused is undergoing outpatient treatment pursuant to a court order under section 15(a) or pursuant to a decision of a psychiatric committee under section 28(b), there is reasonable ground to presume that he is capable of standing trial, and that the circumstances of the matter in their entirety are appropriate for his prosecution, the Attorney General may apply to the court for a review of the decision that the accused is incapable of standing trial by reason of being a patient.
(b)A court shall not determine that an accused as referred to in subsection (a) is capable of standing trial except after receiving a psychiatric opinion, and the provisions of section 15(c) shall apply in that regard, as the case may be.
(c)An appeal against a decision of a court under subsection (a) may be lodged with the appellate court and the provisions of section 15(f) shall apply.
(d)Where an accused is prosecuted under this section, he shall be released from the outpatient treatment; the provisions of section 48(a)(7a) of the Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996 (hereinafter – the Arrests Law) shall apply to an accused who has been so released and in respect of whom an application has been made under that Law.
Appointment and Functions of the Head of Mental Health Services§
22.
(a)The Minister shall appoint a psychiatrist in State service to be Head of Mental Health Services.
(b)The functions of the Head of Mental Health Services are:
(1)to plan and manage mental health services and also to coordinate between all mental health institutions;
(2)to supervise hospitals and clinics;
(3)to exercise administrative supervision over district psychiatrists with respect to the performance of their functions under this Law;
(4)to regulate procedures for the keeping of psychiatric records and to supervise the arrangements established for preserving their confidentiality;
(5)to regulate procedures for the transfer of medical information that may or must be disclosed under law.
Powers to Obtain Information§
23.
(a)The Head of Mental Health Services or a person authorised by him in writing from among the employees of the Ministry of Health may demand information regarding a patient from any employee of a hospital or of a clinic, enter such a place, examine patients therein and conduct any inquiry he deems appropriate.
(b)A district psychiatrist may, for the purpose of performing his functions, enter any hospital or clinic in his district, and may also demand information from any person and conduct any inquiry or investigation required for the implementation of the provisions of this Law or of provisions made thereunder.
(c)A person to whom the Head of Mental Health Services or a district psychiatrist has applied under this section is obliged to supply all information required of him.
Report by the Head of Mental Health Services§
23a.
The Head of Mental Health Services shall report to the Health Committee of the Knesset, no later than 1 April in each year, on the treatment of Holocaust victims in the mental health system in the year preceding the submission of the report; the report shall include, inter alia, the number of Holocaust survivors who were in hospitals, the number of Holocaust survivors who were discharged from hospitals, including those who transferred to residential care within the framework of rehabilitation of mental health patients in the community under the Mental Health Patient Community Rehabilitation Law, 5760-2000, and the number of hospitalised Holocaust survivors who passed away; the report shall also include details regarding the number of hospitalised survivors who have a guardian, and, where no guardian has been appointed for them, the reasons therefor.
District Psychiatric Committee§
24.
(a)The Minister shall appoint members to district psychiatric committees from the lists set out below:
(1)a list of jurists qualified for appointment as Magistrate's Court judges, compiled by the Minister of Justice (in this section – the jurists list);
(2)a list of psychiatrists compiled by the Minister in consultation with the Israel Medical Association, provided that a person who is a district psychiatrist or a hospital director shall not be appointed as a member of a psychiatric committee (in this section – the psychiatrists list); for this purpose, "hospital" – a hospital as defined in the Ordinance, designated for the hospitalisation of mental patients.
(b)From the jurists list the Minister shall appoint in each district a duty chairperson and a deputy; the duty chairperson shall determine the panels of the psychiatric committees in that district and the matters they shall handle.
(c)A psychiatric committee shall sit in a panel of three, one of whom shall be appointed from the jurists list and shall be the chairperson of the panel, and two from the psychiatrists list.
(d)The term of office of a member of a psychiatric committee shall be five years, and the Minister may appoint him for an additional term of office, provided that he shall not serve for more than two consecutive terms of office.
(e)The Head of Mental Health Services shall be administratively responsible for the operation of the psychiatric committees and shall monitor their regular operation.
District Psychiatric Committee for Children and Youth§
24a.
(a)The Minister shall appoint members to district psychiatric committees for children and youth from the lists set out below:
(1)a list of jurists qualified to serve as Magistrate's Court judges, compiled by the Minister of Justice;
(2)a list of physicians holding a specialist title in child and adolescent psychiatry;
(3)a list of psychologists holding a specialist title in clinical psychology with professional experience in treatment of children and youth, compiled by the Psychologists Council as defined in section 47 of the Psychologists Law, 5737-1977 (in this section – the Council);
(4)a list of psychologists holding a specialist title in educational psychology with professional experience, compiled by the Council;
(5)a list of social workers with professional experience in the field of children and youth, compiled by the Minister of Labour and Welfare.
