The requirement to obtain the consent of a legal guardian for the provision of reproductive health pharmacist services to minors under the pilot program

Abstract

Emergency contraception in Poland is often referred to as the “morning-after pill”. Its legal status has changed many times. In Poland, it has only been available on prescription since 2017. Attempts have been made to change the legal status in 2024. A draft amendment to the Pharmaceutical Act was then submitted to Parliament. However, the bill was vetoed by the President of the Republic of Poland. In response to the veto, the Minister of Health issued a decree on a pilot programme in the field of pharmacists’ services related to reproductive health. In connection with this regulation, a question arose for pharmacists: whether it is necessary to obtain the consent of the legal guardian of minors who want to use the programme. Therefore, the aim of the work was a legal-comparative and dogmatic-legal analysis of legal acts in the field of reproductive health. A review of the data shows that while the pharmacist carries out the activities indicated in the pilot programme for pharmacist services about reproductive health, health services are provided to patients. Therefore, in the case of minor patients under 16 years of age, or who are over 16 but under 18 years of age, the consent of their legal representatives is required. It should also be noted that the term “pharmacist service” used in the title is not defined in any way in the law (unlike the term “pharmaceutical service”) and does not constitute a definition that would allow the statement to be made that it is another unlisted activity that exempts the pharmacist from the obligation to obtain the consent of the legal guardian. It should therefore be assumed that this consent is necessary to provide the service.