Patient Rights Law, 5756-1996
חוק זכויות החולה, תשנ"ו-1996
Published: 1996-05-12Consolidated Hebrew text as of 2025-04-06 · Last amended 2025-04-03✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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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
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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.
Chapter V: The Medical Record and Medical Information
Duty to Maintain a Medical Record§
17.
(a)A practitioner shall document the course of the medical treatment in a medical record; the medical record shall include, inter alia, identifying details of the patient and the practitioner and shall also include medical information concerning the medical treatment received by the patient, his medical history as reported by him, diagnosis of his current medical condition and treatment instructions; however, a personal memorandum of the practitioner does not form part of the medical record.
(b)The practitioner, and in a medical institution — the director of the institution, are responsible for the ongoing and up-to-date maintenance of the medical record and for its preservation in accordance with any law.
(c)Where a medical record has been delivered for safekeeping to the patient, this shall be documented by the practitioner or the medical institution.
The Patient's Right to Medical Information§
18.
(a)A patient is entitled to receive from the practitioner or from the medical institution medical information from the medical record, including a copy thereof, that relates to him.
(b)A member of the treating team may disclose to the patient medical information only within the scope of his field of practice and in coordination with the person responsible for the team.
(c)Notwithstanding the provisions of subsections (a) and (b), a practitioner may decide not to disclose to the patient full or partial medical information relating to him, if the information is likely to cause serious harm to the physical or mental health of the patient or to endanger his life; where the practitioner has decided that information as referred to in this subsection shall not be disclosed to the patient, he shall immediately notify the ethics committee of his decision and shall attach the information that was not disclosed to the patient and his reasons for not disclosing it.
(d)The ethics committee may confirm, revoke or modify the practitioner's decision.
(e)Before the ethics committee gives its decision, it may hear the patient or another person.
Maintenance of Medical Confidentiality§
19.
(a)A practitioner or an employee of a medical institution shall keep confidential all information concerning a patient that has reached them in the course of performing their duties or in the course of their work.
(b)A practitioner, and in a medical institution — the director of the institution, shall take the measures necessary to ensure that employees subject to their authority maintain the confidentiality of matters brought to their knowledge in the course of performing their duties or in the course of their work.
Disclosure of Medical Information to Another Person§
20.
(a)A practitioner or a medical institution may disclose medical information to another person in any of the following:
(1)the patient has given his consent to the disclosure of the medical information;
(2)a duty is imposed by law on the practitioner or on the medical institution to disclose the medical information;
(3)the disclosure of the medical information is to another practitioner for the purpose of treating the patient;
(3a)the disclosure of the medical information is for the purpose of identifying a body or part thereof or for the purpose of determining the cause of death, to one of the following: the National Centre for Forensic Medicine, including a person whose assistance the physician of the Centre enlists, or another practitioner authorised by law to perform any of the said acts; for this purpose, the disclosure of information for the purpose of identification or determination as aforesaid shall be regarded as disclosure of information for the purpose of treating the patient;
(4)the medical information was not disclosed to the patient under section 18(c) and the ethics committee has approved its disclosure to another person;
(5)the ethics committee has determined, after giving the patient an opportunity to be heard, that disclosure of the medical information about him is essential for the protection of the health of another person or of the public and that the need for its disclosure outweighs the interest in not disclosing it;
(6)the disclosure of the medical information is to the treating medical institution or to an employee of that medical institution for the purpose of processing, filing or reporting it in accordance with law;
(7)the disclosure of the medical information is intended for publication in a scientific journal, for purposes of research or instruction, in accordance with provisions prescribed by the Minister, provided that no identifying details of the patient have been disclosed.
(b)Disclosure of information as referred to in subsection (a) shall be made only to the extent required for the purpose of the matter, and while avoiding as far as possible the disclosure of the identity of the patient.
(c)A person who has received information under subsection (a) shall be subject to the provisions of section 19 and the provisions of this section, with the necessary modifications.
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Contact Us →Chapter VI: Committees
Section A: Review Committee
Review Committee§
21.
(a)In this Law, "review committee" — a committee established for the purpose of examining a complaint by a patient or his representative or for the purpose of examining an extraordinary incident relating to the provision of medical treatment, by any of the following:
(1)the director of a medical institution in respect of medical treatment provided within that institution;
(2)the director of a health fund in respect of medical treatment provided in an institution of the health fund;
(3)the Director General or a person authorised by him.
(b)The findings and conclusions of a review committee shall be disclosed to the person who appointed the committee and to the patient concerned, and the provisions of section 18 shall apply with the necessary modifications; the said findings and conclusions shall also be disclosed to the practitioner who may be adversely affected by the conclusions of the committee.
(c)The minutes of the proceedings of the review committee shall be disclosed only to the person who appointed the committee and to the Director General.
