Information about the draft act on the profession of scientist and professional self-government prepared by the Ministry of Family, Labour and Social Policy at the beginning of the week was published in the list of legislative and programming works of the government. According to his assumptions, following the entry into force of the fresh rules, there would already be clear rules concerning, among another things, obtaining the right to prosecute a profession, to operate self-government and to presume professional responsibility.
End of the line
The concept of intellectual services would be defined, and this ‘dodging’ is missing from the 2001 Act. In practice, this makes it impossible to have consequences for those who supply them without the right to practice. There is besides no professional work system, due to the fact that there is no self-government that controls it.
According to the fresh regulations, membership would be compulsory, and he himself would care about the issue of professional improvement of the associated, including their supervision. It is within the framework of the structures of the self-government that disciplinary proceedings will be conducted and central and regional bodies will be liable for these issues. Self-government will be able to impose penalties, including suspension or withdrawal of the right to prosecute a profession. Since the scientist is simply a profession of public trust, it is possible to make a self-government of its representatives under the Constitution.
After the changes, psychologists will be obliged to keep professional secrecy and circumstantial rules will even be subject to demolition of their documentation.
Katarzyna Sarnicka, president of the National Trade Union of Psychologists, looks at specified proposals. In her opinion, the statutory regulation will supply a warrant of safety for those benefiting from the aid. – The disciplinary liability spokesperson will be appointed – the patient, the recipient of intellectual services, will have individual to appeal to – he comments.
Under the fresh regulations, the scientist will be granted the right to prosecute the profession after entering the regional list. First, however, he will gotta complete his first and second degree or uniform master's degree – and get a professional degree. People who have obtained qualifications in another European Union country, but those recognised in Poland, will besides be able to apply to join the list.
This regulation seems peculiarly crucial in the context of the results of the latest study prepared by experts from the Jagiellonian University and the University of SWPS ("The intellectual survey in Poland". study 2019–2023). The survey has shown that in fresh years the number of psychology students (approximately 65 percent) and non-stationary learners has increased. 40 percent of all students were educated at universities that are not subject to technological evaluation in this field (academic and vocational colleges that do not have specified an work at all).
– The results of the study are very disturbing and even dramatic, so it is essential to work on standards of training in intellectual studies – Katarzyna Sarnicka estimates. And he emphasizes that the pursuit of the profession of scientist requires not only substantive knowledge, but besides compliance with the ethical code.
Psychotherapy for change
All indications are that akin rules are besides subject to psychotherapists. MP Marta Golbik (KO), chair of the parliamentary squad on its regulation, assesses the bill as hard to deal with. – While the way of educating a scientist is uniform, in training a psychotherapist the substance is more complex – he comments. As he explains, training is carried out within various psychotherapist societies in 5 modalitys, so it is hard to issue guidelines for all those performing this profession of public trust.
"The environment has not reached an agreement on any issues, e.g. it is not compatible with how many local governments should be appointed," admits the MP. “If he does not make a common position on the form of the bill, then the government or parliamentarians will gotta accept his version, whose records have a chance to implement”, concludes Marta Golbik.
Counselor Michał Czarnuch from Rymarz Zdort Maruta, coordinator of the legal squad cooperating in the creation of the bill, draws attention not only to the request to make a self-government, but besides to the registry of specialists. In his opinion, this will be a real aid to future participants in therapy, and during the increasing intellectual wellness crisis, this action is necessary.
– The deficiency of self-government psychotherapists means the deficiency of standards of practicing this profession, the deficiency of control over who performs it, the deficiency of professional and colleague responsibility. And the deficiency of records that would enable those looking for specified services to know who is simply a trusted specialist and where it is possible to file a complaint in connection with inadequate treatment," the expert explains. It warns that registers alone – without efficient self-government – are not enough, due to the fact that I care about the professionalism of people conducting psychotherapy should have psychotherapy themselves, not government officials.
The lawyer points out that the bill will besides include guidelines on who can be included in the list of specialists in which the institution must first get education, which certificates to get and how many hours of own experience and supervision.
Payment for unreliable therapy
Also patron Ewelina Miller of the law firm E & M MILLER Lawyers sp. p. no self-governments associating representatives of both professions consider the biggest pain. In her opinion, the effort to bring about consequences for the unreliable actions of specialists may face real obstacles today.
– Of course, a patient who believes that he has been misdirected by a scientist can request compensation from him under the OC policy – he reserves. – Then, according to the general civilian code, he may effort to show that the scientist misdiagnosed him (diagnostic error) or the diagnosis was correct, but the therapy itself was no longer (therapeutic error), and as a consequence the harm was caused," explains the medical expert.
It specifies that if the policy is not or is not high, the remainder of the claim should be paid from the property of the scientist himself, but then there may be a problem with its execution. – Problems could be mostly avoided by introducing a statutory work for a scientist to hold a policy – the lawyer believes.
He explains that the psychologist’s conduct is always assessed by experts, which in practice means that it can be very hard to prove to the court that there has been an irregularity. “In fact, specified cases seldom go to courts; my observations show that people request compensation from cosmetologists much more frequently than psychologists,” says Miller.
He besides points out that even the household of a patient who committed suicide, for example, may have claimed these another claims. Although specified cases are besides difficult, his relatives can show that, for example, he should be referred to a psychiatrist who would implement pharmacological treatment.
CHARGES
Government will discipline
The most serious consequences he will be able to draw against the local government associates is the suspension and deprivation of the right to practice the profession. another possible sanctions include reprimand, reprimand, fine and temporary prohibition of patronage. Criminal liability will endanger the usage of the title and the provision of benefits by a non-professional. Excluding from it will mean removing from the regional board the list of psychologists on which graduates of studies (single master's or 2 degree's) will be enrolled, among others, after obtaining a professional degree. For the first year of their improvement activities, they will benefit from the assistance of carers. They will be required to keep records which will be covered by professional secrecy and which will be subject to circumstantial rules. At both central and regional level, disciplinary committees and ombudsmen will start their activities. The professional title of scientist will be protected by law.
