Patient laws card

Patient's right to health benefits

Article 6

1.Patient has the right to health benefits suited to the requirements of medical knowledge.

 

2.Patient has the right, in a situation of limited possibility of providing adequate health care to a transparent, objective, based on medical criteria procedure for access to these benefits.

 

3.The patient has the right to request that providing health benefits:

1)Physician to consult another physician or call a medical consultation

2)Nurse (midwife) to consult another nurse (midwife)

 

4.Your doctor may refuse to convene the medical council or consult another doctor if he considers that the request referred to in paragraph 3 was unfounded.

 

5.The request referred to in paragraph 3 and the refusal referred to in paragraph 4 shall be recorded in medical records.

 

6.Rules of paragraph 4 and 5 shall apply to the nurse (midwife) for seeking the opinion of another nurse (midwife).

 

Article 7

1.Patient has the right to be provided with immediate health benefits because of the health or life threat.

 

2.In the case of childbirth, patient is entitled to receive health benefits.

 

Article 8

Patient has the right to receive health benefits with adequate carefulness by subjects giving health benefits in terms suiting specific professional and sanitary requirements specified within other regulations. When providing health services, practitioners are guided by the principles of medical ethics laid down by the competent local health professionals.

 

Right to receive information

 

Article 9

1.Patient has the right to receive information about his/her health condition.

 

2.Patient, including a minor, who is over 16 years old or his legal representative shall be entitled to obtain from the physician a reasonable information about the health of the patient, diagnosis, proposed and possible methods of diagnosis and treatment, the foreseeable consequences of their application or omission, the outcome of treatment and prognosis .

 

3.The patient or his legal representative has the right to agree to provide the information referred to in paragraph 2 to other people.

 

4.The patient has the right to demand that the doctor do not give him the information referred to in paragraph 2.

 

5.After receiving the information referred to in paragraph 2, the patient has the right to show the doctor his/her opinion in this regard.

 

6.In the case referred to in Article 31 paragraph 4 of the Act of December 5, 1996 on physician and dentist (Acts. Laws of 2008 No 136, item. 857), the patient has the right to demand that the doctor gave him the information referred to in paragraph 2 correctly.

 

7.Minor patient, who has not turned 16 years old, has the right to obtain medical information referred to in paragraph 2 to the extent and as required for proper conduct of the diagnostic or therapeutic process.

 

8.Patient, including a minor, who is over 16 years old, or his legal representative shall be entitled to obtain from the nurse, midwife accessible information on the care and nursing procedures.

 

Article 10

In the case referred to in art. 38 sec. 1 of the Act of December 5, 1996 on physician and dentist, the patient, his legal representative or guardian have the right to effective early enough information about the doctor's intention to withdraw from the treatment of the patient and the doctor to indicate the possibility of obtaining health benefits from another doctor or  health services grantor.

 

Article 11

1.Patient has the right to receive information about patients' rights set out in this Act and in separate provisions, taking into account the limitations of the rights set out in these rules. The entity providing health care services provides this information in writing, by placing it in its place, at the communal.

 

2.The provision of the second sentence of paragraph 1 shall not apply to the exercise only at the request of individual medical practices, individual specialized medical practices, individual practice midwife nurses and specialist practice of individual midwife nurses.

 

3.If the patient is not capable of moving, the information referred to in paragraph 1 shall be made available so as to get acquainted with it in the room where the patient resides.

 

Article 12

Patient has the right to be informed about the nature and extent of health services provided by the entity providing health care services, including preventive health programs, publicly funded, implemented by the entity. Articles 11 Paragraph 1, second sentence and paragraph 3 shall apply accordingly.

 

Patient's right to confidentiality of information related to him

 

Article 13

Patient has the right to secret being kept by those medical professionals, including granting him health benefits, related information, and information obtained in connection with the exercise of the medical profession.

 

Article 14

1.In order to exercise the right referred to in art. 13, those medical professionals are required to maintain the confidentiality of information related to the patient, especially with the state of health of the patient.

