disciplinary measures taken in cases of medical misconduct in the eu member states konstanty...
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Disciplinary measures taken in cases of medical misconduct in
the EU Member States
Konstanty Radziwill
CPME, Ethics and professional codes Subcomitee, chairman
Polish Chamber of Physicians and Dentists, president
Paris, November 6-7th, 2004
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Disciplinary measures taken in cases of medical misconduct in the EU Member
States
• Automatic recognition of qualifications
• Free movement of physicians
• Physicians practising in two (or more) states
• Timely practising physicians
• 25 systems of licensing/registration/profesional liability
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Disciplinary measures taken in cases of medical misconduct in the EU Member
States
In order to safeguard patients:
• Need of knowledge about imigrating physician
• Need to share information to the host country
• Need to coordinate at least the severest accidents
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Disciplinary measures taken in cases of medical misconduct in the EU Member
States
Interested parties;
• CEOM
• CPME
• Regulatory bodies
• ...
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Disciplinary measures taken in cases of medical misconduct in the EU Member
States
Philippe Biclet ( CEOM) & Konstanty Radziwill (CPME):
• Questionnaire of disciplinary measures taken in cases of medical misconduct in the EU Member States: 14 questions
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Questionnaire
1. Who is in charge of licensing/registration of physicians:
• 1.1. medical organization?
• 1.2. governmental administration?
• 1.3. independent institution established especially for this purpose?
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Questionnaire
2. Is there any independent procedure concerning disciplinary measures taken in cases of medical misconduct?
3. What is the basis of the physicians disciplinary liability:
• 3.1. infringement of the principles of the professional ethics?
• 3.2. infringment of the legal regulations of the proffesion of a physician?
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Questionnaire
4. What are the regulations concerning disciplinary measures taken in cases of medical misconduct:
• 4.1. legal regulations?
• 4.2. regulations of the medical organization?
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Questionnaire
5. Which institution proceeds in the subject of the disciplinatory liability of physicians:
• 5.1. medical organization? • 5.2. governmental administration?• 5.3. common courts?• 5.4. independent institution established
especially for this purpose?
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Questionnaire
6. What is the composition of the body examining complaints:
• 6.1 physicians (elected?)?
• 6.2. lawyers (judges?)?
• 6.3. individuals outside the profession?
• 6.4. administrative employees?
• 6.5. other definite individuals?
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Questionnaire
7. Do the courts have to pass information to the disciplinary body:
• 7.1. in case of misconduct in non professional field (about proceedings taken or final sanctions?)?
• 7.2. in case of misconduct in professional field (about proceedings taken or final sanctions?)?
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Questionnaire8. What are the possible penalties in the disciplinary
matters:• 8.3. admonition?• 8.4. reprimand?• 8.5. fine (range)?• 8.6. limitation of the scope of the professional practise?• 8.7. prohibition to hold specified posts? • 8.9. prohibition to exercise the profession of a physician
(how long?)? • 8.10. public announcement of the fact of a punishment? • 8.11. other judgments?
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Questionnaire
9. Is there any registry of the convicted physicians:
• 9.1. at a national level?
• 9.2. at a regional level?
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Questionnaire
10. Is the fact of a penalty:
• 10.1. public?
• 10.2. disclosed only for definite individuals/institutions?
• 10.3. confidential?
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Questionnaire
11. Is there a legal provision on cleaning past sentences?
12. What kind of information is needed to register a foreign physician:
• 12.1. information on non suspending/forfeit the license?
• 12.2. information on final penalties?• 12.3. information on pending procedures taken
against a physician?
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Questionnaire
13. Is there a mandatory professional civil liability insurance for all physicians? 13.1. Is the licensing/registrating authority allowed to ask the insurance companies for information related to the doctor's practise?
• 13.2. Would the licensing/registrating authority be interested in a systematic report of the physician's insurance concerning all litigation related to the professional practise?
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Questionnaire
14. Do you think an "European passport of a physician" coud help in dealing with physicians changing country of practise?
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Answers - Poland
1. Who is in charge of licensing/registration of physicians:
medical organization PCPD* - regional chambers2. Is there any independent procedure concerning
disciplinary measures taken in cases of medical misconduct? Yes
3. What is the basis of the physicians disciplinary liability
infringement of the principles of the professional ethics
infringement of the legal regulations of the profession of a physician
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Answers - Poland
4. What are the regulations concerning disciplinary measures taken in cases of medical misconduct:
legal regulations - Act on the professions of physician and dentist and Act on medical chambers
regulations of the medical organization 5. Which institution proceeds in the subject
of the disciplinatory liability of physicians:medical organization - PCPD*
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Answers - Poland
6. What is the composition of the body examining complaints:
physicians elected by medical assemblies
7. Do the courts have to pass information to the disciplinary body?
in case of misconduct in professional field they pass it only when accessorily to the verdict they decide to prohibit to practice the profession
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Answers - Poland
8. What are the possible penalties in the disciplinary matters:
aadmonitionrreprimandlimitation of the scope of the professional practise can
be decided only because of the health problems (by medical councils) - not as a penalty
prohibition to hold specified posts can be an accessory penalty decided by penal courts
prohibition to exercise the profession of a physician for 6 months - 3 years (suspension) or forever
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Answers - Poland
9. Is there any registry of the convicted physicians:at a national level it is performed by PCPD*10. The fact of a penalty: is disclosed only for definite individuals/institutions eg.
to competent authorities from UE member states hosting a physician
confidential - Yes 11. Is there a legal provision on cleaning past
sentences?Yes - 3-5 years (depends on kind of penalty)
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Answers - Poland
12. What kind of information is needed to register a foreign physician:
information on non suspending/forfeit the license – Yes
information on final penalties - Yes
information on pending procedures taken against a physician - Yes
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Answers - Poland13. Is there a mandatory professional civil liability
insurance for all physicians? only for self-employed physicians contracted by
public payer13.1. Is the licensing/registration authority allowed to
ask the insurance companies for information related to the doctor's practice?
Yes 13.2. Would the licensing/registration authority be
interested in a systematic report of the physician's insurance concerning all litigation related to the professional practice?
No - complaints come first to the PCPD*
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Thank you very much for your attention