(b)A psychiatric committee for children and youth shall sit in a panel of five, one of whom shall be appointed from each of the lists set out in subsection (a); the chairperson of the panel shall be the member appointed from the jurists list.
(c)A member shall not be appointed to a panel that is to deliberate on the hospitalisation of a minor in the hospital in which that member is employed.
(d)The provisions of section 24(b), (d) and (e) shall apply to district psychiatric committees for children and youth with the necessary modifications.
(e)The provisions of this Law, insofar as they relate to a psychiatric committee, shall apply, with the necessary modifications, also to a district psychiatric committee for children and youth, unless expressly provided otherwise.
Restriction on Appointment of a Committee Member§
24b.
(a)In this section and in sections 24c to 24f, "committee member" – a member of one of the following: a psychiatric committee, a district psychiatric committee for children and youth, or a special committee as referred to in section 28a.
(b)A person who has been convicted of a criminal offence or a disciplinary offence that, by reason of its nature, severity or circumstances, renders him unfit to serve as a committee member, or against whom an indictment, a complaint or disciplinary proceedings have been filed for such an offence and a final judgment has not yet been given in his matter, shall not be appointed as a committee member.
Early Termination of a Committee Member's Term of Office, Suspension and Warning§
24c.
(a)A committee member shall cease to serve before the end of his term of office if he resigned by delivering a letter of resignation to the Minister.
(b)Where any of the circumstances set out below has occurred with respect to a committee member, the Minister shall remove him from office before the end of the term of office and as soon as possible after the occurrence of the circumstance, by written notice:
(1)he has been convicted of a criminal offence or a disciplinary offence that, by reason of its nature, severity or circumstances, renders him unfit to serve as a committee member, or an indictment, a complaint or disciplinary proceedings have been filed against him for such an offence;
(2)he has been permanently prevented from fulfilling his function;
(3)a condition required for his appointment has ceased to be met;
(4)the complaints investigation officer has recommended his removal from office under section 24f(b).
(c)The Minister may suspend the term of office of a committee member pending the fulfilment of conditions he shall direct, or may issue a warning to him.
(d)The Minister shall not suspend the term of office of a committee member or remove him from office except after affording him an opportunity to present his arguments in the matter; the Minister may consult the complaints investigation officer regarding the exercise of his powers under subsections (b) and (c).
(e)Where a committee member has ceased to serve pursuant to the provisions of this section, the Minister shall act, in accordance with the provisions of sections 24, 24a or 28a, as the case may be, to appoint another committee member in his place as soon as possible.
Application of Laws§
24d.
Committee members who are not State employees shall, in their capacity as committee members, be treated as State employees for the purposes of the following enactments and their activities on the committee:
(1)Public Service (Gifts) Law, 5740-1979;
(2)Penal Law, 5737-1977 – the provisions relating to public employees;
(3)Public Service (Restrictions after Retirement) Law, 5729-1969;
(4)State Service (Restriction of Party Activity and Collection of Funds) Law, 5719-1959 – the provisions relating to all State employees;
(5)Evidence Ordinance [New Version], 5731-1971 – the provisions relating to a public employee's certificate;
(6)Knesset Elections Law [Consolidated Version], 5729-1969.
Conflict of Interests§
24e.
(a)In this section –
"family member" – spouse, parent, grandparent, son or daughter and their spouses, brother or sister and their children, brother-in-law, sister-in-law, uncle or aunt and their children, father-in-law, mother-in-law, father-in-law (husband's father), mother-in-law (husband's mother), grandson or granddaughter, including a relative as aforesaid who is a step-relative;
"interested party" – as defined in the Securities Law, 5728-1968;
"patient" – including a minor whose matter is being deliberated before a district psychiatric committee for children and youth;
"conflict of interests", of a committee member – a conflict of interests between the performance of his function on the committee and a personal interest or other function, of his own or of his relative;
"relative", of a committee member – any of the following:
(1)a family member of the committee member;
(2)a person in whose financial situation the committee member has an interest;
(3)a corporation in which the committee member, his family member or a person as referred to in paragraph (2) is an interested party;
(4)a body in which the committee member, his family member or a person as referred to in paragraph (2) are directors or responsible employees.
(b)A person who, by reason of his membership, would regularly find himself in a situation of conflict of interests that would prevent him from performing the principal part of his function on the committee shall not be appointed as a committee member or serve as such.
(c)A committee member shall not participate in a panel of the committee if he is liable to find himself in a situation of conflict of interests.
