UKRAINIAN AND AMERICAN DOCTORS – PERMIT TO WORK AS A PHYSICIAN IN POLAND

For the fast tract war rules please see Procedure 3 and Procedure 4 below.

US CITIZENS

PROCEDURE NO. 1 FOR DOCTORS WITH SPECIALIZATION (US specialty board certification)

– Applicable to physicians educated and trained in the USA.

– Limited permit to practice in a specific range of activities, time period and designated place.

– Practice limited to one registered health care institution (without COVID restrictions).

– Procedure is more of a formality.

REQUIREMENTS

A person who has obtained medical qualifications outside of the EU may be granted special permission to practice as a physician and be awarded the conditional permit to practice medicine (hereinafter referred to as “Permit”) for a specific scope of professional activities, period and place of employment in a registered healthcare facility (i.e. hospital) if he/she meets the following criteria:

• has made a written statement of personal knowledge of the Polish language, sufficient to perform the assigned scope of professional activities;
• has obtained a certificate from the registered healthcare institution in Poland, containing a list of organizational units of that institution and the period of planned employment with indication of the range of professional activities corresponding to the range of practice of a specialist in a given field of medicine (hereinafter referred to as “Certificate“);
• has full legal capacity;
• is medically fit to practice medicine
• demonstrates an impeccable ethical attitude, i.e.:

– a declaration of no criminal record made under the threat of criminal liability or.

– document confirming clean criminal record (if it is possible to obtain it in the country of origin);

• has at least three years of professional experience as a specialist (attending) physician during the five years immediately prior to obtaining the Certificate, such experience should be confirmed by the document issued by a competent authority in the country of origin;
• possesses a medical school diploma, issued in a country other than a Member State of the European Union, the total academic curriculum must have been at least five years
• has a diploma of a specialist physician (equivalent to the US board certification), issued in a country other than a Member State of the European Union,
• has completed postgraduate physician’s training (equivalent to US residency / fellowship) corresponding in essential elements to the program of physician specialization training in the Republic of Poland.

PERMIT

– Granted in the form of an administrative decision at the request of the interested party by the Minister of Health of the Republic of Poland.

– Determines the scope of professional activities and the period and place of employment in the registered healthcare facility indicated on the Certificate.

– Permit effective immediately.

– Permit issued for a period not exceeding 5 years.

– The Minister of Health may waive the requirement of certificates validation referred to documents listed in points 7 and 8 above, if the fulfilment of this requirement is impossible or significantly difficult.

On the basis of the Minister’s administrative decision, an appropriate district Physician’s Chamber (equivalent to the US State medical licensing board) shall grant the official Permit. The Physician’s Chamber issues the document called “Permit to practice profession of physician in the Republic of Poland” with an official note that it is a conditional permit (similar to the US state limited license to practice medicine). The Permit must be issued by the Physician’s Chamber within 7 days of receiving the decision of the Minister of Health. The healthcare facility that issued the Certificate shall employ the doctor on the basis of an employment contract for a definite period of time, not longer than the period until the expiry of the Permit.

RESTRICTIONS

A physician may not practice in Poland outside the registered healthcare facility issuing the Certificate, except:

• at the request of the physician, the Minister of Health has granted new Permit on the basis of another Certificate, issued by a different healthcare facility, where there is a particularly high demand for health care services provided by physicians;
• the Minister of Health has referred the doctor by way of an administrative decision to work in a healthcare facility, in which there is a particularly high demand for medical services provided by physicians or dentists
• the physician has been delegated to work in combating the epidemic;

4) the physician provides medical services in healthcare facilities providing services to persons whose stay in Poland is considered legal[1] under the extraordinary circumstances (i.e. war refugees).

PROCEDURE NO. 2 FOR DOCTORS WITH DIPLOMA OR SPECIALIZATION (DURING COVID)

– Applicable to physicians educated and trained in the USA.

– Work performed under the supervision of another doctor (in case of holding an specialist diploma then independently after 3 months of supervision).

– Procedure applies only during the COVID-19.

– Work only in a facility dedicated to providing health services to patients with COVID-19 (Minister of Health can give a permission for working also in other facilities).

