Advertising by doctors following the 2024 amendments to the Code of Medical Ethics from the perspective of European Union law

Abstract

The research objective of this article is to assess whether the national regulations on advertising by doctors currently in force comply with the requirements of EU law. The authors hypothesize that the regulations effective from 1 January 2025, introduced by the resolution no. 5 of the Extraordinary XVI National Congress of Doctors dated 18 May 2024, are not in compliance with EU law requirements. The conducted analysis conducted leads to the conclusion that there still exists a prohibition on the advertising of medical services, which is inconsistent with Directive 2000/31/EC and Article 56 of the Treaty on the Functioning of the European Union.  Consequently, the prevailing regulations in Poland contained within the Act on Medical Activity and the Code of Medical Ethics should be amended. It would be appropriate to introduce the possibility for doctors to use commercial information, while simultaneously defining its form, scope, and content. Any introduced restrictions should be aimed at ensuring compliance with the principles of practising medicine, particularly concerning independence, dignity, and the prestige of the profession, professional confidentiality, and integrity towards patients and other medical professionals. Moreover, the changes introduced must be proportionate, justified by a superior public interest, and non-discriminatory. These requirements correspond to the necessity of observing procedural rules. The procedure for implementing EU law requires conducting an objective and independent assessment of new regulations and consultations to ensure their compliance with the principles of proportionality, justification, and non-discriminatory nature.