(d)Where it becomes apparent to a committee member that he is precluded from participating in a deliberation on a particular matter by reason of a conflict of interests, he shall notify his fellow panel members thereof, and if the deliberation has commenced – also the patient, and shall refrain from participating in the deliberation on that matter.
(e)Where a doubt arises in the mind of a committee member as to whether he is precluded from participating in a deliberation concerning a particular patient by reason of a conflict of interests, or where the patient, his relative or the legal representative of either of them or the district psychiatrist claims that a committee member is so precluded, the panel of the committee, including that member, shall decide the matter and give reasons for its decision.
(f)A claim as referred to in subsection (e) that a committee member is precluded from participating in a deliberation by reason of a conflict of interests shall not be heard unless it was raised at the commencement of the deliberation or immediately after the ground for the conflict of interests became known.
Complaints Investigation Officer§
24f.
(a)The Minister shall appoint, with the consent of the President of the Supreme Court, a judge of a District Court or a retired judge of the Supreme Court, to be the complaints investigation officer responsible for investigating complaints concerning the conduct of committee members in the course of the performance of their functions, including complaints regarding the manner in which proceedings under this Law are conducted by them.
(b)Where the complaints investigation officer finds that a complaint was justified, he may recommend to the Minister to issue a warning to the committee member, to remove him from office, to suspend his appointment pending the fulfilment of conditions to be directed by the Minister, or to recommend that he not be appointed for an additional term of office.
(c)For the purpose of investigating a complaint, the complaints investigation officer may inspect the minutes of the committee's proceedings and may address the members of the committee and those who participated therein.
(d)The complaints investigation officer shall not investigate a complaint that concerns a matter that is subject to appeal under law.
Powers of a Psychiatric Committee§
25.
The provisions of sections 8 to 11 and 27(b) of the Commissions of Inquiry Law, 5729-1968, shall apply to a psychiatric committee with the necessary modifications.
Presence at the Hearing and Submission of Arguments§
26.
(a)Where the matter of a patient has been brought before the psychiatric committee, the committee shall examine the patient; where the committee is prevented from examining the patient, it may adjourn the hearing to another date to be fixed by it, which shall not exceed seven days, and may extend the period of hospitalisation until the date of the hearing.
(b)Where the committee finds that the patient needs to undergo a physical examination, the examination shall be conducted by the two psychiatrist members or by one of them alone, and the chairperson of the committee shall not be present thereat; such an examination shall have the same standing as an examination by the committee as a whole.
(c)The committee shall afford the patient, his relative and their legal representatives, if they have legal representation, and in a hearing on an appeal, also the appellant and his legal representative and the district psychiatrist, the opportunity to present their arguments before it; the committee may also afford additional persons, if in its opinion they are relevant to the matter, the opportunity to present their arguments before it.
(d)The hearing shall be conducted in camera and the patient and his legal representative, if he has one, shall be present; the committee may permit the presence of additional persons if in its opinion they are relevant to the matter and their presence is required for the purpose of the hearing.
(e)Where the committee is of the opinion that the patient's presence at the hearing, in whole or in part, is liable to harm his physical or mental well-being, the committee may, for reasons that shall be recorded, deliberate on that part of the hearing in his absence.
Order of Proceedings before the Committee§
27.
The psychiatric committee shall determine the order of proceedings before it to the extent not prescribed in Regulations.
Periodic hearing in the matter of a patient hospitalised or receiving outpatient treatment under an Order§
28.
(a)Where a patient is hospitalised pursuant to a court Order or is receiving outpatient treatment pursuant to such an Order, the psychiatric committee shall hear his matter at least once every six months, and it may also hear his matter at any time if the patient or the director so requests.
(b)In a hearing as referred to in subsection (a), the committee is empowered to authorise leaves of absence for the patient, within the period of the Order, subject to conditions it shall prescribe, or to discharge him unconditionally or to direct that he receive outpatient treatment; a decision of the committee to direct that outpatient treatment be received shall have the same effect as a court Order for outpatient treatment.
(b1)The committee shall decide on the discharge of a patient if it finds that there is no longer justification for the continuation of his hospitalisation in view of his mental condition and in view of the degree of danger he poses, having regard to his mental condition.
(b2)In a hearing under this Section the committee shall consider, inter alia, the following considerations: the prospects of the patient's rehabilitation and the conditions for rehabilitation, including the treatment required for his rehabilitation and the prognosis in respect thereof, the circumstances of the offence for which the hospitalisation Order or outpatient treatment Order was made, the patient's criminal record and the length of time that has elapsed since the commencement of the hospitalisation or outpatient treatment.
(c)Where the committee has decided to authorise leaves of absence for the patient, it may authorise the director to determine their dates and the conditions under which they shall be granted.
