§ 1
1) Tartaczna 2 Medical Centre with its registered office in Gdańsk (80-839) at ul. Tartaczna 2/1A (hereinafter referred to as the Medical Centre), is a medical entity carrying out medical activities pursuant to the Act of 15 April 2011 on Medical Activity, register book number 000000230464, registration authority Pomeranian Voivode in Gdańsk, REGON 386604641, NIP 5833402512.
2) These Regulations define
a) objectives and tasks, a type of medical activity and the scope and place of provided health services,
b) organisational structure
c) a fee for allowing access to the medical documentation (determined in the manner specified in Article 28(4) of the Act of 6 November 2008 on Patient Rights and the Patient’ Rights Ombudsman);
d) organisation of the process of providing health services,
e) fees for health services
f) manner of processing complaints.
3) The Medical Centre conducts medical activity on the basis of currently binding regulations governing the provision of health services and patient rights, including in particular the provisions of:
a) the Act of 15 April 2011 on Medical Activity;
b) the Act of 06 April 2008 on Patients' Rights and Patients' Rights Ombudsman;
c) the Act of 5 December 1996 on Doctors and Dentists Professions;
d) the Act of 15 July 2011 on the Occupation of Nurses and Midwives;
e) the Regulation of the Minister of Health of 6 April 2020 on the Types, Scope and Models
of Medical Records and Manner of Their Processing;
4) The Regulations apply to all employees and other persons providing services on another legal basis to the Medical Centre
5) The current content of these Regulations is made available by placing it in a publicly accessible place at the registration desk and on the website.
§ 2
1) The Medical Centre provides health services of an outpatient nature, in particular within the following scope:
a) obstetrics and gynaecology
b) clinical oncology
c) urology
d) endocrinology
e) cardiology
f) allergology
g) paediatric otolaryngology
h) radiology and diagnostic imaging
i) surgical oncology
j) orthopaedics and traumatology of musculoskeletal system
k) general surgery
l) neurology
m) dermatology and aesthetic medicine
n) venereology
o) mental health
p) sexology
q) physiotherapy
r) palliative medicine and pain management
s) vaccines
t) plastic surgery
u) internal medicine
2) The primary task of the Medical Centre is providing health care for patients and ensuring comprehensive services, including:
a) medical examinations and advice;
b) advice and treatment;
c) preventive and health promotion activities and health education, including cooperation with other health care organisational units, schools, workplaces, organisations and associations
d) providing opinions on the health condition;
e) performing other tasks of a medical entity resulting from the provisions of separate laws.
3) By pursing the objectives and implementing the tasks, the Medical Centre provides patients with health care in accordance with the current state of medical knowledge and at an appropriately high level.
4) The abovementioned services are provided by persons having professional qualifications and licenses provided for by law, in compliance with all the requirements for provision of services specified by currently binding regulations and within medical principles.
5) The services are provided to patients under fee-for-service scheme on the basis of a price list established by the Medical Centre. The fees are specified in an appendix hereto.
6) The Medical Centre may participate in preparation of individuals for medical professions through organising postgraduate traineeships, specialisation training and other forms of professional development.
§ 3
1) The Medical Centre is managed and supervised by the Management Board, which is responsible for its proper functioning and current operation in accordance with currently binding regulations.
2) The Medical Centre consists of the following basic organisational units:
a) an outpatient obstetrics and gynaecology clinic
b) an outpatient oncology clinic
c) an outpatient urology clinic
d) an outpatient endocrinology clinic
e) an outpatient cardiology clinic
f) an outpatient allergology clinic
g) an outpatient otolaryngology clinic
h) an outpatient ultrasound clinic
i) an outpatient surgical oncology clinic
j) an outpatient orthopaedic clinic
k) an outpatient general surgery clinic
l) an outpatient neurology clinic
m) an outpatient dermatology and aesthetic medicine clinic
n) an outpatient mental health clinic
o) an outpatient sexology clinic
p) a diagnostic and therapeutic consulting room
q) an outpatient lactation clinic
r) a midwife's surgery
s) an outpatient midwife clinic
t) a blood collection facility
u) an outpatient paediatric cardiology clinic
v) an outpatient manual therapy clinic
w) an outpatient pain management clinic
x) a vaccination centre
y) an outpatient plastic surgery clinic
z) an outpatient internal medicine clinic
3) The tasks of the abovementioned organisational units include providing comprehensive health care to patients in accordance with the medical profile of a particular outpatient clinic, on the premises of the Medical Centre designated for that purpose and, if necessary, also via ICT systems or communication systems. Particular organisational units perform administrative activities related to their operation.
