Revolution in Patient Rights Protection: New Powers for the Commissioner for Patients' Rights and Stricter Penalties

On March 10, 2025, new legislative proposals for amending the Act on Patient Rights and the Commissioner for Patients' Rights, as well as the Act on the emergency notification system, were added to the list of legislative works of the Council of Ministers. The proposed changes aim to strengthen patient rights protection and combat pseudomedical practices. The new regulations will provide the Commissioner for Patients' Rights (hereinafter: “RPP”) with new and more effective tools, partially modelled on the existing powers of the President of the Office of Competition and Consumer Protection (hereinafter: “President of UOKiK”).

The key changes will include: (i) granting new powers to the RPP in proceedings, (ii) introducing a new type of proceeding concerning pseudomedical practices, and (iii) implementing stricter financial penalties.

New Powers in Proceedings

The RPP will be granted new powers in proceedings related to practices that infringe upon collective patient rights:

• Public Warnings – modeled on similar powers of the President of UOKiK, the RPP will be authorized to issue public warnings if an entity engages in practices that endanger the life or health of patients or may cause other adverse consequences for a broad group of patients.
• Interim Decisions – the RPP will be able to issue interim decisions requiring the parties involved to refrain from specific actions until the conclusion of the proceedings.
• Obligation to Rectify the Consequences – the RPP will be authorized to require an entity engaging in unlawful practices to rectify the consequences of such practices, even if the entity ceases the practice during the proceedings.
• Dissemination of Case Law – the RPP will be responsible for publishing case law related to such practices to enhance public awareness regarding the protection of collective patient rights.

New Proceedings on Pseudomedical Practices

The draft legislation introduces a separate category of proceedings conducted by the RPP, which will be handled under similar rules as “standard” proceedings on practices infringing upon collective patient rights but will specifically target pseudomedical practices.

According to the draft assumptions, prohibited pseudomedical practices will include any activity involving the provision of healthcare services by individuals who are not licensed medical professionals, as well as offering or applying methods falsely attributed with medical efficacy that lead to health deterioration, failure to seek proper medical care, or the abandonment of scientifically proven diagnostic and treatment procedures.

Pseudomedical practices will also include:

• Operating a medical practice without obtaining the required registration in the register of healthcare providers;
• Medical misinformation, if it is linked to financial or personal gain and is publicly disseminated or promoted.

Stricter Financial Penalties

The draft law proposes expanding the RPP’s authority to impose financial penalties.

A significant change is the ability to impose financial penalties based solely on a decision recognizing a practice as infringing upon collective patient rights—meaning a fine could be issued simply for violating the prohibition. Under current regulations, such a fine can only be imposed if the entity continues the unlawful practice after a decision has been issued. Presently, a mere violation of the prohibition does not trigger a financial penalty.

Additionally, the RPP will be authorized to impose a penalty without initiating  separate proceedings if an entity resumes the practice for which the RPP previously issued a prohibition decision.

Furthermore, the RPP will gain the power to impose a new type of penalty on the manager of a healthcare provider who, in the course of their duties, through action or omission, allows a violation of the prohibition or fails to take necessary measures to cease the practice infringing upon collective patient rights.

For the first time since the Act on Patient Rights and the Commissioner for Patients' Rights came into effect in 2009, the maximum amounts of financial penalties imposed by the RPP will be increased. The draft legislation provides for the following changes:

• Failure to undertake the actions required by the decision to eliminate the effects of a violation of collective patient rights: increase from PLN 500,000 to PLN 1,000,000;
• Failure to submit documents or information upon the RPP’s request: increase from PLN 50,000 to PLN 100,000.

The Ministry of Health is responsible for drafting and submitting the proposed legislation. The planned adoption date by the Council of Ministers is set for the second quarter of 2025.