ISRAEL. Criminal Law Amendment (Interruption of
Pregnancy)
Law, 1977, of
Definitions.
1. In
this Law--
“recognized medical
institution”
means an institution or clinic recognized by the Minister of Health as
a
medical institution for the purposes of this Law and notice of whose
recognition
as aforesaid has been published in Reshumot;
“gynaecologist” means a
qualified
medical practitioner holding the title of specialist in obstetrics and
gynaecology
conferred on him under the Medical Practitioners Ordinance (New
Version),
5737-1976 (hereinafter referred to as “the Ordinance”) or a qualified
medical
practitioner undergoing specialized training at a recognized medical
institution,
for the purpose of obtaining that title, under the supervision of a
medical
practitioner holding the said title.
Prohibition of
interruption
of pregnancy.
2. A
person who knowingly interrupts a woman’s pregnancy, either by medical
treatment
or in any other manner, shall be liable to imprisonment for a term of
five
years or a fine of fifty thousand pounds.
Approved interruption of
pregnancy.
3. A
gynaecologist shall not bear criminal responsibility for interrupting a
woman’s
pregnancy if (1) it is performed at a recognized medical institution
and
(2) approval under section 5 has been given in advance.
Committee.
4. Approval
for the purpose of section 3 shall be by a committee of three. Its members shall, in the case of a recognized
medical
institution which is a hospital registered under section 25 of the
Public
Health Ordinance, 1940, be designated by the manager of the
institution,
and in the case of another recognized medical institution, by the
Minister
of Health or a person empowered by him in that behalf.
The committee shall
consist
of:
(1) a
qualified medical practitioner holding the title of specialist in
obstetrics
and gynaecology under the Ordinance;
(2) another
qualified medical practitioner practising obstetrics and gynaecology,
internal
medicine, psychiatry, family medicine or public health;
(3) a
person registered as a social worker under the Welfare Services Law,
5718-1958.
Approval.
5. (a)
The
committee may, after obtaining the woman’s informed consent, approve
the
interruption of pregnancy if it considers it justified on one of the
following
grounds:
(1) the
woman is under marriage age or has completed her fortieth year;
(2) the
pregnancy is due to relations prohibited by the criminal law or
incestuous
relations, or extramarital relations;
(3) the
child is likely to have a physical or mental defect;
(4) continuance
of the pregnancy is likely to endanger the woman’s life or cause her
physical
or mental harm;
(5) [repealed].
(b) For
the purposes of this section, a woman’s informed consent means her
written
consent to the interruption of her pregnancy after the physical and
mental
risks involved in the interruption have been explainted to her; for
this
purpose, the consent of a minor does not require the approval of her
representative.
(c) The
committee shall not refuse its approval before the woman has been given
an
opportunity to appear before it and state her reasons to it.
(d) The
approval shall be in writing and shall set out the ground justifying
the
interruption of the pregnancy.
Interruption of pregnancy
in
special cases.
6. A
qualified medical practitioner shall not bear criminal responsibility
for
interrupting a woman’s pregnancy in any of the following cases,
provided
that reasoned notification is made to the Director-General of the
Ministry
of Health, in writing, within five days after the act:
(1) it
is necessary to interrupt the pregnancy forthwith in order to save the
woman’s
life or to preserve her from grave irreparable harm;
(2) the
pregnancy is interrupted in the course of other medical treatment
performed
on the woman’s body, the practitioner did not know of the pregnancy
before
and its interruption is necessary for that treatment.
Objection for reasons of
conscience
or medical considerations.
7. Where
approval under this Law has been given, a gynaecologist shall not for
this
reason be required to interrupt the pregnancy if such is contrary to
his
conscience or medical judgment.
Inapplicability.
8. Section
18 of the Criminal Code Ordinance, 1936, shall not apply to an offence
under
this Law.
Restriction on criminal
responsibility.
9. A
woman upon whom an offence under this Law is committed shall not bear
criminal
responsibility in connection with that offence.
Repeal.
10. Sections
175 and 177 of the Criminal Code Ordinance, 1936, are hereby repealed.
Implementation and
regulations.
