On the need for changes in the statutory requirements qualification requirements for directors of medical entities

Michał Gornowicz

Uniwersytet Warmińsko-Mazurski w Olsztynie UWM
https://orcid.org/0000-0002-1391-0623

Abstract

Under Article 46(2) of the Medical Activities Act, the formal requirements to be fulfilled by a person applying for the position of head of a non-business therapeutic entity are specified. According to the wording of the indicated
provision, a manager of a non-business therapeutic entity may be a person who: 1) has a university degree, 2) has the knowledge and experience that the guarantee of proper performance of the manager’s duties, 3) has at least five
years of work experience in a managerial position or a postgraduate degree in management and at least three years of work experience, 4) has not been validly convicted of an intentional crime. The purpose of this publication is to
prove that broadening and clarifying the qualification requirements for managers of private medical entities based on Article 46(2) of the Medical Activities Act is necessary. Formulating de lege ferenda postulates, it should be indicated that both article 46(2) of the mentioned Act and the Regulation of the Minister of Health on the manner of conducting a competition for certain managerial
positions in a medical entity that is not an entrepreneur should be extended to include managers of medical entities that are entrepreneurs. Moreover, article 46(2) of the Act on medical activity needs to be clarified in a way that does not raise interpretation doubts as to the understanding of the experience and knowledge of candidates for managers of medical entities. The implementation of the proposed legislative changes would improve the transparency of
functioning and the level of management in the broadly understood healthcare system regardless of the nature of a particular institution. 

Keywords:

medical law, head of a healthcare provider, professional qualifications