(d)A court may order the disclosure of the minutes to the patient, his representative or the practitioner, and also, notwithstanding the provisions of section 18(c), may order the disclosure of the findings and conclusions to the patient, if it finds that the need for their disclosure in the interests of justice outweighs the interest in not disclosing them; such an order may be given in the framework of proceedings conducted before the court or pursuant to an application to be submitted to a Magistrate's Court.
(e)Where the Director General has decided to initiate disciplinary proceedings under law or to file a complaint against a person on suspicion of a criminal act, he may order the disclosure of the minutes, for the purpose of conducting the investigation or the disciplinary proceedings, to the person authorised to do so, and also to the practitioner against whom the proceedings have been initiated or the complaint has been filed.
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Contact Us →Section B: Monitoring and Quality Committee
Monitoring and Quality Committee§
22.
(a)In this Law, "monitoring and quality committee" — one of the following:
(1)an internal committee of a medical institution established by the director of the institution for the purpose of evaluating medical activity and improving the quality of medical treatment;
(2)a committee established by the director of a health fund for the purpose of improving the quality of health services in the institutions of the health fund;
(3)a committee established by the Director General for the purpose of improving the quality of health services.
(b)The content of the deliberations held in the monitoring and quality committee, the minutes, all material prepared for the purpose of the deliberation and delivered to it, its summaries and conclusions, shall be confidential from every person including the patient concerned and shall not serve as evidence in any legal proceedings.
(c)Notwithstanding the provisions of subsection (b), the summaries and conclusions of the monitoring and quality committee shall be disclosed to the person who appointed the committee, and he may inspect the minutes of the deliberations of the monitoring and quality committee and all other material delivered to it.
(d)Where the person who appointed the committee finds that there is a prima facie ground for taking disciplinary measures under law against a practitioner, he shall notify the Director General accordingly.
(e)Factual findings determined by the monitoring and quality committee concerning the condition of a patient, the treatment provided to him and its outcomes, shall be documented in the medical record immediately upon the determination of the findings, if they had not been previously recorded, and shall form part of the medical record.
Objection§
23.
(a)Where the patient or his representative believes that factual findings have not been documented in the medical record as required under section 22(e), they may submit an objection to an ethics committee.
(b)Where an objection has been submitted to the ethics committee under subsection (a), the committee shall examine, notwithstanding the provisions of section 22(b), the minutes of the deliberation held in the monitoring and quality committee, the documents prepared for the purpose of the deliberation and delivered to it, its summaries, its conclusions and the medical records relating to the patient; where the ethics committee finds that factual findings have not been documented as required, it shall order their documentation in the medical record and shall notify the patient or his representative accordingly.
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Contact Us →Section C: Ethics Committees
Ethics Committees§
24.
(a)The Director General shall appoint ethics committees; each committee shall consist of six members and its composition shall be as follows:
(1)a person qualified to be appointed as a judge of a District Court, from a list drawn up by the Minister of Justice, who shall be the chairperson;
(2)two specialist physicians, each from a different field of specialisation;
(3)a psychologist or a social worker;
(4)a public representative or a member of the clergy;
(5)a registered nurse.
(b)Notwithstanding the provisions of subsection (a), in objections under section 23, the committee shall deliberate in a composition of three members, being the chairperson of the committee and the two specialist physicians.
(b1)Where the votes in the committee are evenly divided —
(1)in respect of an application under section 13(d) — the decision of the committee shall be deemed a decision not to approve the practitioner's refraining from disclosing information to the patient;
(2)in respect of an application under section 15(2) — the decision of the committee shall be deemed a decision not to approve the practitioner's providing the patient with treatment contrary to his wishes;
(3)in respect of an application under section 18 or section 20 — the vote of the chairperson shall be decisive.
(c)Where a case arises that requires an urgent decision by the ethics committee and it is not possible to convene it with the required urgency for any reason, the powers of the ethics committee shall be vested in the District Court.
(d)The Minister may make Regulations concerning the manner of appointment of members of the ethics committee, the term of its office and the rules of procedure of the committee.
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Contact Us →Chapter VII: Responsibility for the Observance of Patient Rights in a Medical Institution
Person Responsible for Patient Rights§
25.
The director of a medical institution shall appoint an employee who shall be responsible for patient rights, whose duties are —
(1)providing advice and assistance to the patient in connection with the exercise of his rights under this Law;
(2)receiving complaints from patients, examining them and dealing with them, including complaints in respect of the approval of a temporary decision-maker; complaints concerning the quality of medical treatment shall be referred for handling by the director of the medical institution;
(3)instructing and guiding members of the medical and administrative staff of the medical institution in all matters relating to the provisions of this Law.
Responsibility of the Director of a Medical Institution§
26.
