Disciplinary measures taken in cases of medical misconduct in the EU Member States

Disciplinary measures taken in cases of medical misconduct in

the EU Member States

Konstanty RadziwillCPME, Ethics and professional codes

Subcomitee, chairmanPolish Chamber of Physicians and

Dentists, presidentParis, November 6-7th, 2004

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

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

Disciplinary measures taken in cases of medical misconduct in the EU Member

States

Interested parties;• CEOM• CPME• Regulatory bodies• ...

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

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?

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?

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?

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? 

Questionnaire6. 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? 

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?)?

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?

Questionnaire

9. Is there any registry of the convicted physicians:

• 9.1. at a national level?• 9.2. at a regional level?

Questionnaire

10. Is the fact of a penalty: • 10.1. public?• 10.2. disclosed only for definite

individuals/institutions? • 10.3. confidential?

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?

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?

Questionnaire

14. Do you think an "European passport of a physician" coud help in dealing with physicians changing country of practise?

Answers - Poland1. 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 

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*

Answers - Poland

6. What is the composition of the body examining complaints:

physicians elected by medical assemblies7. 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

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

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)

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

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*

Thank you very much for your attention