 

2.The provision of paragraph. 1 shall not apply where:

1)such separate rules state;

2)secrecy may be a danger to the life or health of the patient or others;

3)patient or his legal representative agrees to the disclosure of confidential information;

4)there is a need to pass the necessary information about the patient associated with providing health care services to other persons performing medical profession, involved in providing these services.

 

3.Those medical professionals, providing health care services, with the exception of the cases referred to in paragraph 2, points 1-3, are related to the mystery of the death of the patient.

 

Patient's right to consent to provide health benefits

 

Article 15

The provisions of this chapter shall apply to agree to provide health benefits or refuse such consent, unless the provisions of separate laws provide otherwise.

 

Article 16

Patient has the right to agree to provide certain health benefits or refuse such consent, after being informed to the extent specified in the article 9.

 

Article 17

1.Patient, including a minor, who is over 16 years old, has the right to consent to conduct research or provide other health care services by a physician.

 

2.Legal representative of a minor patient, totally incompetent or incapable of informed consent, has the right to consent referred to in paragraph 1. In the absence of legal representative, in relation to research, agreement can be performed by a real keeper.

 

3.Minor patient, who is over 16 years old, a person incapacitated or mentally ill or patient mentally disabled, but with a sufficient knowledge,  has the right to object to the granting of health benefits, despite the consent of the legal representative or guardian facts. In this case, guardianship court authorization is required.

 

4.Consent and objection referred to in paragraph. 1-3, can be expressed verbally or by such conduct of the persons mentioned in these regulations, which clearly indicates the intention to undergo operations proposed by the doctor or the lack of such will.

 

Article 18

1.In the case of surgery or the use of methods of treatment or diagnosis posing an increased risk to the patient, the consent referred to in article 17, paragraph 1, is expressed in writing. Of consent or objection apply article 17, paragraphs 2 and 3.

2.Before agreeing in the manner specified in paragraph 1, patient has the right to obtain the information referred to in article 9, paragraph 2.

3.Article 17 paragraphs 2-4 shall apply accordingly.

 

Article 19

Rules of examination or provision of other health care services by a physician despite the absence of consent or objection to the application are referred to in articles 17 and 18, based on article 33 and article 34, paragraph 6 of the Act of 5 December 1996 on the professions of physician and dentist.

 

The right to respect for privacy and dignity of patients

 

Article 20

1.The patient has the right to respect for privacy and dignity, in particular at the time of granting him health benefits.

 

2.The right to dignity includes the right to die in peace and dignity. The patient in a terminal state has the right to be provided with health services providing pain relief and other suffering.

 

Article 21

1.When providing health care services close person may be present.

 

2.The person performing the medical profession providing health benefits to the patient may deny the presence of a close relative when granting health services, where there is the likelihood of the epidemic risk or for the safety of the patient's health. Refusal will be recorded in the medical records.

 

Article 22

1.In order to exercise the right referred to in article 20, paragraph 1, the person performing the medical profession has a duty to act in a manner that respects the privacy and dignity of the patient.

 

2.Medical practitioners, other than those providing health care services, participate in granting such benefits only if it is necessary due to the nature of the benefit. Participation, as well as the presence of other people requires the consent of the patient, and in the case of a minor patient, totally incompetent or incapable of informed consent, his legal representative, and the person performing the medical profession, providing health benefits.

 

Patient's right to medical records

 

Article 23

1.Patient has the right to access medical records concerning his/her state of health and medical services provided to him.

 

2.The data contained in medical records are protected as defined in this act and separate regulations.

 

Article 24

1.In order to exercise the right referred to in article 23, paragraph 1, an entity providing health services shall keep, store and share medical records in the manner prescribed in this chapter and to protect the data contained in document.

 

2.Doctors, nurses and midwives are entitled to receive and process the data contained in the medical records referred to in article 25.

 

Article 25

Medical documentation shall include at least the following:

1)the patient for establishing his identity:

a)surname and first name (s),

b)date of birth,

c)an indication of gender,

d)the address of the place of residence,

e)Social Security number, if issued, in the case of infant - mother's Social Security number, and for people who do not have a Social Security number given - the type and number of identity document,

f)if the patient is a minor, completely incapacitated or incapable of informed consent - surname and first name (s) of the legal representative and the address of his place of residence;

 

2)identification of the entity providing health care services with an indication of the organizational unit in which the health care provider;

 

3)a description of the patient's health status or health benefits granted;

 

4)date of preparation.

