Report of the CHR on the Activities of the National Preventive Mechanism in Poland
In two visited establishments52, the representatives of the NPM decided that it would
be advisable for the centres to employ a nurse who would coordinate all matters related to
medical care, perform preliminary assessments, cooperate with a family doctor, manage
medicines, prepare appropriate medicine dosages, etc.
The visitors voiced reservations53 about the fact that legal guardians may, when making
their statements, consent to treatment in general terms, not being familiar with a particular case. Given the legislation in force, the representatives of the National Preventive
Mechanism recommend that legal guardians of charges consent to examination presenting
an increased risk and authorise a medical act proposed in a particular health situation on
each occasion.
At this point, the representatives of the Mechanism, despite understanding that the
need to contact a legal guardian of a juvenile on each occasion may be difficult, point out
that the so-called blanket consent is invalid. A doctor may perform examination or provide
other health services with the consent of a patient (Article 32(1) of the Act of 5 December
1996 on the professions of doctor and dentist54, hereinafter referred to as the “APDD”). The
consent of a patient must be given before a doctor performs any medical act (ex ante). It
should be noted that, before a patient gives his/her consent, he/she must be provided with
understandable information on such examination and treatment and their possible consequences or on other possible methods of action55.
The representatives of the National Preventive Mechanism also note that a charge, who
attained the age of 16, must consent to examination and a medical act (Article 32(5) of the
APDD) as well. If, however, a juvenile patient needs only examination, the consent may also
be given by an actual guardian, i.e. an employee of an establishment as well (Article 32(3) of
the APDD). If, in the case of examination presenting an increased risk or a medical act, no
agreement with a legal guardian of a child can be reached, this case should be referred to a
custody court in whose jurisdiction the medical acts are to be performed (Article 32(2) of
the APDD). There is no need for such action only if a patient requires immediate medical
assistance or there is an imminent danger of death, serious injury or serious health disorder
of a patient (cf. Article 33(1) and Article 34(7) of the APDD).
55
52
53
54
30
YCCs in: Czaplinek, Radzionków.
YCCs in: Kwidzyn, Radzionków.
Dz.U. of 2015, item 464, as amended.
Cf. Judgment of the Supreme Court of 16 May 2012, file ref. No III CSK 227/11, Bull. of the SC 2012/7/13, LEX No 1211885.
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