Excerpt from the law of November 6, 2008. On Patients’ Rights and Patients’ Rights Ombudsman (Journal of Laws of 2009 No. 52, item 417, as amended, hereinafter the “Act”)

Patient’s right to health services (Articles 6 – 8 of the Law)

Art. 6.

  1. The patient has the right to health services that meet the requirements of current medical knowledge.
  1. The patient has the right, in a situation of limited availability of appropriate health services, to a transparent, objective procedure based on medical criteria to determine the order of access to these services.
  1. The patient has the right to demand that the provider of health services:
  1. The doctor consulted another doctor or convened a medical consortium;
  2. The nurse (midwife) consulted another nurse (midwife).
  1. A physician may refuse to convene a medical consortium or consult another physician if he or she believes that the request referred to in paragraph (2) of this Article is inappropriate. 3, is unfounded.
  2. The request referred to in paragraph. 3, and the refusal referred to in paragraph. 4, shall be noted in the medical records.
  3. The provisions of paragraph. 4 and 5 apply to a nurse (midwife) in terms of consulting another nurse (midwife).
  1. A patient has the right to immediate health services due to a threat to health or life.
  2. In the case of childbirth, the patient has the right to receive health services related to childbirth

Art. 8. The patient has the right to health care services provided with due diligence by health care providers in conditions that meet the professional and sanitary requirements specified in separate regulations. In the provision of health services, medical professionals shall be guided by the principles of professional ethics as defined by the relevant self-governing bodies of the medical profession.

Patient’s right to information (Articles 9 – 12 of the Law)

Art. 9.

  1. The patient has the right to information about his or her condition.

  1. A patient, including a minor who has reached the age of 16, or his legal representative, has the right to obtain from a medical professional accessible information about the patient’s health condition, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their application or abandonment, results of treatment and prognosis, within the scope of health services provided by this person and in accordance with his powers.

  1. The patient or the patient’s legal representative has the right to consent to the provision of information listed in paragraph (2). 2 other people.
  1. The patient has the right to demand that the medical professional not provide him with the information referred to in paragraph (2). 2.
  1. After obtaining the information referred to in paragraph. 2, the patient has the right to present to the medical professional his or her opinion in this regard.
  1. In the case specified in Art. 31 para. 4 of the Law of December 5, 1996. on the professions of physician and dentist (Journal of Laws of 2017, item 125 and 767), the patient has the right to demand that the doctor provide him with the information referred to in paragraph. 2, in full.
  1. A minor patient under the age of 16 has the right to obtain from a medical professional the information referred to in paragraph (1). 2, to the extent and form necessary for the proper conduct of the diagnostic or therapeutic process.
  1. The patient, including a minor who is 16 years of age or older, or his legal representative, has the right to receive from the nurse, midwife accessible information about his care and nursing procedures.

Art. 10. In the case referred to in Art. 38(1). 1 of the Law of December 5, 1996. on the medical and dental professions, the patient, his or her legal representative or actual guardian has the right to be informed sufficiently in advance of the physician’s intention to withdraw treatment from the patient and the physician’s indication of the possibility of obtaining health services from another physician or health care provider.

Art. 11.

  1. The patient has the right to be informed about the patient’s rights set forth in this Law and in separate regulations, taking into account the limitations on these rights set forth in these regulations. The health care provider shall make this information available in writing, by posting it on its premises, in a place accessible to the public.

  1. The provision of paragraph. The second sentence of paragraph 1 shall not apply to on-call-only individual medical practices, individual specialized medical practices, individual practices of nurses, midwives, individual specialized practices of nurses, midwives and individual physiotherapy practices.

  2. In the case of a patient unable to move, the information referred to in paragraph. 1, shall be made available in such a way that it can be read in the patient’s room.

Art. 12. The patient has the right to information about the type and scope of health services provided by the health care provider, including publicly funded preventive health programs implemented by the provider. The provisions of Art. 11 paragraph. 1 second sentence and paragraph. 3 shall apply accordingly.

