New obligations for health care employers as of February 15

The law enters into force on February 15, 2024, and on that date new obligations will arise for health care providers.

According to Article 3(1) of the Law, the specific protection measures against the risks of sexual crime referred to in Article 1 are the following "the obligations of employers and other organizers with respect to activities related to related to upbringing, education, recreation, treatment, provision of psychological counseling, spiritual development, the practice of sports or the pursuit of other interests by minors, or with the care of them, as well as employees and other persons permitted to engage in such activities."

According to the referenced law, employers - before entering into an employment relationship with a person related to upbringing, education, recreation , treatment, provision of psychological counseling, or care for them, have the right in terms of obtaining information on whether the data of that person is collected in the Sex Offender Registry.

In addition, according to the referenced law, other organizers - before allowing a person to engage in activities related to treatment, provision of psychological counseling, or care for them, have the right in terms of obtaining information on whether the data of this person is collected in the Sex Offender Registry.

Before entering into an employment relationship with a person or before allowing a person to engage in other activities related to the treatment, provision of psychological counseling, or care of such persons, certain obligations are imposed on the employer or other organizer of such activities and on the person with whom the employment relationship is to be established or who is to be allowed to engage in such activities.

The employer or other organizer shall obtain information on whether a person's data is included in the Register of Sexual Offenders with Restricted Access or in the Register of Persons for whom the State Commission for the Prevention of Sexual Exploitation of Minors under 15 years of age has issued a decision on entry in the Register.

The performance of duties is not required before admitting to the activity of treating, providing psychological counseling or caring for them, a member of the minor's family, or a person personally known to the minor's parent or the minor's legal representative, when it is performed for a minor child whose parent or legal representative is the admitting party to the activity.

Whoever allows a person to work or engage in other activities related to the treatment, provision of psychological counseling, or care of them without obtaining information on whether the person's data is included in the Register of Sexual Offenders with Restricted Access or in the Register of Persons with respect to whom the State Commission for the Prevention of Sexual Exploitation of Minors under 15 years of age has issued a decision on entry in the Register, shall be punished by arrest, restriction of liberty or a fine of not less than PLN 1,000.

Whoever allows a person to work or engage in any other activity related to treatment, provision of psychological counseling, or care, knowing that the data of this person is included in the Register, or knowing that he or she has been validly convicted of an offense specified in Chapters XIX and XXV of the Penal Code, an offense specified in Article 189a and Article 207 of the Penal Code, or in the Act on Counteracting Drug Addiction of July 29, 2005, shall be punished by arrest, restriction of liberty, or a fine of not less than PLN 1,000.

Thus, any employer whose activities are related to treatment, psychological counseling, or care, as of February 15, must implement procedures to ensure the performance of obligations under the referenced legislation, i.e. the Law of July 28, 2023, amending the Law - Family and Guardianship Code and certain other laws.