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Patient Ombudsman imposes penalties. It is about prescriptions issued online

MedExpress Team

Medexpress

Published Aug. 1, 2025 07:30

Patient Ombudsman Bartlomiej Chmielowiec has already issued 49 decisions against entities offering to issue online e-prescriptions for narcotic and psychotropic drugs without personally examining the patient. After the law was amended in November 2024, these activities continue to raise serious concerns. The ombudsman not only halts the activities of the law-breaking services, but also imposes fines amounting to hundreds of thousands of zlotys.
Patient Ombudsman imposes penalties. It is about prescriptions issued online - Header image
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No e-prescription without examination

Patient Ombudsman Bartlomiej Chmielowiec is responding to abuses of mass prescriptions for potent drugs by online platforms offering e-prescriptions online. To date, he has issued 49 decisions, finding that the activities of such entities violate the collective rights of patients. As many as 19 of the decisions came after the revised Health Ministry regulation of November 7, 2024 came into effect.

According to the regulations, a prescription for drugs such as fentanyl, morphine, oxycodone or medical marijuana can only be issued after a personal examination of the patient. The exception is the continuation of treatment by a primary care physician. The regulation makes it clear that it is not permissible to prescribe these types of drugs solely on the basis of an online form or a patient's statement.

Patient safety over convenience

As the Ombudsman emphasizes, the primary duty of a health care provider - whether in the office or in the form of an e-consultation - is to ensure the safety of the patient. This means a sound assessment of the patient's condition, diagnosis and medical justification for the use of a particular treatment. A therapeutic decision cannot be based solely on declarations made by the patient in an online form. This is not only incompatible with regulations, but can also constitute a crime.

Sanctions and legal action

The Ombudsman does not stop at administrative decisions. He has already twice imposed financial penalties on entities that did not comply with his decisions - in the amount of PLN 234,000 and PLN 280,800. The first penalty was upheld by the Regional Administrative Court, which confirmed that patient safety requires personal contact with the doctor.

In 2025, the Ombudsman has opened another 32 proceedings against sites issuing large numbers of e-prescriptions for controlled drugs. Five of these involve cases where administrative decisions have already been made previously.

Not only entities - also doctors

Although the investigations primarily concern online e-prescribing service providers, the Ombudsman also reports possible violations by doctors themselves. Signals concerning 21 doctors have been sent to the district professional responsibility ombudsmen, and in three cases a notice of suspected offense has been filed.

Source: MPC

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