Lex charlatan to subcommittee

During the first reading of the bill, various demands rang out - from holding a public hearing (and, in fact, rejecting the bill) to passing it as soon as possible. However, the majority of MPs supported the motion of Janusz Cieszynski (Law and Justice), who stressed that the merits of the bill were not in doubt, as patients and those in need of medical help should be protected from swindlers and charlatans, but expressed doubt as to whether the government's proposals were sufficiently carefully prepared. And, above all, whether they do not go too far. That they go too far, in turn, was said by both other MPs - whether emphasizing the uncertain fate of the herbal industry or pointing out that "quietly" the draft also included provisions giving the MPC the ability to punish medical entities as well, which should not be connected with the fight against charlatanry at all.

As a result, as early as the discussion stage, Marta Golbik (KO), chairwoman of the Health Committee, signaled that she and the coalition would accede to the request to set up a subcommittee, because the project needs a thorough analysis, although directionally it is right.

There are absolutely fundamental doubts about this. MPs pointed out that the MPC is to be both a prosecutor and a judge in the proceedings (although, of course, its decisions will be subject to administrative appeal). And that it will arbitrarily - even if in cooperation with experts - decide what is and what is not in accordance with the principles of EBM or, to put it simply, what is pseudo-medicine. And while the cited examples of charlatanism did not raise any doubts among MPs, they pointed out that when passing a law, it is necessary to watch the precision of the solutions, so that an official like the MPC is not given too much power in ambiguous matters. Boleslaw Piecha (Law and Justice) also pointed out an important theme, recalling that many of the therapies for which collections are made are experimental (and even beyond the scope of a formal experiment). Members also stressed that the law must not be dead and the regulations helpless in the face of the reality created by the Internet, in which various solutions are available at our fingertips - not necessarily in Poland.

Emotions are also aroused by the amount of penalties the new regulations provide for. There will be a penalty of up to PLN 1 million for violating the collective rights of patients, and up to PLN 100,000 for failing to cooperate with the ombudsman. These sanctions will also apply if the activity is terminated just before the decision is issued.

The draft lex impostor already stirred up emotions at the public consultation stage, mainly among associations of herbalists, acupuncturists, homeopaths and beauty salons. Comments on the draft - nearly 5,000 in total - were submitted by many institutions and organizations. Critical (though not denying the need for such a regulation) comments were made by, among others, the Supreme Medical Council, the Supreme Council of Nurses and Midwives, employers' organizations, patients and trade unions.