Professional bodies in the Ministry of Health drafted the bill in a way that balances reporting with maintaining medical confidentiality. The need to regulate this issue arose, in part, according to the recommendations of various inter-ministerial committees that examined possible responses to domestic violence and violence between partners.
The Ministerial Committee on Legislation approved today the proposal by Minister of Health, Mr. Haim Katz, for a legal amendment intended to allow health system professionals to share vital medical information in cases where there is a real concern of future harm to the patient himself or to another person.
According to the proposed amendment, essential medical information required to prevent future harm may be disclosed to the police and to social services departments, and, if necessary, also to governmental bodies responsible for preventing domestic violence, including the Inter-Ministerial Committee for the Examination of Family Murder Cases.
The purpose of the proposed legal amendment is to grant healthcare providers the authority to disclose information to these bodies in an attempt to prevent or reduce the likelihood of violent acts. This is to be done while exercising professional judgment and balancing the value of privacy against the value of protecting life and physical integrity in situations where disclosure is currently impossible or doubtful due to the obligation of medical confidentiality.
The proposal for the legal amendment arose following various situations where therapists and medical professionals are exposed to information indicating a future danger posed by the patient to themselves or their surroundings, but are prevented from reporting it due to the duty of medical secrecy stipulated in the Patient’s Rights Law. Although a reporting obligation currently exists under the Penal Law, it is limited to cases where an offense has already occurred and only applies to minors or helpless persons, and therefore does not provide a sufficient solution for situations of future risk.
Professional bodies drafted the bill in a way that balances reporting with medical confidentiality, with the need to regulate the issue arising partly from the recommendations of various inter-ministerial committees that examined possible treatment for domestic violence and violence between partners.
Minister of Health, Haim Katz: “The amendment we are advancing gives health system personnel the tools to act in real time when they identify a genuine danger to the environment and to assist in eradicating the phenomenon of domestic violence. At the same time, we maintain balance—sharing information only when necessary, and upholding privacy and medical confidentiality. This is a step that strengthens public safety without compromising the fundamental rights of any individual.”