Simplified procedure for granting PWZ to non-EU medics before the Supreme Court

Simplified procedure for granting EO to non-EU medics before the Supreme Court

For the first time in the history of the professional body of doctors and dentists, the Minister of Health has challenged to the Supreme Court a resolution of the Supreme Medical Council regarding the granting of the right to practice in a simplified procedure to doctors with diplomas obtained outside the European Union. Minister wants to repeal it in its entirety – the president of the NRL has already made clarifications on this issue.

The subject of the Health Minister's complaint is the compliance of the NRL's resolution on the procedure for granting doctors and dentists from outside the EU the right to practice their profession (PWZ) with the regulation adopted in the recently amended Law on the Profession of Physician and Dentist. Minister argues that the requirement of the Medical Council to confirm the Polish language skills of candidates applying for the PWZ does not follow from the regulations. The requirement for a certificate on the candidate's health condition issued by an occupational physician was also identified as contrary to the law. In addition, the minister believes that in a situation where he has previously issued a decision granting a person permission to practice, the district medical council should not examine the documents submitted by the candidate and conduct a full administrative procedure.

Knowledge of the Polish language an absolute necessity

President of the NRL prof. Andrzej Matyja has already filed an extensive pleading on the matter, stressing that all of the minister's allegations are unfounded. The resolution adopted by the Supreme Medical Council was supported by the opinion of a prominent expert in administrative law, long-time head of the Department of Administrative Law at the Faculty of Law and Administration and Judge of the Supreme Administrative Court.

According to our expert's opinion, the requirement to know the Polish language is a constitutional qualification requirement to practice as a doctor and dentist. (…) The requirement to know the Polish language is also reflected in EU law, which Poland is obliged to apply. The minister's allegations regarding the manner in which candidates confirm their health status allowing them to practice the profession also have no basis, since health status is one of the prerequisites for being able to apply for a PWZ and should apply equally to all practitioners of the medical profession – emphasizes the president of the NRL in the announcement.

The self-government strongly disagrees with the position that after the Minister of Health issues a decision on consent to practice the profession by a doctor who has a diploma obtained outside the EU, the district medical council should, without a separate procedure, grant him a PWZ. – Such a view of the minister finds no justification in the doctrine of administrative law or in the provisions of law – adds Prof. Matyja.

NRL does not block processing of applications

Contrary to suggestions arising from the Health Minister's challenge to the resolution, the Medical Council is not opposed to granting non-EU doctors the right to practice their profession. To date, out of 137 applications submitted under the new regulations, 80 have already been processed by district medical boards. Among these 80 cases, in 74 resolutions have been passed to award the PWZ. This means that district medical councils have granted PWZs in more than 90% of recognized cases. – The above proves that the aforementioned provisions of the law are applied by the organs of the medical self-government and form the basis of decisions granting professional rights in Poland. To date, district medical boards have issued only 6 resolutions to refuse to grant PWZs, most often in cases in which the applicant did not present any or all of the documents necessary to demonstrate compliance with the requirements of the regulations – presenting, for example, a. only the decision of the Minister of Health to allow doctors to practice in Poland. In such situations, the issuance of a resolution of refusal was preceded in each case by an unsuccessful call to the applicant to supplement the deficiencies in the documentation needed to process the application – argues the president of the NRL, who asked the Supreme Court to consider the case at a hearing, rather than in closed session. – The hearing will allow us to fully recount our position and extensively address the Minister's allegations, as well as to outline the negative consequences for patients that would be associated with accepting the Health Minister's position – he concluded.

– Dentists have been pushed into the private market, and there is no pressure for better financing of public dentistry, says Dariusz Paluszek, a member of the presidium of the Supreme Medical Council, when asked about the reasons for the still too low outlays of the National Health Fund for dental treatment.

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