חוק זכויות החולה (תיקון מס' 16), התשפ"ד-2024Patient Rights Law (Amendment No. 16), 2024 · automatic translation · suggest a correction

Official summary of the law (Knesset)

It was determined that when a specialist physician believes that an adult patient requires urgent medical treatment, and the patient is unable to give informed consent to the treatment, and there is no valid enduring power of attorney and no guardian for medical matters has been appointed, a social worker at the medical institution, with the approval of the institution's director or someone authorized by them, may approve an adult to serve as a temporary decision-maker for the patient. The temporary decision-maker may, for a period of six months, make decisions regarding the performance of the urgent treatment on the patient as well as decisions regarding additional medical treatments that may be required. The selection of the temporary decision-maker will be made according to order of closeness: spouse, adult child, parent, siblings, or agreement among family members according to the rules set out in the Law, and another person may also be chosen - if the patient expressed a wish that that person serve as their power of attorney or be appointed as their guardian, until the power of attorney or guardian appointment takes effect. In addition, principles and methods of operation were established for the temporary decision-maker, including, among others, preserving the patient's privacy and respecting their wishes, as well as the conditions for approaching them to obtain their consent. If it becomes known that there is an intention to apply to the court for the appointment of a guardian or for instructions regarding the specific medical treatment, the possibility of appointing a temporary decision-maker, or if one has already been appointed, their authority to act for the patient and give consent, will be suspended for 24 hours. If it becomes known that a request for instructions regarding the specific treatment has been filed, they will act according to the court's determination, and if it becomes known that a request for the appointment of a guardian has been filed, or a decision has been given to appoint a guardian or for the power of attorney to take effect, the approval given to the temporary decision-maker will expire. It was determined that the social worker will document in the medical record the approval given and notices affecting its validity. It was determined that until 17 January 2027, or the date set in an order of the Minister of Health, whichever is earlier, the possibility of appointing a temporary decision-maker will be available only to a social worker in a hospital, and afterward it will also be possible for a social worker at a health fund to make such an appointment - but even during this period, once a temporary decision-maker has been appointed by a hospital social worker, they will be able to make decisions regarding treatment even if it is given at the health fund. In addition, a reporting obligation to the committee was established for 17 January 2024, regarding the effects of the Law and the approvals given in hospitals.

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