(d)
(1)Where the committee has decided on the discharge of the patient or has directed that the patient receive outpatient treatment, it shall give notice of the date of discharge or of the giving of the direction to receive outpatient treatment to the district psychiatrist, the Attorney General, the District Attorney and the Israel Police;
(2)Where the committee has decided to grant a leave of absence to the patient, it shall give notice thereof to the District Attorney or the head of the prosecutions unit of the Israel Police in whose area the indictment was filed, and to the Public Defender's Office;
(3)The Minister of Justice, with the consent of the Minister of Health and the Minister of Internal Security, shall prescribe procedures in respect of the giving of notices as referred to in this subsection.
(e)Where the committee has decided to grant a leave of absence to the patient, it may defer the implementation of the decision for a period not exceeding five days from the date of delivery of the decision; where the committee has decided on the discharge of a patient or has directed that the patient receive outpatient treatment, it may defer the implementation of the decision for a period not exceeding ten days from the date of delivery of the decision, all provided that the deferral period does not exceed the maximum hospitalisation or treatment period as referred to in section 15(d1).
Special psychiatric committee§
28a.
(a)The Minister shall appoint one or more special psychiatric committees (in this Law – special committee), whose members shall be as follows:
(1)a retired District Court judge, to be appointed from a list drawn up by the Minister of Justice after consultation with the President of the Supreme Court, who shall serve as chairperson;
(2)a psychiatrist with at least ten years of experience in the field of psychiatry, who is not the district psychiatrist or his deputy, from a list drawn up by the Minister after consultation with the Head of Mental Health Services;
(3)a clinical criminologist with a seniority of three years and with experience in danger assessment and in working with mentally ill accused persons, from a list drawn up by the Minister after consultation with the Head of Mental Health Services.
(b)The term of office of a member of a special committee shall be five years, and the Minister may reappoint him for an additional term of office, provided that he shall not serve for more than two consecutive terms of office.
(c)Notice of the appointment of a special committee shall be published in Reshumot (Official Gazette).
(d)A special committee shall be empowered to hear, in place of the psychiatric committee, the matter of a person who has been charged with an offence under sections 300 or 305 of the Penal Law, 5737-1977, and upon whom an Order has been imposed under section 15, and the provisions of sections 25 to 28, 29 and 29a shall apply in that regard, with the necessary modifications, and with the modifications set out in sections 28b to 28d.
Presence at hearings of a special committee and submission of arguments§
28b.
(a)A representative of the Attorney General shall be present at a hearing of a special committee and shall submit his arguments before it.
(b)A victim of an offence who has requested that notice of the date of the hearing before the special committee be given to him, as referred to in item 9 of the Fourth Schedule to the Victims of Crime Rights Law, shall be entitled to express his position in writing before the committee, but he shall not be entitled to inspect the medical information of the accused; for this purpose –
"Victims of Crime Rights Law" – the Victims of Crime Rights Law, 5761-2001;
"victim of an offence" – as defined in section 2 of the Victims of Crime Rights Law.
Powers of a special committee§
28c.
(a)Without derogating from the provisions of section 28, in a hearing as referred to in that section a special committee is empowered to authorise leaves of absence for the patient, for a period and subject to conditions it shall prescribe, to discharge him from hospitalisation, to direct outpatient treatment, or to discharge him from outpatient treatment, all subject to conditions it shall prescribe.
(b)Conditions under subsection (a) (hereinafter – release and supervision conditions) –
(1)shall be imposed on the patient in order to prevent danger to public safety on the basis of his mental condition, including by ensuring treatment for him, and may include, inter alia, an obligation on the patient to present himself for a psychiatric examination or to receive treatment at a place designated by the committee, or conditions in respect of his place of residence; in this section, "conditions in respect of place of residence" – including a restriction from residing at a particular place or in its vicinity, or residing in a framework appropriate to his medical needs in relation to his mental condition, as the committee shall prescribe;
(2)shall remain in force for a period to be determined by the committee not exceeding one year, but the committee may extend the said period for additional periods each of which shall not exceed six months, provided that the total of all periods, including the period of hospitalisation or outpatient treatment, shall not exceed the maximum hospitalisation or treatment period as referred to in section 15(d1).
(c)A special committee shall authorise a leave of absence for a patient under this section only if it is of the opinion that a fundamental, basic and continuous change over time has occurred in the mental condition of the patient, and that such change – having regard to the release and supervision conditions – is sufficient to negate, to a high degree of certainty, the dangerousness of the accused to public safety, to particular persons or to himself.
(d)For the purpose of making a decision regarding discharge or the granting of a leave of absence under this section, a special committee may direct the director to submit to it an opinion or a plan for the treatment and rehabilitation of the patient, and in a decision regarding the granting of a leave of absence – also an opinion regarding the need for supervision of the patient during the period of his leave of absence and the means of supervision required.