Right to report adverse reactions to medicinal products (Article 12a of the Law)

Art. 12a. The patient or his/her statutory representative or actual guardian has the right to report adverse reactions of a medicinal product to medical professionals, the President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products or the entity responsible for marketing the medicinal product in accordance with the Law of September 6, 2001. – The Pharmaceutical Law (2016 Journal of Laws, item 2142 and 2003, and 2017, item 1015).

Patient’s right to confidentiality of information related to him (Article 13 – 14 of the Law)

Art. 13. The patient has the right to confidentiality by medical professionals, including those providing him with health services, of information related to him and obtained in connection with his medical profession.

Art. 14.

  1. In order to exercise the right referred to in Art. 13, medical professionals are obliged to keep confidential information related to the patient, especially the patient’s health condition.
  1. The provision of paragraph. 1 does not apply where:
  1. This is what the provisions of separate laws stipulate;
  2. keeping the secret may pose a danger to the life or health of the patient or others;
  3. The patient or his legal representative consents to the disclosure of the secret;
  1. there is a need to provide necessary information about the patient related to the provision of health services to other medical professionals involved in the provision of such services.

2a. The provision of paragraph. 1 also does not apply to proceedings before the provincial commission for adjudication of medical events referred to in Art. 67e para. 1.

2b. In the situations referred to in paragraph. 2, disclosure of the secret may be made only to the extent necessary. In the situation referred to in paragraph. 2 (3), the scope of disclosure of the secret may be determined by the patient or the patient’s legal representative.

(3) Medical practitioners, except in the cases referred to in paragraph. 2 points 1-3 and paragraph. 2a, are bound by secrecy even after the death of the patient, unless a close relative consents to the disclosure of the secret. A relative who consents to the disclosure of a secret may specify the scope of the disclosure referred to in paragraph (2). 2b.

(4) Exemptions from secrecy referred to in paragraph. 3, shall not apply if the disclosure of the secret is opposed by another close person or opposed by the patient during his life, subject to paragraph (3). 6 i 7. The objection shall be attached to the patient’s medical records.

(5) Before expressing the objection referred to in paragraph. 4, the patient has the right to be informed of the consequences of filing an objection.

(6) In the case of a dispute between relatives over the disclosure of a secret or the extent of its disclosure, the court referred to in Art. 628 of the Law of November 17, 1964. – Code of Civil Procedure (Journal of Laws of 2018, item 1360, as amended), in non-trial proceedings at the request of a relative or medical professional. A medical professional may also apply to the court if there is reasonable doubt that the person requesting or opposing disclosure of the secret is a close relative. The court, when consenting to the disclosure of a secret, may specify the scope of disclosure referred to in paragraph (2). 2b.

(7) In the event that the patient objected to the disclosure of the secret referred to in paragraph (2) during his/her lifetime. 4, the court referred to in Art. 628 of the Law of November 17, 1964. – The Code of Civil Procedure, in non-trial proceedings at the request of a loved one, may consent to the disclosure of the secret and determine the extent of disclosure, if necessary:

  1. in order to seek compensation or damages, due to the death of a patient;
  2. To protect the life or health of a loved one.

(8) In the event of an application to the court referred to in paragraph. 6 or 7, the court shall examine:

  1. The interests of the participants in the proceedings;
  2. The actual bond of the loved one with the deceased patient;
  3. The will of the deceased patient;
  4. The circumstances of the objection.

Patient’s right to consent to the provision of health services (Articles 15 – 19 of the Law)

Art. 15. The provisions of this chapter shall apply to the consent to or refusal of such consent for the provision of health services, unless otherwise provided by separate laws.

Art. 16. The patient has the right to consent to or refuse certain health services, after being informed to the extent specified in Art. 9.

Art. 17.

  1. A patient, including a minor who has reached the age of 16, has the right to consent to an examination or other health services.

  1. The legal representative of a patient who is a minor, completely incapacitated or incapable of giving informed consent shall have the right to give the consent referred to in paragraph (2). 1. In the absence of a legal representative, this right, with respect to the examination, can be exercised by the factual guardian.

  1. A minor patient who has reached the age of 16, an incapacitated person, or a patient who is mentally ill or mentally retarded, but who has sufficient discernment, has the right to object to the provision of health care, despite the consent of the legal representative or actual guardian. In this case, permission from the guardianship court is required.

