Ombudsman Marcin Wiącek has approached the Health Minister with a proposal for changes to the regulations on granting licenses to practice the professions of doctor, dentist, nurse and midwife. He believes that the current regulations may violate constitutional freedoms and do not take into account the principle of presumption of innocence. After the ministry failed to respond, the RPO referred the matter to the prime minister. The ministry says it intends to make changes at the next revision of the laws.
RPO intervenes on access to medical professions. MZ: we are planning changes
Published June 3, 2025 14:25
The Ombudsman, in an official statement to Health Minister Izabela Leszczyny, has proposed changes to laws regulating access to medical professions. The Ombudsman's intervention relates to situations in which applicants for the right to practice as doctors, dentists, nurses or midwives are subject to criminal proceedings, although there has not yet been a final conviction.
Currently, in order to obtain a license to practice a profession, a declaration is required that a person is not subject to criminal proceedings for an intentional or fiscal offense. As the ROP points out, a person against whom such proceedings are pending - even without a conviction - cannot legally begin working in the profession. This can mean months or even years of exclusion from the labor market, which the Ombudsman considered a disproportionate restriction of the constitutional right to practice a profession.
In Marcin Wiącek's proposed amendment, a professional applicant against whom criminal proceedings are pending would be able to submit an alternative statement - informing of the pending proceedings with their reference and scope. At the same time, the relevant organs of the professional self-government (medical or nursing courts) would be able to assess on a case-by-case basis whether the circumstances of the case justify the suspension of the licensing proceedings.
More, the ombudsman pointed out, it is not necessary to automatically exclude from the possibility of obtaining the right to practice a profession. Professional self-governments have the competence and duty to assess a candidate's fitness to practice in the public interest. Their action is already regulated, among others, by Article 77 of the Law on Chambers of Physicians and Article 55 of the Law on the Self-Government of Nurses and Midwives.
Constitutional arguments
The ROP notes that the current legislation may violate Article 65(1) of the Polish Constitution, which guarantees freedom of choice and practice of a profession. Restricting access to a profession without a final judgment may also contradict the principle of proportionality (Article 31(3) of the Constitution) and the constitutional principle of presumption of innocence (Article 42(3)).
The ombudsman stresses that he does not question the need for supervision of the medical professions - especially since they are professions of public trust. However, he points out that there are already mechanisms in place to allow local governments to assess the legal situation of a doctor or nurse without automatically excluding them from being able to work.
Health Ministry response
On June 3, 2025, Marcin Wiącek asked the Prime Minister to intervene in this matter. In its response, the Ministry of Health acknowledged that it sees the legitimacy of the comments made, and announced that appropriate legislative action would be taken in the next amendment of the regulations governing the medical profession.
Source: RPO
