REKLAMA LEKARZY PO ZMIANACH KODEKSU ETYKI LEKARSKIEJ Z 2024 ROKU Z PERSPEKTYWY PRAWA UNII EUROPEJSKIEJ
ADVERTISING BY DOCTORS FOLLOWING THE 2024 AMENDMENTS TO THE CODE OF MEDICAL ETHICS FROM THE PERSPECTIVE OF EUROPEAN UNION LAW

Summary/Abstract: The research objective of this article is to assess whether the national regulations on advertising bydoctors currently in force comply with the requirements of EU law. The authors hypothesize thatthe regulations effective from 1 January 2025, introduced by the resolution no. 5 of the Extraordi-nary XVI National Congress of Doctors dated 18 May 2024, are not in compliance with EU law re-quirements. The conducted analysis conducted leads to the conclusion that there still exists a pro-hibition on the advertising of medical services, which is inconsistent with Directive 2000/31/ECand Article 56 of the Treaty on the Functioning of the European Union. Consequently, the pre-vailing regulations in Poland contained within the Act on Medical Activity and the Code of Medi-cal Ethics should be amended. It would be appropriate to introduce the possibility for doctorsto use commercial information, while simultaneously defining its form, scope, and content. Anyintroduced restrictions should be aimed at ensuring compliance with the principles of practis-ing medicine, particularly concerning independence, dignity, and the prestige of the profession,professional confidentiality, and integrity towards patients and other medical professionals.Moreover, the changes introduced must be proportionate, justified by a superior public interest,and non-discriminatory. These requirements correspond to the necessity of observing proceduralrules. The procedure for implementing EU law requires conducting an objective and independentassessment of new regulations and consultations to ensure their compliance with the principles of proportionality, justification, and non-discriminatory nature.

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