REQUIREMENTS

During the declaration of an epidemic state, a person who has obtained a medical qualification outside the EU may be granted with a special permission to practice medicine and be awarded a conditional right to practice medicine if:

• has full legal capacity;
• is medically fit to practice medicine
• demonstrates an impeccable ethical attitude, i.e.:

– a declaration of no criminal record made under the threat of criminal liability, or

– document confirming clean criminal record (if it is possible to obtain it in the country of origin);

• possesses a medical school diploma, issued in a country other than a Member State of the European Union, the total academic curriculum must have been at least five years.

CONDITIONS FOR EXERCISING THE PROFESSION

– Holding an additional specialist diploma (issued in a country other than an EU Member State) – he/she may be authorized to independently pursue the profession (but only after the first 3 months under the supervision of a doctor holding a second degree specialization or a specialist title).

– Without specialist diploma – practice under the supervision of a doctor with a second degree specialization or a specialist title.

PERMIT

– Granted in the form of an administrative decision at the request of the interested party by the Minister of Health of the Republic of Poland.

– Permit effective immediately.

– Determines whether a given person may practice the profession independently or under the supervision of a doctor holding a second degree specialization or specialist title.

– Permit issued for a period not exceeding 5 years.

RESTRICTIONS

– Doctor must notify the Minister of Health as to which healthcare provider he has been employed by and for how long, within 7 days of commencing health services at that provider (failure to notify may constitute grounds for withdrawal of consent).

– Doctor with a conditional right to practice cannot practice outside a healthcare provider designated to provide health services to COVID-19 patients in Poland.

The Minister of Health may grant consent for a doctor with a conditional right to practice his/her profession outside a medical entity intended for the provision of health services to patients suffering from COVID-19. This decision is given the order of immediate enforceability. This authorisation shall be granted on application by the doctor. The decision shall indicate the entity in which the doctor concerned will practice.

PROCEDURE NO. 3 FOR DOCTORS WITH LICENCE TO PRACTISE MEDICINE IN THE USA (WAR REGULATION – EXTENSION OF THE EU DOCTORS PRIVILEDGES TO US DOCTORS)

– Having a license to practice medicine in the USA.

– Granted the right to practice in Poland, but only with respect to treatment of Ukrainian citizens.

– Procedure applicable for 18 months as of February 24, 2022.

The procedure in terms of time is as follows:

• Submitting documents and a declaration of intention to practice medicine on a temporary and occasional basis.
• Registration in the register of physicians practicing the profession on a temporary basis.
• Obtaining a certificate on the fulfillment of the obligation to file a certificate and documents from the Naczelna Rada Lekarska (“Supreme Medical Council”).
• Being assigned a number of the right to practice medicine on the basis of a received certificate mentioned above.

REQUIREMENTS

A physician who has the right to practice in the U.S. may temporarily and occasionally practice the profession of a physician, without the need to obtain a license to practice medicine or without the need to obtain an entry in the register of entities performing medical activities, but only in order to provide health services to Ukrainian citizens.

The following documents must be submitted to the Supreme Medical Council:

• a written declaration to practice medicine on a temporary and occasional basis, including, if possible, the place and time of its practice in Poland (hereinafter referred to as “Declaration”),
• document confirming citizenship,
• a certificate issued by the competent authorities of a USA, stating that he/she has the right to practice the profession of physician in that state, which at the time of the statement is not suspended or limited, and that he/she practices the profession of a physician (hereinafter referred to as “USA Certificate”),
• a document confirming formal qualifications of the physician.

PERMIT

– Upon submission of the Declaration and documents, the doctor will be entered in the register of temporary and occasional practitioners kept by the Supreme Medical Council.

– The Supreme Medical Council will issue a certificate of fulfilment of the obligation to submit the USA Certificate and the required documents (hereinafter referred to as “Certificate on the fulfilment of obligations”).

– Allows treatment only for citizens of Ukraine.

– After obtaining the certificate, the Minister of Health assigns a number corresponding to the number of the right to practice at the request of the doctor (which only applies to the treatment of  the Ukrainian citizens).

