Zmiany w art. 30 ustawy o zawodach lekarza i lekarza dentysty i ich systemowe konsekwencje
Amendments to Art. 30 of the Act on the Professions of Physician and Dentist and Their Systematic Consequences

Summary/Abstract: The fundamental duty of a doctor, which is the essence of this profession, is to help sick and suffering people. Therefore, this duty is clearly emphasized both in ethical-deontological and legal acts. The regulations define the scope of this obligation and the cases of permitted withdrawal from treatment. In Polish law, this issue is regulated primarily in art. 30 of the Act of 5 December 1996 on the Professions of Physician and Dentist. In its original wording, medical assistance was required not only in the event of a threat to life or serious health hazard but also in the so-called “urgent cases” that were interpreted quite broadly. Therefore, a doctor was obliged to provide assistance when a patient needed it ad hoc, when its postponement could deteriorate his or her health, prolong therapy, etc. However, the amendment, which came into force on 8 August 2020, changed this regulation. The section on urgent cases was deleted. The author discusses the rationale for this change and its systemic consequences. He also presents their justification. The consequence of this move is the narrowing of the obligation to provide help and de facto equating doctors in this respect with other people who do not have medical training. As a result, doctors may now refuse to provide health care more often (the premises described in art. 38 and art. 39 of the Act are modified accordingly). The amendment of the Act also resulted in the reduction of the legal protection of doctors that they are entitled to as public officers (under art. 44 of the Act). Therefore, the author has also presented this issue.

• Details
• Contents