  1. The consent and objection referred to in paragraph. 1-3, may be expressed either verbally or through such behavior of the persons listed in these provisions, which indicates in no uncertain terms the willingness to undergo the activities proposed by the medical professional or the lack of such willingness.

Art. 18.

  1. In the case of a surgical procedure or the use of a method of treatment or diagnosis that poses an increased risk to the patient, the consent referred to in Art. 17 para. 1, shall be expressed in writing. For consent and objection, Art.

  1. paragraph. 2 i 3.

1a. When consenting to a surgical procedure or the use of a treatment or diagnostic method that poses a higher risk to the patient through the Internet Patient Account referred to in Art. 2 item 19 of the Act of

  1. April 2011. On the health care information system (Journal of Laws of 2017, item 1845, and 2018, items 697 and 1515), a documentary form is required.
  1. Prior to giving consent in the manner specified in paragraph. 1 and 1a, the patient has the right to obtain the information referred to in Art. 9 paragraph. 2.
  1. The provisions of Art. 17 para. 2-4 shall apply accordingly.

Art. 19. Rules for conducting an examination or providing other health services by a physician, paramedic and system nurse despite the lack of consent or in the face of objections referred to in Art. 17 and Art. 18, shall be determined accordingly by the provisions of Art. 33 and Art. 34 par. 6 of the Law of December 5, 1996. On the medical and dental professions and Art. 11 paragraph. 10a-10c of the Law of September 8, 2006. On State Emergency Medical Services (Dz. U. of 2017. pos. 2195 and of 2018. pos.

  1. i 1115).

The right to respect for the patient’s intimacy and dignity (Articles 20 – 22 of the Law)

Art. 20.

  1. The patient has the right to respect for intimacy and dignity, especially during the provision of health services.
  2. The right to dignity also includes the right to die in peace and dignity.
  1. The patient has the right to pain treatment.
  1. The health care provider is obliged to take measures to determine the severity of pain, treat pain and monitor the effectiveness of this treatment.

Art. 21.

  1. At the patient’s request, a relative may be present at the provision of health services.

  1. A medical professional providing health services to a patient may refuse to have a relative present when providing health services, if there is a likelihood of an epidemic threat or for the sake of the patient’s health safety. The refusal is noted in the medical records.

Art. 22.

  1. In order to exercise the right referred to in Art. 20 para. 1, the medical professional is obliged to act in a manner that respects the intimacy and dignity of the patient.

  1. Medical professionals, other than those providing health care services, shall participate in the provision of such services only when it is necessary due to the type of service or the performance of control activities under the regulations on medical activities. Participation, as well as the presence of others, requires the consent of the patient, and in the case of a minor patient, a patient who is completely incapacitated or incapable of giving informed consent, his or her legal representative, and the medical professional providing the health service.

  1. To the persons referred to in paragraph. 2 second sentence, Art. 13 i 14.

Patient’s right to medical records (Articles 23 – 30a of the Law)

Art. 23.

  1. The patient has the right to access medical records relating to his or her condition and the health services provided.
  1. The data contained in the medical records shall be subject to the protection specified in this Law and in separate regulations.

Art. 24.

  1. In order to exercise the right referred to in Art. 23 para. 1, the health care provider is obliged to keep, store and provide access to medical records in the manner specified in this chapter and in the Law of April 28, 2011. on the health care information system (Journal of Laws 2016, item 1535, 1579 and 2020, and 2017, item 599), and ensure the protection of the data contained in these records.

  1. To process the data contained in the medical records referred to in Art. 25 para. 1, in order to protect health, provide and manage the provision of health services, maintain the information and communication system in which medical records are processed, and ensure the security of this system, are authorized:

1) medical professionals;

2) other persons performing auxiliary activities in the provision of health services, as well as activities related to the maintenance of the ICT system in which medical records are processed and ensuring the security of this system, under the authorization of the data controller.

  1. Persons referred to in paragraph. 2(2), are obliged to keep patient-related information obtained in connection with the performance of their tasks confidential. These individuals are bound by secrecy even after the patient’s death.
  1. A health care provider may enter into an agreement referred to in Art. 31 para. 1 of the Act of August 29

1997 r. on the protection of personal data (Journal of Laws of 2016, item 922), provided that the protection of personal data is ensured and the right of the health care provider to control the compliance of the processing of personal data with this agreement by the entity receiving the data.

