Big change in prescribing

The possibility of issuing prescriptions for free of charge certain reimbursed drugs, foodstuffs for special nutritional purposes or medical devices is to be given to physicians and nurses regardless of the type of service provided, as a consequence of which the prescription is issued, and regardless of the fact that they have, or do not have (which applies to physicians providing services within the framework of private professional practice), any contract with the National Health Fund.

According to Article 43a (1) and (1a) of the Act of August 27, 2004 on health care services financed from public funds, a physician is authorized to issue prescriptions for the above-mentioned drugs, agents or devices, but not every physician, but only those who have entered into a contract with the National Health Fund (NFZ) to provide health care services in one of three areas: primary health care, outpatient specialized care or hospital treatment.

Also authorized to issue the aforementioned prescriptions are so-called "retired doctors" who issue prescriptions for themselves or their relatives, as well as certain nurses. In view of this wording of the regulations, the above-mentioned prescriptions cannot be issued by physicians who provide health care services under any contracts other than those pertaining to the above-mentioned ranges of services (including, for example, psychiatric care and addiction treatment, dental treatment, palliative and hospice care, etc.), as well as by physicians who have not entered into any contracts with the National Health Fund, i.e. physicians acting as private practice providers.

This issue has been raised and reported to the Ministry of Health since the amendment of the above-mentioned regulations under the Act of August 17, 2023, amending the Act on Reimbursement of Medicines, Foodstuffs for Special Dietary Purposes and Medical Devices and Certain Other Acts (Journal of Laws, items 1938 and 2105), as limiting access to free pharmacotherapy and differentiating the legal position of physicians.

Project: TU

Source: RCL