CONDITIONS

– A Declaration, shall be submitted before beginning to practice the profession in Poland for the first time and shall be repeated in each year in which the doctor intends to practice the profession in Poland on a temporary and occasional basis.

– Doctor shall submit the documents to the Supreme Medical Council before practicing his/her profession in Poland for the first time and each time there is a significant change in the information contained therein.

– Doctor are exempt from the obligation to register with the Social Insurance Institution in order to make settlements related to the temporary and occasional practice of the medical profession (doctor shall inform in writing about the temporary and occasional practice of the profession to the competent branch of the Social Insurance Institution for the place of practice of the profession, either before the commencement of professional activities or, in an emergency, after their performance).

– Doctor shall submit a statement that the premises, facilities and medical equipment, if any, comply with the requirements specified in the provisions on medical activity.

CITIZENS OF UKRAINE

Citizens of Ukraine may practice the profession under the conditions:

1) specified in procedure No. 1 described above

2) specified in procedure No. 2 described above

– however, citizens of Ukraine, who have been granted conditional eligibility under this procedure, are excluded from the obligation to practice only in a therapeutic entity dedicated to the treatment of COVID-19 patients, in case of:

– the removal of the state of epidemic emergency and the removal of the state of epidemic or

– there is no separate health care facility designated to provide health care services to patients suffering from COVID-19

3) specified in special Procedure No. 4 provided by the new regulations, described below.

PROCEDURE NO. 4 FOR UKRAINIAN CITIZENS ONLY (WAR REGULATION)

– Procedure applies only to the Ukraine citizens.

– Practice limited to one registered health care institution (without COVID restrictions).

– Work performed under the supervision of another doctor (in case of holding an specialist diploma then independently after 3 months of supervision).

– The formal procedure is the same as procedure no. 2, except that there is no restriction to COVID establishments only.

REQUIREMENTS

Person who has obtained a medical qualification outside the EU may be granted with a special permission to practice medicine and be awarded a conditional right to practice medicine if:

• has full legal capacity;
• is medically fit to practice medicine;
• demonstrates an impeccable ethical attitude, i.e:

– a declaration of no criminal record made under the threat of criminal liability, or.

– document confirming clean criminal record (if it is possible to obtain it in the country of origin);

• possesses a medical school diploma, issued in a country other than a Member State of the European Union, the total academic curriculum must have been at least five years.

PERMIT

– Granted in the form of an administrative decision at the request of the interested party by the Minister of Health of the Republic of Poland.

– Permit effective immediately.

– Determines whether a given person may practice the profession independently or under the supervision of a doctor holding a second degree specialization or specialist title.

– Permit issued for a period not exceeding 5 years.

CONDITIONS FOR EXERCISING THE PROFESSION

– Holding an additional specialist diploma (issued in a country other than an EU Member State) – he/she may be authorized to independently pursue the profession (but only after the first 3 months under the supervision of a doctor holding a second degree specialization or a specialist title).

– Without specialist diploma – practice under the supervision of a doctor with a second degree specialization or a specialist title.

RESTRICTIONS

– Practice the profession in a medical entity.

– An obligation to notify the minister of health, in which health care unit and for what period of time they have been employed, within 7 days from the date of commencement of providing health care services in that unit (failure to notify may constitute grounds for withdrawal of consent).

TO OBTAIN MORE INFORMATION PLEASE CONTACT:

Prof. Jarosław J. Fedorowski, MD, PhD, MBA, FACP, FESC President & CEO of Polish Hospital Federation E: biuro@pfsz.org

Andrzej Chełchowski, PhD Partner, Attorney at law T: +48 22 447 43 00 E: chelchowski@millercanfield.com

Paulina Lasota Junior Associate T: +48 22 447 43 00 E: lasota@millercanfield.com

[1] Pursuant to Article 77 of the Law on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine (entering into force with effect from 24 February 2022).

Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield. It is intended to provide only a summary of certain recent legal developments of selected areas of law. For this reason the information contained in this publication should not form the basis of any decision as to a particular course of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual cases. The services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant legislation or other legal development to the particular facts can be verified.