  1. Implementation of the agreement referred to in paragraph. 4, shall not cause interference with the provision of health care services, in particular in terms of providing, without undue delay, access to the data contained in the medical records.

  1. The entity entrusted with the processing of personal data in accordance with para. 4, shall be obliged to maintain the secrecy of patient-related information obtained in connection with the implementation of the agreement referred to in paragraph 4. 4. The subject is bound by secrecy even after the patient’s death.

  1. If the entity entrusted with such processing ceases to process the personal data contained in the medical records, in particular in connection with its liquidation, it shall be obliged to transfer the personal data contained in the medical records to the entity referred to in paragraph (2). 1, who entrusted the processing of personal data.

Art. 25.

  1. Medical records include, at a minimum:

1) identification of the patient, allowing to establish his identity: a) surname and first name(s),

(b) date of birth, (c) gender designation,

(d) address of residence,

(e) PESEL number, if assigned, in the case of a newborn child – the mother’s PESEL number, and in the case of persons who do not have an assigned PESEL number – the type and number of the identity document,

f) if the patient is a minor, totally incapacitated or incapable of informed consent – the name(s) of the legal representative and the address of his/her residence;

2) the designation of the health care provider with the indication of the organizational unit in which the health care services were provided;

3) a description of the patient’s condition or health services provided;

4) date of preparation.

  1. The medical records shall include information about the issuance of an opinion or a ruling referred to in Art. 31 para. 1.

2a. Medical records may include information on the amount of public funds due to the healthcare provider for providing these services to the patient to whom the records pertain.

  1. The provisions on medical records do not apply to data on the content of emergency calls, including recordings of telephone conversations, as referred to in Article. 24b para. 1 and 2 of the Law of September 8, 2006. On State Emergency Medical Services

(Journal of Laws 2016, item 1868 and 2020, and 2017, item 60). Art. 26.

  1. The health care provider shall make the medical records available to the patient or the patient’s legal representative, or to a person authorized by the patient.

  1. After a patient’s death, medical records are made available to the person authorized by the patient during his or her lifetime or to the person who was the patient’s legal representative at the time of the patient’s death. Medical records shall also be made available to a relative, unless the release is opposed by another relative or opposed by the patient during his or her lifetime, subject to paragraph (2). 2a and 2b.

2a. In the case of a dispute between relatives over the release of medical records, the court referred to in Art. 628 of the Law of November 17, 1964. – Code of Civil Procedure, in non-procedural proceedings at the request of a relative or medical professional. A medical professional may also apply to the court if there are reasonable doubts as to whether the person requesting or opposing the release of records is a close relative.

2b. If the patient has objected to the release of medical records during his or her lifetime, as referred to in paragraph (2), then the patient shall be entitled to a medical record. 2, the court referred to in Art. 628 of the Law of November 17, 1964. – Code of Civil Procedure, in non-trial proceedings at the request of a loved one, may consent to the release of medical records and determine the extent of their release, if necessary:

1) in order to seek compensation or damages, due to the death of the patient;

2) to protect the life or health of a loved one.

2c. In the event of an application to the court referred to in paragraph. 2a or 2b, the court shall examine: 1) the interests of the participants in the proceedings;

2) the actual bond of the loved one with the deceased patient;

3) the will of the deceased patient;

4) the circumstances of the objection.

  1. The health care provider shall also make medical records available:
  1. entities providing health services, if the documentation is necessary to ensure the continuity of health services;

  1. public authorities, including the Ombudsman for Patients’ Rights, the National Health Fund, authorities of the self-government of medical professions and national and provincial consultants, to the extent necessary for these entities to perform their tasks, in particular supervision and control;

2a) entities referred to in Art. 119 para. 1 and 2 of the Law of April 15, 2011. on therapeutic activity, to the extent necessary to carry out inspections ordered by the minister responsible for health;

2b) authorized by the entity referred to in Art. 121 of the Law of April 15, 2011. on therapeutic activity, to medical practitioners to the extent necessary to supervise a non-business therapeutic entity;

2c) the Agency for Health Technology Assessment and Tarification, to the extent necessary for it to perform the tasks specified in Art. 31n of the Law of August 27, 2004. On health care services financed from public funds (Journal of Laws of 2018, item 1510 and 1515);

2d) the Medical Research Agency to the extent defined by the Law of February 21, 2019. On the Medical Research Agency (Dz. U. pos.

