Michał Jachowicz, Michał Kobylarz

Professional secrecy of pharmacists and laboratory diagnosticians – correlation or discrepancy?

 

2025-05-16

Subject of the study. The practice of the medical profession remains correlated with the constitutional right to health protection as well as with every citizen’s right to have public authorities ensure equal access to healthcare services financed from public funds in a manner that guarantees the highest standards of their execution and the strictest protection of patients’ personal rights. The provision of the healthcare services refers not only to the patient’s health as a fundamental good, but also, in the context of their proper execution, they refer to the patient as a whole of legally protected values and goods in the full spectrum of his/her health and well-being. One of the most important aspects of safeguarding every individual’s health is the maintenance of confidentiality of all information pertaining to the patient and obtained in connection with the practice of the medical profession. Professional secrecy is one of the most fundamental aspects of the professions of pharmacist and laboratory diagnostician.

Addressing the indicated subject matter in a comparative approach is justified not only because each of the above-mentioned professions is considered both, a medical profession and a profession of public trust, but also because the field of pharmacy is particularly close to the field of diagnostics. Within the framework of providing pharmaceutical care, the pharmacist is entitled to independently perform a specified scope of diagnostic tests. A comparative approach to the applicable legal regulations is therefore crucial for assessing their adequacy and purposefulness. With the above in mind, the study focuses on the legal regulations of the national legal system governing: (i) the patient’s right to confidentiality, (ii) the scope and subject of the professional secrecy of a laboratory diagnostician, and (iii) the scope and subject of the professional secrecy of a pharmacist.

Research objective. The undertaken work constitutes an attempt to: (i) identify specific issues related to the subject matter and the principles of professional secrecy for pharmacists and laboratory diagnosticians within the scope of the analyzed legal provisions, taking into account case law, and (ii) to provide a comparative perspective on legal solutions concerning professional secrecy for individuals practicing the above-mentioned medical professions in the context of assessing their correlations and expected coherence.

Material and methods. The article uses a formal-dogmatic method that includes an analysis of applicable normative acts and interpretations of law resulting from (i) the case law of courts and (ii) the doctrine of law.

Results and conclusions. Forming the obligation to keep professional secrecy by a person performing a medical profession, as a counterpart to the patient’s right to protect all information about him or herself , should be viewed from two perspectives. Firstly, in terms of the subject matter of the professional secrecy, i.e., the scope of information covered by the professional secrecy. The subject of professional secrecy should remain consistent with the patient’s right to keep secret all the related information obtained in connection with the performance of the medical professions, determined by Art. 13 of the Act of Patient Rights and Patient’s Ombudsman. Secondly, in the context of the legal basis for limiting or excluding the obligation of professional secrecy, although the principle is regulated by Art. 14 sec. 2 of the Act of Patient Rights and Patient’s Ombudsman - it can also be adequately regulated by separate acts. Any separate solutions should be considered as an exception but still formulated adequately and in accordance with the full scope of patient rights. Therefore, any changes regarding the content or scope of professional secrecy should be directed only at broadening the scope of the patient’s rights.

Keywords: professional secrecy, pharmacist, laboratory diagnostician, medical profession.

© Farm Pol, 2024, 80(11): 739–749