Breach of release and supervision conditions prescribed by a special committee§
28d.
(a)Where an accused has breached a condition of the release and supervision conditions prescribed in respect of him by a special committee, the committee may amend or cancel the release and supervision conditions and may even direct the hospitalisation of the accused if it is of the opinion that it is not possible to ensure treatment for him other than under hospitalisation conditions and that he is liable to endanger others; the committee shall not make such a decision except after holding a hearing to which the accused and his counsel have been summoned; if the accused fails to appear, the committee may direct his appearance at a further hearing, and if he fails to appear – it may make a decision in his absence.
(b)If it becomes known to the district psychiatrist that an accused has breached a condition of the release and supervision conditions as referred to in subsection (a), he may –
(1)summon the accused for a special compulsory examination on his behalf, even if the conditions set out in sections 6 or 7 are not fulfilled in respect of the accused, and direct the hospitalisation of the accused for a period not exceeding 48 hours, if this is required for the purpose of conducting the examination, in view of his mental condition and the anticipated risk posed by him;
(2)hospitalise him for a period not exceeding 48 hours, for the purpose of ensuring his appearance before a special committee.
(c)The district psychiatrist shall provide the special committee with an update regarding the actions he has taken under subsection (b).
(d)For the purposes of subsection (b), Sabbaths and Israeli holidays as defined in section 18a(a) of the Law and Administration Ordinance, 5708-1948, shall not be counted in the reckoning of hours.
(e)The Minister of Justice, with the consent of the Minister, may make Regulations in respect of this section, including in respect of the means of bringing an accused before a special committee and in respect of the means of reporting to the district psychiatrist and to the committee on a breach of release and supervision conditions.
Further review of decisions of a special committee§
28e.
An accused or his counsel, the director or a representative of the Attorney General, may apply to a special committee for a further review of a decision of the committee under sections 28c or 28d, if new facts have come to light or if circumstances have changed; a further review may also be held on the initiative of a special committee.
An accused of murder or attempted murder who has been charged after release§
28f.
An accused as referred to in section 28a(d) who has been charged after his release pursuant to the provisions of section 21 shall no longer fall within the jurisdiction of the special committee, and release and supervision conditions prescribed by it in respect of him shall no longer apply; however, in making decisions pursuant to the Detention Law, the court shall consider, inter alia, the decisions of the special committee that were made in respect of the accused, as well as any additional material relevant to the matter.
Appeal against a decision of a psychiatric committee§
29.
(a)The patient, his relative, and the Attorney General may appeal against a decision of a psychiatric committee before the District Court, sitting as a single judge; the appeal shall be filed within forty-five days from the date on which notice of the decision was given to the patient or to the Attorney General, as the case may be.
(b)The Minister of Justice shall prescribe by Regulations the procedure for filing the appeal and the rules of procedure for hearing it.
Right of representation§
29a.
(a)In a hearing before a psychiatric committee and in a hearing of an appeal against its decisions, the patient may be represented by a lawyer.
(b)Where the patient is hospitalised pursuant to a hospitalisation direction or is receiving outpatient treatment pursuant to an outpatient treatment direction, he is entitled to be represented in a hearing as referred to in subsection (a) by a lawyer appointed to provide legal services pursuant to the provisions of the Legal Aid Law, 5732-1972.
(c)Where the patient is hospitalised or is receiving outpatient treatment pursuant to a court Order, he is entitled to be represented in hearings as referred to in subsection (a) by a public defender appointed pursuant to the provisions of the Public Defender's Office Law, 5756-1995.
(d)The provisions of subsections (b) and (c) shall not apply in respect of a hearing before a district psychiatric committee for children and youth as referred to in section 24a and a hearing of an appeal against its decisions.
(e)The director, or a person authorised by him for this purpose, shall notify the patient, and if the patient has a guardian also the guardian, close to the time of his hospitalisation, of the patient's right to be represented pursuant to the provisions of this section; if it was not possible to ascertain the patient's view on the matter due to his medical condition and he has no guardian, the notice shall be given to one of the patient's relatives; if a patient has requested to be represented by a lawyer pursuant to the provisions of this section, or if his guardian or a relative of a patient whose view cannot be ascertained has requested that the patient be represented, the patient shall be given an opportunity to meet with the lawyer in a manner that enables adequate representation of the patient.
(f)The Minister of Justice, in consultation with the Minister of Health and with the approval of the Health Committee of the Knesset, shall prescribe provisions for the implementation of this section.
Discharge or leave of absence by the director§
30.
(a)A director may, at his discretion, discharge a patient who is hospitalised otherwise than pursuant to a court Order, or authorise a leave of absence for him.