11. The
Minister of Health is charged with the implementation of this Law and
may,
in consultation with the Minister of Justice and the Public Services
Committee
of the Knesset, make regulations for its implementation, and, inter
alia,
regulations as to--
(1) conditions
for the approval of a medical institution as a recognized institution,
procedure
for the grant of such approval and the period of validity, renewal and
cancellation
thereof;
(2) procedure
for the grant of approval under section 5.
Commencement.
12. This
Law shall come into force one year after its publication in Reshumot,
but
the Minister of Health may prescribe by notice in Reshumot that it
shall
come into force at an earlier date.
Penal Law (Interruption
of
Pregnancy) Regulations, 5738-1977.
Abortion: Recognized
Medical
Institutions and Procedure for Approval for the Termination of
Pregnancy.
Chapter 1: Definitions
1. In
these regulations:
--”the Ordinance” means
the
Public Health Ordinance, 1940;
--”hospital” means a
registered
hospital--including a Government hospital--registered under Section 25
of
the Ordinance;
--”title of specialist”
means
a title of specialist approved under the Physicians (Certification of
the
Title of Specialist and Examinations) Regulations, 5733-1973;
--”social worker” means a
person
registered as a social worker under the Welfare Services Law, 5718-1958;
--”Committee” means the
Committee
under Section 315 of the Law;
--”District Medical
Officer”
has the meaning given in the Ordinance;
--”head of section” means
the
head of the hospitalization services of the Ministry of Health; and
--”the Minister” means the
Minister
of Health.
Chapter II: Recognized
Medical
Institution
2. The
condition for the approval of a hospital as a recognized medical
institution
is that it shall contain a Department of Gynaecology and Obstetrics, or
an
operating theatre.
3. The
conditions for the approval of a dispensary as a recognized medical
institution
are the following:
* * *
(2) Whilst
in operation, there shall be on duty at least one qualified medical
practitioner,
holding the title of specialist in Obstetrics and Gynaecology, one
medical
practitioner, holding the title of specialist in Anaesthesiology, and a
qualified
male or female nurse recognized by the Ministry of Health;
(3) Its
director shall be a qualified medical practitioner;
(4) A
medical file shall be kept of a woman whose pregnancy has been
interrrupted,
and it shall be preserved, together with the Committee’s approval, for
a
period of seven years after the last treatment given to her in the
dispensary.
4. In
the gynaecological operating theatre there shall be:
(1)
Four
complete curettage sets;
(2) A
vacuum curettage pump for the execution of the interruption of
pregnancy;
(3) Uterine
canulas for the performance of curettage and aspiration;
(4) A
gynaecological table;
(5) An
appropriate lighting device, to the satisfaction of the head of the
section;
(6) Anaesthesia
appliances, gas systems, accessories for anaesthesia;
(7) An
aspirator;
(8) A
resuscitation wagon;
(9) Equipment
for the infusion of liquids;
(10) Anti-D
serum; and
(11) Fluids
for the treatment of shock, [and] at least Hartmann and dextran
solutions.
5. The
approval of a dispensary as a recognized medical institution is only
for
the interruption of a pregnancy of not more than ten weeks.
6. (a)
The
application for the approval of a dispensary as a recognized medical
institution
shall be submitted in writing, as per form 1 in the Appendix, to the
head
of section, via the District Medical Officer, and attached thereto
shall
be:
(1) The
plan of the dispensary;
(2) The
names, addresses, and degrees of the dispensary personnel working
therein;
and
(3) The
list of the dispensary equipment.
(b) The
head of section shall be entitled to request from the owner or the
director
of the dispensary additional particulars required for the
implementation
of the Law and of these regulations.
(c) The
head of section shall examine the application and the dispensary, and
shall
transmit his recommendations in writing to the Minister.
7. The
approval of a dispensary as a recognized medical institution shall be
valid
for three years and it may be renewed for periods not exceeding three
years
at a time.
8. The
application for the renewal of an approval of a dispensary as a
recognized
medical institution shall be submitted in writing to the head of
section,
through the District Medical Officer, with an indication of the
particulars,
both existing and which may have been changed since the submission of
the
application for the approval of the dispensary as a recognized medical
institution,
or for the renewal of the approval, not later than two months before
the
expiry of the approval.