447);

  1. to the minister in charge of health, courts, including disciplinary courts, prosecutors, forensic doctors and ombudsmen for professional liability, in connection with the proceedings;
  1. authorized under separate laws to bodies and institutions, if the examination was conducted at their request;
  1. disability authorities and disability assessment teams, in connection with their proceedings;
  1. entities that maintain records of medical services, to the extent necessary to maintain the records;
  2. To insurance companies, with the patient’s consent;

7a) to medical commissions subordinate to the minister in charge of internal affairs, military medical commissions and medical commissions of the Internal Security Agency or the Intelligence Agency, subordinate to the Heads of the respective Agencies;

  1. medical professionals, in connection with the conduct of a procedure for evaluating a health care provider under the provisions on accreditation in health care or a procedure for obtaining other quality certifications, to the extent necessary for their conduct;

  1. The provincial commission for adjudication of medical events referred to in Art. 67e para. 1, within the scope of the ongoing proceedings;
  1. heirs in the scope of the ongoing proceedings before the provincial commission for adjudication of medical events referred to in Art. 67e para. 1;
  1. Persons performing inspection activities under Art. 39 paragraph. 1 of the Law of April 28, 2011. On the health care information system, to the extent necessary to carry them out;

  1. To members of hospital infection control teams referred to in Art. 14 of the Law of December 5, 2008. on the prevention and control of infections and infectious diseases in humans (Journal of Laws 2016, item 1866, 2003 and 2173), to the extent necessary to perform their tasks.

3a. Medical records of medical entities referred to in Art. 89 par. 1 and 3 of the Law of April 15, 2011. On therapeutic activity, research institutes referred to in Art. 3 of the Law of April 30, 2010. on research institutes (Journal of Laws of 2016, item 371, 1079, 1311 and 2260, and of 2017, item 202), and other health care providers participating in the preparation of persons for the medical profession and the training of medical practitioners shall be made available to such persons only to the extent necessary for teaching purposes.

3b. Persons referred to in paragraph. 3a, are obliged to keep the information contained in the medical records confidential, even after the death of the patient.

  1. Medical records may also be made available to a university or research institute for use for scientific purposes, without disclosing the name and other identifying information of the person to whom the records pertain.

  1. The electronic medical records referred to in Art. 2 item 6 of the Law of April 28, 2011. on the health care information system, is made available under the rules set forth in the provisions of this Act, the Act of August 27, 2004. On health care services financed from public funds and the Act of September 6, 2001. – Pharmaceutical Law.

Art. 27.

  1. Medical records are made available:

1) to be inspected, including health care databases, at the place where health care services are provided, excluding emergency medical operations, or at the premises of the health care provider, with provision for the patient or other authorized bodies or entities to take notes or photographs;

2) by making an extract, copy, copy or printout of it;

3) by issuance of the original against acknowledgment of receipt and subject to return after use, at the request of public authorities or common courts, as well as when delay in issuance of records could cause danger to the life or health of the patient;

4) by means of electronic communication;

5) on a computerized data carrier.

  1. X-rays taken on film, stored by the health care provider, shall be made available against receipt and subject to return after use.

  1. Medical records maintained in paper form may be made available by making a copy in the form of a digital reproduction (scan) and transmitting it in the manner specified in paragraph (2). 1 (4) and (5), at the request of the patient or other authorized bodies or entities, if the organizational regulations of the health care provider so provide.

  1. The health care provider shall maintain a list containing the following information on the medical records provided:

1) the name(s) of the patient to whom the medical records pertain;

2) the method of making medical records available;

3) the scope of the medical records provided;

4) the name(s) and surname of a person other than the patient to whom the medical records were made available, and in the cases referred to in Art. 26 para. 3 and 4, also the name of the authorized body or entity;

5) the name(s) and signature of the person who provided the medical records;

6) the date of release of medical records. Art. 28.