(b)A director may not discharge a hospitalised patient who is a prisoner, but the director may, with the approval of the Prison Commissioner, authorise a leave of absence for him.
Objection to the discharge of a patient§
31.
Where a patient or his relative objects to the discharge of the patient from hospital pursuant to section 30(a), he may not be discharged except with the approval of the district psychiatrist; a decision of the district psychiatrist may be appealed before the psychiatric committee.
Transfer of a patient§
32.
(a)A patient may not be transferred from one hospital to another except with his consent and with the consent of the directors concerned; in the absence of such consent, the matter shall be determined by the district psychiatrist of the district in which the hospital to which transfer is sought is located; a decision of the district psychiatrist may be appealed before the psychiatric committee in that district.
(b)Notwithstanding the provisions of subsection (a), the Head of Mental Health Services may, in special circumstances and having regard to hospitalisation needs, direct the transfer of a patient from one hospital to another.
Return of a patient to hospital§
33.
Where a patient has left the hospital without authorisation, has failed to return from a leave of absence or is absent from it for any other reason –
(1)if he was hospitalised pursuant to a court Order or if he is a prisoner, the director shall notify the Israel Police thereof, which shall arrange for his return to the hospital;
(2)if he was hospitalised pursuant to a hospitalisation direction, the director shall notify the district psychiatrist thereof; if the district psychiatrist decides on his return to hospital, he may exercise the powers vested in him under section 14.
Coercive measures§
34.
(a)In this section, "coercive measures" – isolation or restraint.
(b)The use of coercive measures in respect of a hospitalised patient shall be carried out only to the extent necessary for the purpose of his medical treatment or in order to prevent danger to himself or to others.
(c)A direction regarding the use of coercive measures shall be given in writing by a physician for a limited period; in an emergency and in the absence of a physician, a nurse may give such a direction.
(d)The Minister shall prescribe by Regulations provisions regarding the means of using coercive measures, including regarding recording in a special register and the means of maintaining it.
Rights of the patient§
35.
(a)No right of a patient shall be denied or restricted in any manner, except pursuant to law.
(b)The primary purpose of the hospitalisation of a patient in a hospital is the receipt of medical treatment, and a person may not be hospitalised in a hospital solely for the purpose of protecting the public or himself, except pursuant to the provisions of this Law.
(c)A patient hospitalised in a hospital is entitled to receive treatment in accordance with his medical condition, both mental and physical, in accordance with the conditions and arrangements prevailing in the health system in Israel.
(d)A patient hospitalised in a hospital may –
(1)send and receive sealed letters and other postal items;
(2)receive visitors at times and under conditions prescribed by the director;
(3)maintain contact with persons outside the hospital;
(4)keep personal belongings to a reasonable extent and wear his personal clothing, all subject to conditions prescribed by the director.
(e)A director may restrict the rights of a patient under this section to the extent required for medical reasons, provided that the patient's right to send sealed letters to his lawyer, his guardian, the district psychiatrist, the district psychiatric committee and the Attorney General, or to maintain other contact with them, shall not be restricted.
(f)A patient admitted to hospitalisation shall receive a form detailing his rights and obligations as well as a verbal explanation of its contents from the admitting physician; if the patient was not capable of understanding the contents of the form due to his medical condition, this shall be noted in writing in his medical file, and the contents of the form shall be explained to him as soon as his medical condition permits.
(g)A copy of the patient rights and obligations form shall be displayed in every psychiatric ward in a prominent place.
(h)A patient who is hospitalised voluntarily shall not receive medical treatment, other than emergency treatment, except with his consent; if a voluntarily hospitalised patient refuses to receive medical treatment as prescribed for him by the director, the director may discharge him.
(i)A patient who has been compulsorily hospitalised or in respect of whom an outpatient treatment direction has been given shall receive treatment in accordance with his medical condition even against his objection; special treatments specified in Regulations shall be given only in accordance with the provisions to be prescribed therein.
(j)A patient shall be involved, to the extent possible, in his treatment plan.
(k)A patient is entitled to receive medical information in connection with his condition; the information shall be given to him at the discretion of the physician.
Employment of a patient§
36.
The Minister may prescribe by Regulations provisions regarding the employment of a patient in occupations connected with an occupational therapy programme or a rehabilitation programme; the employment of a patient as aforesaid does not create an employer-employee relationship between the patient and the employer.
Assets of the patient§
37.
The hospitalisation of a patient does not affect his right to continue to manage his assets, unless the director has determined in writing that the patient is not capable of attending to his affairs; a patient may appeal against a determination of the director before the psychiatric committee.
Reporting by the district psychiatrist§
38.
