49 decisions of the Patient Rights Ombudsman regarding prescription machines. Narcotic drugs are involved.
Prescriptions for narcotic drugs without a personal examination of the patient? Patient Rights Ombudsman Bartłomiej Chmielowiec has already found such practices to be a violation of patients' collective rights 49 times. The backdrop includes prescription machines, fentanyl, medical marijuana, and fines reaching hundreds of thousands of złoty.
Bartłomiej Chmielowiec, the Patient Rights Ombudsman , has already issued 49 decisions finding that entities offering prescriptions for narcotics—such as fentanyl or medical marijuana—have violated patients' collective rights. This primarily concerns cases in which a doctor issues a prescription without personally examining the patient.
The administrative court's rulings confirming the validity of my decisions regarding so-called prescription machines confirm that my actions and those of my colleagues serve patients and safeguard their safety and health, said Bartłomiej Chmielowiec.
New regulations regarding the prescription of narcotic drugs have been in effect since November 7, 2024. The Minister of Health has introduced a catalog of medications that can only be prescribed after a personal examination of the patient. The list includes fentanyl, morphine, oxycodone, and non-fibrous cannabis extracts.
The only exception is continued treatment by primary care physicians (excluding nighttime and holiday care). Penalties and Proceedings: The Ombudsman not only issues decisions but also imposes penalties. To date, two of them have been imposed: one in the amount of PLN 234,000 (upheld by the Provincial Administrative Court in Warsaw), the other – over PLN 280,000, which has not yet been appealed.
In 2025, the Ombudsman has already initiated 32 further proceedings concerning entities issuing bulk prescriptions for controlled drugs. In five cases, decisions are being prepared regarding further fines – against entities that ignored previous decisions of the Monetary Policy Council.
Although the ombudsman's decisions apply to service providers, the prescriptions themselves are issued by physicians. Therefore, Chmielowiec has notified the district ombudsmen for professional liability regarding 21 physicians. In the case of three of them, reports of suspected criminal offenses have already been filed with the prosecutor's office.
Courts Side with the Ombudsman : The Provincial Administrative Court in Warsaw unequivocally supported the Ombudsman's actions. In its judgment of 29 May 2024 (ref. V SA/Wa 2671/23), it emphasized that a medical examination should mean "an inspection, and therefore direct contact with the patient," which precludes the issuance of prescriptions for narcotic drugs without personal contact.
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