9. Should
the conditions detailed in regulations 3 and 4 change after the
submission
of the application referred to in regulation 6 during the period of
approval,
the owner of the dispensary shall report such changes to the head of
section
soon thereafter; should the owner of the dispensary not report as
stated,
the Minister shall be entitled not to renew the approval of the
dispensary.
10. (a)
In
case of a change of ownership of the dispensary, and, in the event of
the
ownership being in the hands of a corporate body, a change of more than
half
of the persons with voting rights therein, or in the case of change of
the
director of the dispensary, the approval of the clinic as a recognized
medical
institution shall lapse 30 days after the date of the change; should
there
be changes in the ownership, the District Medical Officer shall be
entitled
to postpone the date of the lapsing of the approval for an additional
30
days.
(b) The
Minister shall be entitled to cancel the approval of the dispensary as
a
recognized medical institution, if one of the following occurs:
(1) Activities
contrary to the Law, to these regulations or to the conditions of the
approval
have been carried out;
(2) According
to a report submitted to him by the head of section, one of the
conditions
detailed in regulations 3 and 4 is no longer being complied with;
(3) A
report required under regulation 9 was not submitted to the head of
section;
(4) The
head of section or a person empowered by him in writing was not
permitted
to inspect the dispensary; or
(5) Gross
negligence has been established in the treatment at the dispensary.
(c) The
Minister is entitled to cancel the approval of a hospital as a
recognized
medical institution if one of the following occurs:
(1) Activities
contrary to the Law or these regulations have been carried out;
(2) According
to a report submitted to him by the head of section, the condition set
forth
in regulation 2 is no longer being complied with;
(3) The
head of section or a person empowered by him in writing was not
permitted
to inspect the hospital; or
(4) Gross
negligence has been established in the treatment connected with the
interruption
of a pregnancy.
Chapter III: Approval for
Interruption
of Pregnancy
11. A
female secretary shall be appointed to each Committee by the person who
appointed
its members.
12. The
members of the Committee shall elect one of them as chairman of the
Committee.
13. (a)
The
applicant for the interruption of pregnancy (hereinafter referred to as
“the
applicant”) shall apply to the Committee secretary and shall deliver to
her
the results of the medical laboratory report, or a physician’s
certificate
determining that the applicant is pregnant, and, if in the opinion of
the
said physician, there are medical reasons for the interruption of the
pregnancy,
indicating such reasons.
(b) The
applicant shall fill out a questionnaire including particulars about
her
identity and state of health, in the text of form 2 of the Appendix, as
well
as any other particular the Committee may find necessary to request,
and
she shall sign same.
(c) After
receipt of the signed questionnaire, the secretary of the Committee
shall
refer the applicant to a qualified medical practitioner, referred to in
Section
315(1) of the Law and shall inform her of the possibility of talking
to,
and consulting with, a social worker.
(d) The
qualified medical practitioner referred to shall examine the applicant
to
determine the period of pregnancy, and shall explain to her the dangers
involved
in the interruption of the pregnancy and its possible consequences.
(e) Should
the applicant have applied to a social worker, the latter shall submit
a
written report to the Committee.
(f) If
the Committee approves the interruption of the pregnancy, the members
of
the Committee shall sign an approval in the text of form 4 in the
Appendix,
which shall be delivered to the applicant by the secretary.
(g) Should
the members of the Committee be of the opinion not to give the
applicant
a positive response, the secretary shall inform the applicant to appear
before
the Committee to submit her reasons for the application for the
interruption
of the pregnancy.
(h) Should
the Committee refuse to approve the interruption of pregnancy, it shall
so
state in writing, together with the reasons.
(i) Should
the secretary of the Committee realize that it will not be possible for
the
Committee to consider the application during a reasonable period of
time,
in order not to prejudice the possibilities of interrupting the
pregnancy,
she shall obtain an attestation to that effect from one of the
physician
members of the Committee, and shall refer the applicant, in writing to
another
Committee.
(j) The
Committee’s deliberations, and all the information it will receive
further
to the applicant’s requests, are secret and confidential, and are not
to
be revealed except if required for the purpose of implementing the Law
and
these regulations.
Chapter IV:
Miscellaneous
14. The
seat of the Committee shall be determined by the person having
authority
to appoint its members.
15. These
regulations shall be designated as the “Penal Law (Interruption of
Pregnancy)”,
5738-1978.