On Wednesday, a regulation enters into force on the basis of which pharmacies can sign contracts allowing the sale of non-prescription products to persons from 15 years of age to childicides known under the general name as ‘day after’ pills.
The legalization of 1 of the ways of pharmacological abortion as is called taking the alleged "day after" pills was included on the list of "100 specifics for the 100 first days of government" of Donald Tusk's party. The governing Polish coalition on 13 December wanted to introduce specified a criminal act by means of a bill, but fortunately it was vetoed by president Andrzej Duda. In response, wellness Minister Izabela Leszczyna (by education, a philologist, by profession of teacher) decided to “go” against the head of state and to announce the applicable regulation.
The Ordo Iuris Institute has made a number of critical remarks on the actions of Leschina and the wellness department.
The solutions adopted in the draft regulation are based on the presumption that the release of the alleged day after pill from the pharmacy may happen without the participation of a doctor, which is besides to apply to minors between 15 and 18 years of age. The basis for the release of specified a product, e.g. to a kid aged 16, would be the alleged pharmaceutical interview and a pharmaceutical prescription based on it. While the law allows the pharmacist to conduct specified an interview and to issue specified a prescription, it does not let the conditions set out in the draft regulation.
In particular, a pharmaceutical interview may precede the selection and issue of a product from a pharmacy with a category which is referred to as ‘issued without a prescription — OTC’ (Article 23a(1)(UPF). Meanwhile, the veto of the amendment of the Act by the president of the Republic of Poland resulted in the fact that pills ‘day after’ as contraceptives, inactive fall under the category of availability ‘issued with a prescription’ (Article 23a(1)(2) UPF). The Pharmaceutical Professional Act does not supply for the anticipation of conducting a pharmaceutical interview to choice and issue a product of this category of availability, including day after pills.
In addition, an interview by a pharmacist in order to give a prescription to a patient should be qualified as a subject examination of the patient, i.e. a wellness examination, which, in accordance with the Act on Doctors and Dentists, is an act reserved for doctors. Importantly, the pursuit of the profession of doctor by a individual who does not have specified rights is even at hazard of criminal liability. In the opinion of the Ordo Iuris Institute, this would be the case in this case, as the pharmacist participating in the pilot strategy would act to accomplish a wealth benefit. The financial benefits to flow from participation in the programme were besides highlighted in the Communication of 4 April 2024 on the website of the Ministry of Health.
Another problem concerns the issue of pharmaceutical prescriptions directly. According to the provisions of the Pharmaceuticals Act, specified a prescription is only possible if the patient is at hazard of health. Physiological pregnancy is not a wellness emergency and subjective conviction of the patient that pregnancy is unwanted, this situation does not objectively change. In the absence of a wellness risk, the pharmacist may not issue a prescription referred to in the draft regulation referring to Article 96(4) of UPF.
Ordo Iuris besides stresses that, erstwhile providing for interviews with patients under the age of 18, the draft regulation completely omitted their parents, whose presence in the provision of wellness services to minors is compulsory. Therefore, the pharmacist should send the underage patient who is reported to the pharmacy to issue the ‘day after’ pill without her legal typical (parent).
– The draft regulation violates a number of existing laws, including the practice of pharmaceuticals and the pursuit of the profession of doctor, as well as the pharmaceutical law and the Patient Rights Act and the Ombudsman. The applicable application of these rules exposes pharmacists to professional, financial and criminal liability Katarzyna Gęsiak, manager of the Center for Medical Law and Bioethics Ordo Iuris, stressed.
Source: PAP / Develop. TG
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