 

Article 26

1.The entity providing health care services provides patient medical records to his legal representative, or a person authorized by the patient.

 

2.After patient’s death, the right to access the medical records has the person authorized within patient’s life.

 

3.The entity providing health care services also provides medical documentation to:

1) providers of health care services, if the documentation is necessary to ensure continuity of health care services;

2)public authorities, the National Health Fund, local authorities and the health professions national and regional consultants, to the extent necessary for the performance of their duties, control and surveillance in particular;

3)the minister competent for health matters, the courts, including courts and disciplinary action, prosecution, courts and ombudsmen physicians professional liability in connection with legal proceedings;

4)authorized under separate legislation bodies and institutions where the study was conducted at their request;

5)disability bodies and teams for the adjudication of disability, in connection with legal proceedings by them;

6)operators of medical records, to the extent necessary to keep records;

7)insurance, with the consent of the patient;

8)doctor, nurse or midwife, in the course of the evaluation procedure entity providing health care services under the laws of accreditation in health care, to the extent necessary to carry it out.

 

4.Medical records can be made available to the institution of higher education or research and development unit to be used for scientific purposes, without disclosing the names and other personally identifiable information which the records concern.

 

Article 27

Medical documentation is available:

1)for inspection at the registered office of the entity providing health care services;

2)through the preparation of the extracts, duplicates or copies;

3)through an original edition of receipt and subject to refund after use, if authorized entity requires access to the original documents.

 

Article 28

1.The entity providing health care services may charge a fee for providing medical documentation as specified in article 27, paragraph 2.

 

2.The provision of section. 1 does not affect the powers of the pension referred to in article 77, paragraph 5 of the Act of 13 October 1998, the Social Security System (Journal of Laws of 2007 No 11, item. 74, as amended. Amended1) and art. Paragraph 121. 2 of the Act of 17 December 1998 on pensions from the Social Insurance Fund (Journal of Laws of 2004 No 39, item. 353, as amended. 2).

 

3.Fees for access to medical records in the manner set out in article. 27, paragraph 2 sets entity providing health care services.

 

4.The maximum fee for:

1)one page of the statement or a copy of medical records - should not exceed 0.002 of the average wage in the previous quarter, starting from the first day of the month following the announcement by the President of the Central Statistical Office in the Official Journal of the Polish "Monitor Polski" under Article. 20 paragraph 2 of the Act of 17 December 1998 on pensions from the Social Insurance Fund;

2)one copied page of medical records - should not exceed 0.0002 of the average wage referred to in paragraph 1;

3)draw up a statement, a copy or copies of medical records to an electronic storage media, if it carries the medical records in electronic form - should not exceed .002 average salary referred to in paragraph 1

 

Art. 29

1.The entity providing health care services keeps medical records for a period of 20 years from the end of the calendar year in which the last entry, except:

1)medical records of the patient in cases of death due to injury or poisoning, which is kept for a period of 30 years from the end of the calendar year in which the death occurred;

2)X-rays stored outside of the patient's medical records, which are kept for a period of 10 years from the end of the calendar year in which the image was taken;

3)referrals for research or medical orders that are stored for a period of five years from the end of the calendar year in which the contract provision at issue a referral or order;

4)medical records of children before age of 2, which are stored for a period of 22 years.

 

2.After the expiration of the periods referred to in paragraph 1, entity providing health services destroys medical records in a manner that prevents the identification of the patient, which was the subject.

 

Article 30

1.The minister responsible for health, in consultation with the Supreme Medical Council, the Supreme Council of Nurses and Midwives Council and the National Laboratory Diagnosticians, determine, by regulation, the types and extent of medical records and the way it is processed, having regard to the providers of medical services and the need to ensure that the right of access to medical records, the sound and the protection of data and information on the health status of the patient.