  1. For providing medical records in the manner specified in Art. 27 para. 1 (2) and (5) and in paragraph. 3 the health care provider may charge a fee.

  1. The provision of paragraph. 1 does not violate the powers of the pension authorities set forth in Art. 77 paragraph. 5 of the Law of October 13, 1998. On the social security system (Dz. U. of 2016, item 963, as amended2)) and Art. 121 para. 2 of the Law of December 17, 1998. On pensions from the Social Insurance Fund (Journal of Laws of 2016, item 887, as amended).

2a. The fees referred to in paragraph. 1, shall not be charged in the case of providing access to medical records in connection with proceedings before the provincial commission for adjudication of medical events referred to in Art. 67e para. 1.

2b. The fees referred to in paragraph. 1, shall not be charged when medical records are made available to the Agency for Health Technology Assessment and Tarification and the Agency for Medical Research.

  1. The fee for providing access to medical records in the cases referred to in par. 1, shall be determined by the health care provider.
  1. Maximum fee for:

1) one page of an extract or copy of medical records – may not exceed 0.002,

2) one page of copy or printout of medical records – may not exceed 0.00007,

3) provision of medical records on a computerized data carrier – may not exceed 0.0004

– average salary in the previous quarter, announced by the President of the Central Statistical Office in the Official Journal of the Republic of Poland “Monitor Polski” on the basis of Art. 20(2) of the Act of December 17, 1998. on pensions from the Social Insurance Fund, starting from the first day of the month following the month in which the announcement was made.

  1. The amount of the fee referred to in paragraph. 4, takes into account the value added tax, if under separate regulations the service is taxed with this tax.

Art. 29.

  1. The health care provider shall keep medical records for a period of 20 years, counting from the end of the calendar year in which the last entry was made, except:

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

1a) medical records containing data necessary for monitoring the fate of blood and its components, which shall be kept for a period of 30 years, counting from the end of the calendar year in which the last entry was made;

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

3) Test referrals or doctor’s orders, which are kept for a period of time:

(a) 5 years, counting from the end of the calendar year in which the health care service that is the subject of the physician’s referral or order was provided,

(b) 2 years, counting from the end of the calendar year in which the referral was issued – if the health care service was not provided due to the patient’s failure to appear within the established time limit, unless the patient took the referral back;

4) medical records for children up to the completion of 2. year of age, which is retained for a period of 22 years.

  1. After the expiration of the periods mentioned in paragraph 1 the health care provider shall destroy medical records in a manner that makes it impossible to identify the patient to whom they pertained. Medical records to be destroyed may be released to the patient, the patient’s legal representative or a person authorized by the patient.

  1. After the expiration of the periods referred to in paragraph. 1, to handle medical records that are archival material within the meaning of the provisions of the Act of July 14, 1983. on the national archival resource and archives (Dz. U. of 2016, item 1506 and 1948, and of 2017, item 1086), the regulations issued pursuant to Art. 5 paragraph. 2 and 2b of that law.

Art. 30.

  1. The Minister responsible for health, after consultation with the Supreme Medical Council, the Supreme Council of Nurses and Midwives, the National Council of Physiotherapists and the National Council of Laboratory Diagnosticians, shall determine, by means of an ordinance, the types and scope of medical records, the manner of their processing and the specimens of certain types of medical records, in particular the specimen of a child’s health booklet, taking into account the types of entities providing health care services, as well as the need to ensure the realization of the right of access to medical records, the reliable maintenance of such records, the protection of data and information on the patient’s health status, and uniform models of medical records that are essential for the prompt and effective provision of health care services.

  1. The Minister of Internal Affairs, the Minister of Justice, in consultation with the Minister of Health and after consultation with the Supreme Medical Council, the Supreme Council of Nurses and Midwives, the National Council of Physiotherapists and the National Council of Laboratory Diagnosticians, and the Minister of National Defense, in consultation with the Minister of Health and after consultation with the Medical Council of the Military Medical Chamber, each within the scope of their respective activities, shall determine, by ordinance, the types and scope of medical records, the manner of their processing and the specimens of certain types of medical records, in particular the specimen of a child’s health booklet, taking into account the need to ensure the realization of the right of access to medical records, the reliable maintenance of such records, the protection of data and information on the patient’s health status, and uniform specimens of medical records that are essential for the prompt and effective provision of health services.