The district psychiatrist shall notify the Attorney General and the duty chairperson of the district psychiatric committee of the giving of a hospitalisation direction and of an outpatient treatment direction, as well as of the issuing of a hospitalisation Order and an outpatient treatment Order.
Reporting by a director and a clinic director§
39.
(a)A director shall notify the Head of Mental Health Services of the admission of a patient to the hospital; such notice shall state, inter alia, whether the patient is unable to attend to his affairs and whether he has a guardian; the director shall likewise give notice of the discharge of the patient from hospital, of his transfer to another hospital or of his death.
(b)A clinic director shall notify the Head of Mental Health Services of the admission of a patient to compulsory outpatient treatment, of his discharge or of his death.
Urgent action by the General Guardian§
40.
(a)If the Head of Mental Health Services receives information regarding a patient who is unable to manage his affairs and has no guardian, to the effect that there is a need to carry out in respect of his assets a legal act that brooks no delay, he shall notify the General Guardian thereof, and shall likewise notify him whenever the need to carry out such a legal act has ceased.
(b)If the General Guardian has received notice as referred to in the first part of subsection (a), he may, if he considers it necessary, carry out in respect of the patient's assets any legal act that brooks no delay, including the collection of assets and the fulfilment of financial obligations, and the provisions of section 72 of the Legal Capacity and Guardianship Law, 5722-1962, shall apply, with the necessary modifications, in respect of hearing the views of the patient's relatives.
(c)The role of the General Guardian shall terminate upon any of the following:
(1)upon receipt of notice pursuant to the latter part of subsection (a);
(2)upon the appointment of a guardian for the patient;
(3)upon the court's determination that there is no longer any need for the General Guardian to fulfil his role; the provisions of section 63 of the Legal Capacity and Guardianship Law, 5722-1962, shall apply, with the necessary modifications as the case may require, to the termination of the role of the General Guardian;
(4)upon the death of the patient.
41.§
(Repealed — תשנ״ה)
Confidentiality§
42.
(a)A person who has received information about another person in the course of implementing this Law or in connection with its implementation shall keep it confidential and shall not disclose it except in one of the following circumstances:
(1)the person to whom the information relates has knowingly consented in writing to its disclosure, and for as long as that person has not revoked such consent in writing;
(2)disclosure of the information is required, in the opinion of the treating physician, for the purpose of treating that person or for the purpose of implementing this Law and the Regulations made thereunder;
(3)there exists a duty or authority under law to disclose the information;
(4)the person has been authorised to do so by a court;
(5)the person is required to disclose the information, in the framework of conducting an investigation, to a person authorised to conduct an investigation into the commission of offences, or to disclose the information, for the purpose of preventing offences, to a police officer of the rank of Deputy Commissioner or above, or to a person authorised by the Minister of Justice to receive information under this section; disclosure of information as referred to in this paragraph requires the consent of the Head of Mental Health Services or a person authorised by him for that purpose, or the consent of a director or district psychiatrist, all as the case may be.
(a1)Notwithstanding the provisions of subsection (a), a court may, if it is of the opinion that this is required for the protection of public safety or the safety of a defendant or detainee, or if it finds justification for doing so in the circumstances of the matter, permit the publication of identifying details of a defendant or detainee who has escaped from a hospitalisation framework in which the defendant or detainee is held pursuant to a hospitalisation order or a hospitalisation order for the purpose of examination and observation issued under sections 15 or 16, including an escape during a period of leave granted to the defendant or detainee under sections 28 or 28c; where the defendant or detainee is represented by a defence counsel, notice of an application submitted to the court in such a matter shall be given to the defence counsel, to the extent possible in the circumstances of the matter.
(b)Nothing in this section shall prohibit a physician from providing information about the condition of a patient to the patient, the patient's guardian or a relative, at the physician's discretion.
Disclosure of Information for Research Purposes§
43.
Notwithstanding the provisions of section 42, information may be disclosed for the purposes of research or planning of medical services, in accordance with rules to be prescribed by the Minister in Regulations, with the approval of the Health Committee of the Knesset; a person who has received such information shall not publish in any manner particulars that could identify a patient.
Offences and Penalties§
44.
(a)A physician who issues a certificate stating that a person is a patient while knowing that the person is not a patient, or without having done what was necessary to ascertain whether the person is a patient or not, is liable to imprisonment of five years.
(b)A person who knowingly caused the hospitalisation of a person in a hospital without necessity or unlawfully is liable to imprisonment of five years.
(c)A person who uses means of coercion in a hospital or clinic against a patient otherwise than in accordance with the provisions of this Law is liable to imprisonment of three years.