 

2.Minister responsible for internal affairs, Minister of Justice, in consultation with the minister responsible for health matters and in consultation with the Supreme Medical Council, the Supreme Council of Nurses and Midwives Council and the National Laboratory Diagnosticians, and the Minister of National Defence, in consultation with the minister responsible for health, after consultation with the medical Council of Military medical Association, each of its operations, shall determine, by regulation, the types and extent of medical records and the way it is processed, taking into account the need to ensure the right of access to medical records, its conduct and reliable data protection and information health of the patient.

Patient's right to object to the opinion or decision of a doctor

 

Article 31

1.The patient or his legal representative may object to the opinion or judgment referred to in article 2, paragraph 1 of the Act of 5 December 1996 on the professions of doctor and dentist, if the opinion or ruling has an impact on the patient's rights or obligations under the law.

 

2.The objection shall be submitted to the Medical Commission working at Patient Ombudsman, through the Patient Ombudsman, within 30 days from the date of the opinion or judgment of the physician panel on the state of health of the patient.

 

3.Objections must be justified, including an indication of a rule of law, from which the rights and obligations are referred to in paragraph 1.

 

4.In the case of non-compliance with the requirements of paragraph. 3 opposition is returned to the person who filed it.

 

5.Medical Commission on the basis of medical records and, if necessary, after examining the patient, give its decision without delay, no later than 30 days from the date of filing the objection.

 

6.Medical Commission shall decide by an absolute majority of votes in the presence of the full composition of the committee.

 

7.Medical Commission decision is appealable.

 

8.The Code of Administrative Procedure does not apply to the proceedings before the Medical Commission.

 

9.The provisions of paragraphs 1-8 are not applied in the case of the appeal in relation to the opinions and judgments, governed by separate regulations.

 

Article 32

1.The Medical Board consists of three doctors appointed by the Commissioner for Patients' Rights in the list referred to in paragraphs. 2, including two of the same specialty as the physician who delivered an opinion or ruling referred to in article 31 paragraph 1.

 

2.National consultants, in consultation with the relevant provincial consultants, develop once a year, before March 30, a list of doctors in the medical field who may be members of the Medical Commission.

 

3.The Commission for participation in the Medical doctor is entitled to remuneration, which establishes the Patient Ombudsman.

 

4.The costs of the Medical Commission are financed by the state budget, which is part of the disposal of the Patient Ombudsman.

 

5.The minister responsible for health, in consultation with the Supreme Medical Council shall determine, by regulation, the mode of action of the Medical Commission taking into account the effectiveness of the rights of the patient.

 

Patient's right to respect for private and family life

 

Article 33

1.A patient in a stationary healthcare facility has the right to personal contact, telephone or correspondence with others.

 

2.Patient has the right to refuse contact with people mentioned in paragraph 1.

 

Article 34

1.Patient has the right to receive an additional nursing care.

 

2.By additional nursing care, referred to in the paragraph 1, means care that is not providing health care services, including patient care exercised in terms of pregnancy, childbirth and postpartum.

 

Article 35

1.The patient bears the costs of the rights referred to in article 33, paragraph 1 and article 34, paragraph 1 if the implementation of these laws results in fixed costs incurred by the health care facility.

 

2.The fee to offset the costs referred to in paragraph 1 is provided by facility director taking into account the actual cost of the rights referred to in art. 33, paragraph 1 and article 34, paragraph 1.

 

3.Information on the amount of the fee referred to in paragraph 2, and description on how it is open and available on the premises of fixed health care.

 

Patient's right to pastoral care

 

Article 36

The patient in a stationary healthcare facility has the right to pastoral care.

 

Article 37

In case of deterioration or life threat, stationary healthcare facility is obliged to enable the patient to contact the priest.

 

Article 38

Stationary health care facility is responsible for costs borne by the patient's realization of the rights referred to in article 36 and 37, unless otherwise provided by law.

 

Patient's right to store valuables in the deposit

 

Article 39

The patient in a stationary healthcare facility has the right to store valuables in the deposit. The costs of implementing this law shall be taken by stationary health care facility, unless otherwise provided by law.

 

Article 40

The minister competent for health matters shall establish, by regulation:

1)range of inventory items donated to deposit;

2)ways of protecting items put into deposit;

3)the manner and terms of filling and storing depository books

-having regard to ensure proper implementation of the rights of the patient, referred to in article 39