Art. 30a.

  1. In the event of cessation of medical activity, the health care provider shall transfer the medical records to the entities referred to in paragraph (2). 2-4 and 7, in such a way as to ensure that it is protected from destruction, damage or loss and from unauthorized access.

  1. The medical records of an entity that ceases to perform medical activities are taken over by the entity that took over its tasks.
  1. In the absence of the entity referred to in paragraph. 2, the storage and release of medical records after the cessation of health care services is the responsibility of the health care provider:

1) the forming or supervising entity – in the case of a medical entity that is not an entrepreneur within the meaning of Art.

  • paragraph. 1 item 4 of the Law of April 15, 2011. on therapeutic activity, or a research institute referred to in Art. 3 of the Law of April 30, 2010. On research institutes;

2. the health care provider with whom the entity discontinuing medical activities has entered into an agreement for the storage of medical records – in the case of a medical entity other than those specified in point 1 and a professional practice within the meaning of Art. 5 of the Law of April 15, 2011. on therapeutic activity

3. the competent district chamber of physicians or the district chamber of nurses and midwives or the National Chamber of Physiotherapists – in the event of the death of a physician or nurse or midwife or physiotherapist, respectively, practicing in the form of professional practice within the meaning of Article. 5 of the Law of April 15, 2011. On therapeutic activity.

(4) In the cases referred to in Art. 108 par. 2 of the Law of April 15, 2011. on therapeutic activity, the body keeping the register of entities performing therapeutic activity shall summon the entity providing health care services subject to deletion to indicate, within the prescribed time limit, the name (company) and address of the entity with which it has concluded a contract for the storage of medical records.

(5) In the event of ineffective expiration of the time limit referred to in paragraph. 4, the authority in charge of the register of health care providers shall determine the treatment of medical records, at the expense of the health care provider subject to deletion.

(6) To the cost receivables referred to in paragraph. 5, the provisions on administrative enforcement proceedings shall apply.

(7) If it is not possible to determine the entity responsible for the storage of medical records after the cessation of medical activities, the governor is responsible for the storage of medical records.

8 The provisions of para. 2-7 do not apply to the medical records referred to in paragraph (2). 9.

(9) The medical records referred to in the regulations issued pursuant to Art. 13a of the Law of April 28, 2011. on the health care information system, after the cessation of medical activity is stored and made available by the unit subordinate to the minister responsible for health care information systems in the Medical Information System referred to in Art. 10 of that law.

10. the entities referred to in paragraph. 3 and 7, may enter into the agreement referred to in Art. 31 para. 1 of the Law of August 29, 1997. on the protection of personal data, provided that the protection of personal data is ensured and the right to control the compliance of the processing of personal data by the entity receiving the data.

(11) Persons who, in connection with the implementation of the contract concluded pursuant to paragraph. 10 gained access to information related to the patient, are obliged to keep it confidential, even after the patient’s death.

(12) In the event of cessation of processing of personal data contained in medical records by the entity entrusted with such processing, in particular in connection with its liquidation, it shall be obliged to transfer personal data contained in medical records to the entity referred to in para. 3 and 7, who entrusted the processing of such data.

13. the provisions of Art. 13, Art. 14, Art. 23, Art. 24 and Art. 26-29 and regulations issued pursuant to Art. 30 shall apply, mutatis mutandis, to entities that store and provide access to medical records after the cessation of medical activities by the health care provider.

Patient’s right to object to a doctor’s opinion or ruling (Articles 31 – 32 of the Law)

Art. 31

  1. The patient or the patient’s legal representative may object to the opinion or ruling specified in Art. 2 paragraph. 1 of the Law of December 5, 1996. on the medical and dental professions, if the opinion or ruling affects the patient’s rights or obligations under the law.

