Revolution in Medicine: Will the New Code of Ethics Allow Doctors to Advertise?
In May 2024, during the extraordinary 16th National Congress of Physicians, a new Code of Medical Ethics (KEL) was adopted, set to take effect on 1 January 2025. Its aim is to adapt to modern realities, including the digitalisation of healthcare. The new regulations cover, among other things, the use of modern technologies (telemedicine), the use of artificial intelligence, and the rules for advertising on social media. The President of the Supreme Medical Council, Łukasz Jankowski, called the adoption of the new code a historic moment, emphasising that nearly 90% of delegates supported the amendment.
The previous ban on advertising medical services has been replaced by more flexible provisions. The new KEL permits informing about the services offered, provided that it complies with the principles of medical ethics. A doctor may use "any form of communication" to promote their practice, but must not discredit other doctors or use unfair methods of competition.
The new code regulates in detail the relationships between doctors and the medical industry. A doctor may accept payment for participation in research sponsored by pharmaceutical companies, provided that the remuneration is commensurate with the contribution of work. However, KEL prohibits participation in scientific research whose sole purpose is the promotion of products, as well as accepting payment for referring a patient to sponsored examinations.
- A doctor may use telemedicine and artificial intelligence algorithms, but must inform the patient and obtain their informed consent. The final diagnostic and therapeutic decision belongs to the doctor. AI algorithms must be certified and approved for medical use.
- A doctor has the freedom to choose treatment methods, but must limit themselves to procedures that are necessary and consistent with the current state of knowledge. They must not use methods that have not been scientifically verified. A doctor may withdraw from the care of a patient only in justified cases, indicating an alternative. Resuscitation of terminally ill patients is the doctor's decision and is not mandatory.
- A doctor may retrieve organs from a deceased person for transplantation, provided that the deceased did not express an objection during their lifetime. Retrieving an organ from a living donor requires their written consent, and retrieving an organ essential to life is inadmissible. With regard to procreation, a doctor has a duty to care for the health of both the mother and the unborn child, although KEL does not directly address the issue of abortion.
- A doctor should publish the results of scientific research in professional sources and respect copyright. Adding one's name to works in which one did not participate is unethical.
A doctor has a duty to continuously improve their professional skills and to regularly participate in training. Medical practice may only be carried out under one's own name, and it is forbidden to use performance-enhancing drugs or to be under their influence while working. Providing free treatment to other doctors and their families is regarded as good practice.
The new Code of Medical Ethics has been in force since 1 January 2025, introducing significant changes to the rules governing the practice of the medical profession.