(d)A person who did an act or refrained from doing an act in order to deprive a person of a right granted to that person under this Law or in order to impede the exercise thereof, as well as a person who commits an offence against the provisions of this Law for which no other penalty is prescribed, is liable to imprisonment of one year.
Patient Arrested under the Military Justice Law or Brought to Trial before a Military Court§
45.
The provisions of this Law shall apply, with the necessary modifications, to a patient who has been arrested under the Military Justice Law, 5715-1955, or who has been brought to trial before a military court or who has been charged in preliminary investigation proceedings under that Law, and every place in this Law where reference is made to a court – including a military court or an examining judge therein; for this purpose –
(1)in section 19 – as if reference were made to an appeal under section 240(d) of the Military Justice Law, 5715-1955;
(2)in sections 21, 21a(a), 28b(a) and 28e – as if instead of "Attorney General" it read "Chief Military Advocate";
(3)in section 28(d) – as if instead of "the District Attorney" it read "the Chief Military Advocate", instead of "public" it read "military" and instead of "the Minister of Internal Security" it read "the Minister of Defence";
(4)in section 35(e) – as if after "to the district psychiatric committee" it read "to the Chief Military Advocate";
(5)in section 38 – as if after "to the Attorney General" it read "to the Chief Military Advocate".
(6)in the Schedule to the Law – as if instead of "District Attorney" it read "the Chief Military Advocate".
Implementation and Regulations§
46.
The Minister is responsible for the implementation of this Law and may make Regulations in respect of anything relating to its implementation, including with regard to the submission of reports on the treatment of patients in hospitals and clinics, the prescribing of forms and their content, and the manner of reporting and its particulars under sections 38 to 40.
Repeal§
47.
The Mental Health Treatment Law, 5715-1955 – is repealed.
Amendment of the Prisons Ordinance§
48.
In place of section 15 of the Prisons Ordinance [New Version], 5732-1971, the following shall come:
"Prisoner who is a mental patient
15. (a) In this section –
'Mental Health Treatment Law' – the Mental Health Treatment Law, 5751-1991;
'prisoner' – excluding a person received into prison pursuant to a detention order;
'patient', 'district psychiatrist', 'psychiatric examination', 'hospital', 'Head of Mental Health Services' and 'director' – as defined in the Mental Health Treatment Law;
'head of the psychiatric wing' – the head of the psychiatric wing in a prison.
(b)Where a concern arises that a prisoner is a patient, the head of the psychiatric wing may order that the prisoner be transferred to that wing in order to be examined by way of psychiatric examination for the purpose of determining whether the prisoner is a patient.
(c)Where the head of the psychiatric wing finds that the psychiatric examination cannot be carried out except under hospitalisation conditions, the head of the psychiatric wing shall notify the Commissioner and the district psychiatrist thereof, and the prisoner shall be hospitalised in the psychiatric wing for the purpose of an examination by observation.
(d)The Commissioner may, on the recommendation of the head of the psychiatric wing and with the approval of the district psychiatrist, order the transfer of a prisoner to a hospital for the purpose of carrying out a psychiatric examination, including an examination by observation.
(e)Where the district psychiatrist is satisfied, on the basis of a psychiatric examination, that a prisoner fulfils the conditions justifying hospitalisation as referred to in the Mental Health Treatment Law, the district psychiatrist may issue a hospitalisation order as defined in section 9 of that Law.
(f)Where a hospitalisation order has been given as referred to in subsection (e), the Commissioner shall decide whether the prisoner is to be hospitalised in the psychiatric wing of the prison or in a hospital designated by the district psychiatrist; where the district psychiatrist objects to the hospitalisation of a prisoner in a hospital as decided by the Commissioner, the Head of Mental Health Services shall determine the matter.
(g)An order for the examination or hospitalisation of a prisoner under this section shall be regarded, for all purposes and subject to the provisions of this section, as an order for compulsory examination or compulsory hospitalisation as defined in the Mental Health Treatment Law.
(h)As long as the prisoner is held in a hospital and the prisoner's term of imprisonment has not yet ended, the prisoner shall be regarded as being in lawful custody.
(i)A prisoner who has been transferred to a hospital for the purpose of an examination by observation or for the purpose of hospitalisation under this section shall be returned to prison, if the prisoner is still required to be detained therein, upon written notice from the director to the Commissioner that there is no longer a need for the prisoner to be held in a hospital.
(j)Where the head of the psychiatric wing has determined that there is no longer a need for the prisoner to be held in the psychiatric wing, the head of the psychiatric wing shall notify the Commissioner and the district psychiatrist thereof, and the Commissioner shall order the transfer of the prisoner to a prison to be designated."
Commencement§
49.
This Law shall commence ninety days from the date of its publication.
Publication§
50.
This Law shall be published within 30 days of the date of its adoption.
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