  1. The objection is filed with the Medical Committee acting under the Ombudsman for Patients’ Rights, through the Ombudsman for Patients’ Rights, within 30 days from the date of the opinion or ruling of the physician adjudicating the patient’s condition.
  1. The objection shall require justification, including an indication of the provision of law from which the rights or obligations referred to in paragraph (2) arise. 1.
  1. In the event of failure to meet the requirements set forth in paragraph. 3 the objection is returned to the person who filed it.
  1. The Medical Committee, on the basis of medical records and, if necessary, after examining the patient, shall issue a ruling immediately, no later than 30 days from the date of filing an objection.
  1. The Medical Commission issues a ruling by an absolute majority in the presence of the full membership of the commission.
  2. The decision of the Medical Commission is not subject to appeal.
  3. The provisions of the Code of Administrative Procedure shall not apply to the proceedings before the Medical Commission.
  1. The provisions of paragraph. 1-8 do not apply in the case of appeal proceedings with respect to opinions and judgments, regulated by separate regulations.

Art. 32

  1. The Medical Commission shall be composed of three physicians appointed by the Patient Ombudsman from the list referred to in paragraph (2). 2, including two of the same specialty as the doctor who issued the opinion or ruling referred to in Art. 31 para. 1.

  1. National consultants, in consultation with the relevant provincial consultants, shall develop once a year by March 30, a list of physicians in a given field of medicine who may be members of the Medical Commission. The list includes the names of the doctors, their telephone numbers and mailing addresses, as well as e-mail addresses, if they have them.

2a. The inclusion of the doctor in the list referred to in paragraph (2). 2, requires his prior written consent.

2b. A doctor may refuse to participate in the Medical Commission for valid reasons. Persistent evasion of participation in the Medical Commission or the issuance of the opinion referred to in Art. 67i para. 7, results in removal from the list referred to in paragraph. 2.

(3) The doctor shall be entitled to remuneration for participation in the Medical Commission, which shall be determined by the Patient Ombudsman.

3a. Members of the Medical Commission are entitled to leave from work on the day of its meeting, without retaining their right to pay.

  1. The costs of the Medical Commission are financed from the state budget, from the part at the disposal of the Patient Ombudsman.
  1. The Minister of Health, after consulting with the Supreme Medical Council, shall determine, by regulation, the manner of operation of the Medical Commission, taking into account the effectiveness of the implementation of patient rights.

Patient’s right to respect for private and family life (Articles 33-35 of the Law)

Art. 33.

  1. A patient of a medical entity performing inpatient and round-the-clock health care services within the meaning of the regulations on medical activity has the right to contact others in person, by telephone or by correspondence.

  1. The patient has the right to refuse contact with the persons mentioned in paragraph (2). 1.
  1. The patient is entitled to extra nursing care.
  1. By the additional nursing care referred to in paragraph. 1, is understood to mean care that does not involve the provision of health services, including care provided to the patient in the conditions of pregnancy, childbirth and postpartum.

Art. 35.

  1. The patient shall bear the costs of exercising the rights referred to in Art. 33 para. 1 and Art. 34 par. 1, if the exercise of these rights results in costs incurred by a medical entity performing inpatient and round-the-clock health care services within the meaning of the regulations on medical activity.

  1. The amount of the fee compensating for the costs referred to in paragraph. 1, shall be determined by the head of the entity, taking into account the actual costs of exercising the rights referred to in Art. 33 para. 1 and Art. 34 par. 1.
  1. Information on the amount of the fee referred to in paragraph. 2, and the manner of its determination shall be public and made available at the premises of the treatment facility of the entity referred to in paragraph (2). 1.

Patient’s right to keep valuables in deposit (Article 39-40 of the Law)

Art. (39) A patient staying in a therapeutic entity providing inpatient and round-the-clock health care services as defined in the regulations on therapeutic activity shall have the right to keep valuables on deposit. The cost of exercising this right shall be borne by the entity, unless otherwise provided by separate regulations. Art. 40 The minister responsible for health shall determine, by regulation:

  1. The scope of the inventory of items to be placed in escrow,
  2. The method of securing the items given for deposit,
  1. the manner and conditions for keeping and storing the deposit book – taking into account ensuring the proper implementation of the patient’s right referred to in Article. 39.