November 2009), a sufficient condition to perform HIV test is a wish of the prisoner, which does not need to be justified by any medical indications. The persons conducting the visit found that access to medical care, including specialists, was very broad in PDC in Wrocław. Prisoners confirmed this during interviews. None of the prisoners complained about difficulties in access to doctors, in particular, for the waiting period. In the opinion of the Director of the Health Care Institution, there is a need to employ general physicians in this establishment. While discussing the medical care issues, it is worth noting the petition45 of the Human Rights Defender to the Minister of Justice on undertaking legislative action to regulate the rules of providing health services to persons deprived of their liberty in the presence of the Prison Service officer. The Defender indicated that provision of Article 115(7) of the Executive Penal Code, in accordance with which – in principle – an officer not employed as medical practitioner in a closed establishment is present during the provision of health services, infringes the right to intimacy and dignity of prisoners, as well as the right to medical confidentiality.For these reasons, in the Defender’s view, the provisions of the Executive Penal Code should precisely indicate circumstances allowing for the presence of a person not providing medical services. The current wording of regulations also raises doubts when it comes to compliance with the proportionality rule included in Article 31(3) of the Constitution of the Republic of Poland.Presence of an officer not performing a medical profession during the provision of health services should be an exception and take place only if the need to guarantee security of a person providing health services so requires. In response of 1 July 2010, the Secretary of State in the Ministry of Justice did not agree with the Defender's position in this regard, indicating, among others, that providing health services in isolation may raise concerns about prison medical personnel's security, the presence of non-medical staff is there to guarantee.Therefore, limited right to health care for the period of deprivation of liberty caused by the presence of Prison Service officers during the provision of health services to a person deprived of liberty, resulting from the Act, is indispensable to guarantee the security of medical practitioners, that is, to execute the rule of sustainable growth (Art. 5 of the Constitution).Therefore, the Secretary of State in the Ministry of Justice found no grounds to undertake legislative work to amend legal norms in force in this scope. On 18 October 2010 the Human Rights Defender filed an application to the Constitutional Tribunal on legal regulations concerning the conditions for providing health services to persons serving the sentence of deprivation of liberty. It is also worth noting that upon the Defender’s motion, the Central Administration of the Prison Service prepared and distributed a consolidated collection of the rights of the prison health care patient to all penitentiary units countrywide, entitled Information of the rights of a patient – a person deprived of liberty (hereinafter referred to as Information). In most establishments, this document has been made available to prisoners.                                                              45 RPO-637905-VII/10