4) Each outpatient clinic should display, in a place generally accessible to patients, legible information on the registration method, outpatient clinic’s working days and hours, names of physicians and other medical professionals employed in the outpatient clinic and their work schedule, specifying the hours of work of each of them.
5) The Management Board of the Medical Centre determines the detailed scope of duties and responsibilities of each person who providing services to it, and may appoint managers or coordinators of individual organisational units, determining the detailed scope of their duties and responsibilities, subject to section 6
6) The tasks of the manager or coordinator include, in particular:
a) supervision over the appropriately high quality of the health services provided,
b) ongoing and periodical control of work of subordinate employees
c) supervision over correctness of medical records and established circulation of documents,
d) encouraging employees to broaden their professional qualifications,
e) immediate reporting to the Medical Centre's Board of any identified violations of the principles of the medical profession.
7) Persons providing services to the Medical Centre within the aforementioned organisational units are obliged to cooperate in order to ensure efficient and effective functioning of the Medical Centre in terms of diagnostics, treatment, nursing, administration and management, and personal data protection.
§ 4
1) The Medical Centre provides health services in the manner that is the most convenient to the patients.
2) In justified cases, health services can also be provided outside the premises of the Medical Centre (e.g. at home), as well as via ICT systems or communication systems.
3) Patients are registered and admitted on a first-come, first-served basis with the use of the ICT system, telephone registration or in person.
4) A physician or another medical professional is obliged to inform the patient which health services are included within the purchased medical procedure and which are not covered by the price, in particular, the principles of payment for medical procedures performed in the case of typical post-treatment complications.
5) The Medical Centre retains the right to refuse to provide all or part of a health service, if, having carried out examinations and interviewed the patient, it is established that the patient - for medical reasons - cannot be qualified for a given procedure or medical treatment.
6) The Medical Centre may not refuse to provide priority health services to a person who needs it immediately due to a threat to life or health.
7) The patient being provided the health services has, in particular, the right:
a) to have their dignity and intimacy respected during provision of services and to be treated courteously by the staff of the Medical Centre,
b) to health services provided by the personnel with appropriate qualifications, with due diligence, in accordance with the current requirements of medical knowledge and principles of professional ethics (as defined by the relevant medical professional self-governing body)
c) to receive reliable and accessible information on the health condition, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their application or abandonment, results of treatment and prognosis,
d) to be allowed access to medical records concerning their health condition and the health services provided,
e) to give or refuse consent to receive particular health services following comprehensible information on the proposed diagnostic or therapeutic methods,
f) to be informed about their rights,
g) to information on the type and scope of health services provided by the Medical Centre.
8) At the patient's request, a close relative may be present during provision of health services, except when there is a probable epidemic threat or due to the patient's health safety.
9) The patient is obliged, among others, to:
a) observe these Regulations,
b) respect the ban on smoking, drinking alcohol and taking intoxicants on the premises of the Medical Centre,
c) observe personal hygiene,
d) observe safety and fire precautions.
e) follow the recommendations of a physician, nurse, midwife or physiotherapist.
10) In the process of providing health services, the Medical Centre may cooperate with other entities performing medical activity in the scope of ensuring correct and comprehensive diagnostics, treatment of patients and continuity of the procedure, while observing the currently binding principles of personal data protection and allowing access to medical records.
11) Diagnostic tests or other procedures necessary for the treatment process, which cannot be performed at the Medical Centre, can be performed at other entities performing medical activity with which the Medical Centre has signed agreements. Before being referred for diagnostic tests, the patient will be informed each time about the place where the diagnostic tests are to be performed.
§ 5
1) The patients’ medical records are stored in an electronic form,
within the scope and on the basis of the currently binding regulations which regard the principles of their storage.
2) Medical professionals are obliged to regularly maintain the patient's medical records, ensuring that the entries are made on an ongoing basis, in accordance with the actual state of affairs and in a legible manner.