The director of a medical institution shall ensure that the duties imposed on the medical institution under the provisions of this Law are fulfilled.
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Contact Us →Chapter VIII: Provisions Relating to the Security Forces
Provisions Relating to the Security Forces§
27.
(a)Without derogating from the provisions of section 30 concerning the application of the Law to the State, the provisions of this Law shall apply to the Israel Defence Forces, to the Israel Police and to the Israel Prison Service with the following adaptations:
(1)for the purposes of sections 7, 8, 10, 17 to 23, and 26, the Medical Corps of the Israel Defence Forces, the medical unit of the Israel Police and the medical department of the Israel Prison Service shall be regarded as a medical institution;
(2)the Chief Medical Officers of the Israel Defence Forces, of the Israel Police and of the Israel Prison Service shall be vested with the powers and duties of the director of a medical institution under this Law and also the power of the Director General to appoint ethics committees under section 24;
(3)in the army orders, within the meaning of the Military Justice Law, 5715-1955, in the orders of the Israel Police, within the meaning of the Police Ordinance [New Version], 5731-1971, and in the service orders, within the meaning of the Prison Ordinance [New Version], 5732-1971, it is possible to prescribe —
(a)provisions concerning the ways of obtaining a further opinion as referred to in section 7, by a patient in custody, provided that the right of every patient in custody to obtain a further opinion on his own initiative is preserved;
(b)provisions concerning the transfer of patients who are serving in the Israel Defence Forces or who are in custody, from one medical institution to another, provided that the transfer of patients shall not be permitted if the transfer is likely to impair the medical treatment;
(c)provisions concerning visits by visitors to patients in custody;
(d)provisions concerning the disclosure of medical information to a soldier, police officer or prison officer, if the information is required for the purpose of safeguarding the health of persons in custody.
(4)for the purposes of section 6a, in the army orders within the meaning of the Military Justice Law, 5715-1955, it is possible to prescribe provisions concerning the presence of a companion on behalf of a patient at the time of receiving medical treatment.
(b)Notwithstanding the provisions of subsection (a) and section 30, the provisions of section 6a shall not apply to the Israel Police or to the Israel Prison Service.
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Contact Us →Chapter IX: Miscellaneous
Penalties§
28.
(a)A practitioner or a medical institution that discriminates between patients on grounds of religion, race, sex, nationality, country of origin, sexual orientation or age, shall be liable to a fine as referred to in section 61(a)(3) of the Penal Law, 5737-1977.
(b)A person who breaches any of the duties set out in section 17 shall be liable to a fine as referred to in section 61(a)(2) of the Penal Law, 5737-1977; an offence under this subsection does not require proof of criminal intent or negligence.
Civil Wrong§
28a.
A breach of the provisions of section 4(a) of this Law shall also be regarded as a civil wrong under the Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law, 5761-2000.
Savings Provisions§
29.
Nothing in the provisions of this Law —
(1)shall derogate from the provisions of any law;
(2)shall exempt a patient from the duty to pay for receiving medical services.
Application to the State§
30.
This Law shall also apply to the State.
Amendment of the First Schedule§
31.
The Minister, with the approval of the Health Committee of the Knesset, may amend the First Schedule.
Implementation and Regulations§
32.
The Minister is responsible for the implementation of this Law and may make Regulations in respect of anything relating to its implementation, including—
(1)the means of transferring a patient to a suitable medical institution, as set out in sections 11 and 12;
(2)particulars to be recorded in a medical record;
(3)with the approval of the Health Committee of the Knesset — a maximum payment for the delivery of a copy of a medical record, of types thereof or parts thereof, or for inspection thereof or parts thereof;
(4)the means of conveying medical information intended for publication in a scientific journal, for research or teaching purposes;
(5)the means of keeping medical records, their management, their availability, the means of conveying medical information from the medical record, the preservation of the confidentiality of the information, the duration of their retention, access to medical records for the purposes of the health of others or of the public, as well as medical research or monitoring of treatment outcomes.
Amendment of the Physicians Ordinance – No. 4§
33.
In the Physicians Ordinance [New Version], 5737-1976, in section 41, at the end thereof the following shall be inserted:
"(7) contravened a provision of the Patient Rights Law, 5756-1996."
Amendment of the Dental Practitioners Ordinance – No. 3§
34.
In the Dental Practitioners Ordinance [New Version], 5739-1979, in section 45, at the end thereof the following shall be inserted:
"(7) contravened a provision of the Patient Rights Law, 5756-1996."
Amendment of the Psychologists Law – No. 2§
35.
In the Psychologists Law, 5737-1977, in section 33, at the end thereof the following shall be inserted:
"(6) contravened a provision of the Patient Rights Law, 5756-1996."
Commencement§
36.
This Law shall commence upon the expiry of three months from the date of its publication.
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