The Code of Medical Ethics reimagined. What changes await physicians?

What changes await physicians? September 11, 2024. In the face of dynamic social and technological changes affecting the medical sector, updating ethical standards is becoming a necessity.

This has also been recognized by representatives of the medical professional self-governing body, as reflected in the recently adopted amendment to the Code of Medical Ethics.

This fundamental document, which sets out the ethical and professional standards for physicians, has been updated to better respond to the contemporary challenges physicians face.

In this article, we explain what will soon change in the Code of Medical Ethics, how the update process unfolded, and what consequences this carries for physicians in their daily professional practice.

The Code of Medical Ethics: law or principles?

The Code of Medical Ethics is a set of ethical principles intended to define the standards of conduct for physicians in various professional situations.

The Code of Medical Ethics is a document that takes the form of a resolution of the medical professional self-governing body.

Although it does not constitute a generally applicable legal act, it nevertheless significantly influences daily medical practice, given that compliance with it is an obligation of every member of this professional community.

Violating the principles of the Code of Medical Ethics may result in disciplinary liability before the medical courts.

How the amendment process unfolded. The new code was adopted by resolution at a special session of the Extraordinary National Convention of Physicians.

The amendment process was the result of lengthy discussions and consultations aimed at taking into account the current challenges facing the medical community, such as physicians' activity on social media and the use of artificial intelligence in the diagnostic and treatment process.

These discussions took place at various levels of the medical self-government, as well as among experts in medicine, law, and ethics.

The resolution was adopted on May 18, 2024, and the changes will take effect on January 1, 2025.

From that point on, all physicians will be required to comply with the new rules.

One word, a major change. Many of the amendments to the Code of Medical Ethics are editorial changes that, despite being minor modifications, will significantly affect daily medical practice.

One example is the emphasis that a physician carries out and documents diagnostic, therapeutic, or preventive procedures with due diligence, in accordance with current medical knowledge, and devotes the necessary time to doing so.

Until now, this matter was not expressed in a mandatory manner, but only through wording stating that a physician should carry out all diagnostic, therapeutic, and preventive procedures in the manner described above.

The same applies to informing patients about the risks associated with treatment.

Until now, the wording of the Code of Medical Ethics indicated that a physician should inform the patient about the benefits and risks of the proposed diagnostic and therapeutic actions, as well as about the possibility of applying alternative medical procedures.

Now this will become not so much a recommendation as a duty of the physician.

In many places throughout the amended Code, attention was also drawn to the form of consent expressed by patients, clarifying that it should be informed (this applies, for example, to consent to participate in a medical experiment).

Artificial intelligence and medical practice: is this a permissible combination?

Until now, the Code of Medical Ethics did not formulate detailed rules regarding the use of new technologies, including artificial intelligence, in the treatment process.

Rapid technological development has made it necessary to amend the Code in this area as well, as reflected in the addition, in the amended version of the Code of Medical Ethics, of information stating that a physician may use artificial intelligence algorithms in diagnostic, therapeutic, or preventive procedures provided the following conditions are met: informing the patient that artificial intelligence will be used in making the diagnosis or in the therapeutic process, obtaining the patient's informed consent to the use of artificial intelligence in the diagnostic or therapeutic process, using artificial intelligence algorithms that are approved for medical use and hold the appropriate certifications, and that the final diagnostic and therapeutic decision is always made by the physician.

It should be remembered, however, that the mere fact of permitting physicians to use artificial intelligence on ethical grounds does not yet determine that such practices will always be legally permissible under other regulations.

Indeed, the permissibility of such practices under personal data protection regulations or regulations concerning medical devices is a separate and more complex matter.

Processing health data using artificial intelligence tools may require obtaining consent for the processing of personal data or registering the software as a medical device.

Therefore, before undertaking such actions, the specific case should be carefully analyzed with the assistance of a lawyer.

Can a physician advertise their services without any restrictions?

Marketing medical services can pose certain difficulties in terms of its compliance with the law, as we wrote about here.

The amended Code of Medical Ethics introduces new rules concerning how physicians may provide information about the services they offer.

Under the previous wording of the Code, all advertising by members of the profession was expressly prohibited.

A physician also could not consent to the use of their name and image for commercial purposes.

Rules constructed in this way raised doubts about whether physicians were permitted to be active on social media.

Under the new rules, a physician will be entitled to provide information about the services they offer, with the proviso that such information must comply with the principles of medical ethics.

The new Code therefore responds to changing realities and abandons the explicitly stated prohibition on advertising.

On the one hand, this change should be assessed positively given the previous difficulties in interpreting the concept of advertising and whether physicians' activity on social media falls within the scope of that concept.

On the other hand, distinguishing information about offered services that complies with the principles of medical ethics from information that violates those principles will also require an individual assessment of the physician's online activity in each case, similar to assessing whether a given action constitutes advertising.

Importantly, the new version of the Code also provides for situations in which information about offered services is published by third parties on behalf of or for the benefit of a physician; in such cases, responsibility for that information rests with the physician themselves.

This is a very important proviso given that it is now common practice among individuals with large social media followings to outsource the management of their profiles to specialized third parties.

Clear rules for cooperation between physicians and drug manufacturers. Until now, the Code of Medical Ethics contained guidelines on cooperation between physicians and drug manufacturers; however, the way they were worded meant that disclosing the required information was merely a recommendation for physicians rather than their ethical obligation.

After January 1, 2025, physicians will be required to disclose their ties to manufacturers of drugs or medical devices to patients who are to undergo studies sponsored by that manufacturer, as well as to disclose to audiences of lectures and to editors of publications any connections with companies or subsidies from them, and any other benefits that could give rise to a conflict of interest.

It was also emphasized more clearly than before that physicians may not accept benefits from representatives of the medical industry if doing so could limit the objectivity of their professional opinions or undermine trust in the medical profession.

Physicians' step into the future. The amendment to the Code of Medical Ethics is not merely a formal change in the self-government's provisions, but above all a step toward better aligning ethical standards with the rapidly changing realities of medicine.

In addition to the changes described above, the rules for conducting medical experiments and matters concerning futile treatment will also be modified.

The new provisions are intended not only to protect patients but also to support physicians in their daily work, providing them with clear guidelines for conduct in a variety of, often difficult, professional situations.

As such, they represent a significant step toward improving ethical standards in medicine and building greater trust in the relationship between physicians and patients.

If implementing the amended Code of Medical Ethics presents you with significant challenges, get in touch with us!

We will answer all your questions and point you toward possible solutions.

Authors: Olga Dąbrowska and Aleksandra Woźniak. Have a question?

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