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It is a draft of the Act on quality in health care, which was sent to public consultations last week.Draft of the Act on quality for consultation

In addition to the main provisions on the introduction of compulsory authorization for hospitals and changes regarding the accreditation of institutions, the project also includes proposals for changes regarding video monitoring in hospitals.

In accordance with the draft in the Act of 15 April 2011.on medical activities (DZ.AT.from 2021.item.71) The following changes are introduced:

1) in Art.23a mouth.1 receives the wording:

"1.The head of the entity performing medical activities may specify in the organizational regulations the method of observing the rooms:

1) publicly available, if it is necessary to ensure the safety of patients or employees of the rooms,

2) in which health services and patients' stay are provided, in particular bed rooms, hygiene and sanitary rooms, changing rooms, cloakrooms, if it is necessary in the process of their treatment or to provide them with safety-using devices enabling image registration (monitoring).";

Meanwhile, the currently binding art.23a says that

"1.The head of the entity performing medical activities may specify in the organizational regulations the method of observing the rooms:

1) publicly available, if it is necessary to ensure the safety of patients or employees of the rooms,

2) in which health services and patients' stay are provided, in particular bed rooms, hygiene and sanitary rooms, changing rooms, cloakrooms, if this results from separate provisions-using devices enabling image registration (monitoring).

Patients' safety in the first place

The change concerns the fact that in accordance with the new regulations, the monitoring condition using cameras in patients' rooms or e.g..On SOR, it will be "necessary in the treatment of patients or ensuring them safety".

It seems that the new regulation will make it easier for the managers of the facility to make decisions about installing cameras in these rooms, as they will be able to ensure the safety of patients.

A few years ago, the RPO Ombudsman wants to regulate the regulation of visual monitoring in hospitals a few years ago to regulate the issue of vision monitoring in hospitals a few years ago

"Big Brother" and the patient's rights

Monitoring wideo w placówkach medycznych może być przydatnym narzędziem do zwiększenia bezpieczeństwa pacjentów, a także personelu medycznego. Jednak przynosi wiele wątpliwości zwłaszcza w zakresie praw pacjentów. Rzecznik Praw Pacjenta podkreśla, że zgodnie z ustawą o prawach pacjenta i Rzeczniku Praw Pacjenta, każdy pacjent ma prawo do poszanowania intymności i godności, w szczególności w czasie udzielania mu świadczeń zdrowotnych. Pojęcie intymności i godności pacjenta jest bardzo szerokie, dlatego -jak podaje RPP - biorąc pod uwagę dobro i prawa pacjenta, powinien być on informowany o zamiarze monitorowania i świadomie wyrażać ewentualną zgodę bądź sprzeciw.

He emphasizes that cameras in hospital facilities must be used responsibly, and their use should be justified by the good of patients, M.in.their safety and health.Therefore, they can be used only in accordance with the law and for these strictly defined purposes.

Patients are guaranteed the right to maintain intimacy and dignity while providing them with health services.Therefore, cameras are placed primarily in the corridors and on some, defined by law.However, the cameras may not cover patients, without their consent, in rooms where health services are provided, while providing patients with these services, e.g..in the sick rooms.The exception is some places where they can be installed in accordance with the law.

The facilities should also inform about the monitoring.

Where can cameras accompany the patient?

Cameras can be installed M.in.in the rooms of "strict supervision", i.e..at the dialysis station or in the children's ward, where they are used to observe patients.There - as the Republic of Poland explains - their installation and use without the patient's consent is lawful.Thus, cameras can be installed:

The Patient Rights Ombudsman draws attention to the need to properly exercise the patient's right to respect for intimacy, especially when providing health services to the patient..

"For some people, even the very view of the camera located above the entrance to the room may be associated with high discomfort, which is why the persons managing medical entities are responsible for the decision on the need and the legitimacy of the use of monitoring"- he emphasizes.