A pioneering act
The state of health care for students will be constantly monitored. This will be done by voivodes and the Institute of Mother and Child, which will prepare and present information on the implementation of the act to the Minister of Health every year.
We give Polish children equal access to preventive healthcare and dental care. Regardless of whether the child lives in the countryside or in a large city, the school will provide him with the same access to care. We guarantee it by our law. Pioneering, because it is the first legal act that comprehensively covers the issues of students’ health.
Unacceptable practices – let’s start at the end.
The school provides the nurse / doctor or dentist with a wider range of information than provided for in the Education LawSuch behavior is unacceptable, because the school, as a public entity, acts in the scope of what it is legally obliged to do, and not within what is not prohibited by law, so it is not possible to provide the above-mentioned entities with a wider scope of data than those resulting from Art. .
68 sec. 1 point 11 Educational Law. It should be remembered that the provision of data must be legalized pursuant to Art. 6 sec. 1, in terms of name, surname and PESEL number are provided on the basis of art. 6 sec. 1 lit. c) as a fulfillment of a legal obligation resulting from a legal provision. × Reject the alert
The school signs an entrustment agreement under which it entrusts the nurse with students’ data in order to keep medical records in connection with the implementation of its task.
Provision of health care for pupils is the task of the nurse, doctor or dentist (Art. 3 par. 1,2,3). The school has been qualified as an entity providing conditions for the performance of these tasks by a nurse, doctor or dentist.
Therefore, you cannot entrust the implementation of tasks that we do not carry out. In addition, it should be noted that it is not possible to request the removal or return of students’ medical data and that there is no law school to audit healthcare providers, so these impossibilities clearly exclude the possibility of concluding a data processing agreement, as well as the sense of such action.
The school collects data for the medical card instead of the nurse.
It is a similar situation as in the case above, the school does not perform the tasks of providing health care, and also does not have the right to process the data contained in the student’s health record.
The school may support the nurse in terms of organization and distribute, for example, the documents required by the nurse to the parents at meetings and inform them to return the cards to the nurse’s office and inform them about the possibility of objecting to preventive measures. × Reject alert
At meetings, the school collects objections to preventive services.
The act clearly indicates the scope of activities undertaken by the school. At the first meeting, educators provide the scope of health care and inform about the legal objection to the entity providing this benefit, Art. 7 sec. 3 “… and the right to object, referred to in sec. 2, submitted in writing to the service provider providing care … “Which means that the school is not authorized to collect such objections. × Dismiss alert
The school collects information on whether the student is receiving health services when the service is provided outside the facility, in order to know who is to see the dentist.