3) Access to the medical records is allowed to the patient or the patient's statutory representative, a person authorised by the patient, as well as to other entities authorised to obtain them within the scope and under the principles provided for in the currently binding provisions of the aforementioned Act on Patients' Rights or pursuant to other provisions of law:
a) for review at the entity's registered office;
b) by making photocopies, copies (copying the text of the original medical records with faithful compliance of the content with the original) and extracts (a document containing selected information or data from the entire medical records);
c) by handing over an original copy with acknowledgement of receipt and subject to return after use, at the request of public authorities or common courts, and where delay in handing over the records could put the patient’s life or health at risk;
d) by electronic means of communication;
e) on a digital media device
4) In their request, the patient or an authorised person specifies the scope of the records they want access.
5) The persons authorised by the Medical Centre to allow access to the medical records take decisions on allowing access to the medical records or on refusing access without undue delay, however, within the period not exceeding 7 days from the date of submitting the request. Refusal to provide access to medical records requires a written form and a justification, which is promptly provided to the requestor.
6) The Medical Centre maintains a list of accessed medical records, which includes the date of submitting the request, the scope and manner of access, the person providing access to the records and the date of access.
7) Patient’s medical records are stored according to the principles specified in the currently binding regulations.
§ 6
1) Pursuant to Article 28 of the abovementioned Act on Patients' Rights, the maximum fees for providing access to the medical records are as follows:
a) for 1 page of an extract or a copy: it cannot exceed 0.002 of the average monthly remuneration in the previous quarter, as announced by the President of the Polish Central Statistical Office;
b) for 1 page of photocopy: it cannot exceed 0.00007 of the average monthly remuneration in the previous quarter, as announced by the President of the Polish Central Statistical Office;
c) on a digital media device: it cannot exceed 0.0004 of the average monthly remuneration in the previous quarter, as announced by the President of the Polish Central Statistical Office;
2) The fees currently in force are announced to employees, patients and their families and third parties by posting them on the notice board and placing the information on the website of the Medical Centre.
3) The abovementioned fees are not charged in cases where the currently binding regulations provide that access to the medical records should be allowed free of charge, in particular in the following cases:
a) when access to the medical records is allowed to a patient or their legal representative for the first time in exercise of the right of access referred to in Article 15(3) of the Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the Protection of Individuals with Regard to the Processing of Personal Data (RODO)
b) in connection with proceedings before the Regional Commission for Evaluation of Medical Events
c) allowing access to the medical records to interested parties and pension authorities in cases of benefits provided for in the Act of 13 October 1998 on the Social Insurance System and in the Act of 17 December 1998 on Old-Age and Disability Pensions from the Social Insurance Fund
d) in case of allowing access to the medical records to the Agency for Health Technology Assessment and Tariff System and to the Agency for Healthcare Research.
e) in case of allowing access to the medical records for review on the premises of the Medical Centre.
4) The time limit for reviewing the medical records is determined by an authorised employee of the Medical Centre.
5) An employee of the Medical Centre must be present during the review of the medical records. A person reviewing the medical records is entitled to make notes or photocopies with their own technical equipment.
§ 7
1) A patient or their legal representative or de facto carer has the right to lodge a complaint against the Medical Centre or its staff. The subject of the complaint may be medical and administrative misconducts or infringement of patient's rights.
2) The Management Board of the Medical Centre is obliged to address the content of each submitted complaint and, if the complaint is accepted, to take action to remedy the consequences of the identified misconduct and to take appropriate consequences against the employee who has committed the culpable misconduct.
3) If, in the course of processing a complaint, a reasonable suspicion arises that a criminal act has been committed, the Medical Centre Management Board will request the relevant law enforcement authorities to investigate the matter.
4) If the subject of the complaint cannot be clearly defined, the author of the letter is requested to submit additional information within 7 days. Failure to provide additional information by the abovementioned person results in leaving the complaint unprocessed. A repeated complaint, i.e. on matters which have already been considered, are left unprocessed unless the author of the letter presents new facts or circumstances.
5) The Management Board of the Medical Centre immediately, but no later than within 30 days from the date of receipt of the complaint, informs the complainant of the manner in which the complaint has been processed.
§ 8
1) In matters not covered by these Regulations, current legal regulations are applicable, in particular those concerning the principles of conducting medical activity, keeping medical records, practicing medical professions and protecting patients' rights.
2) The Regulations come into force on 15 September 2021.