Examination of human biological material in the light of the act on physician profession

Abstract

The extensive amendment to the Act of Dec. 5^th 1996 on physicians and dentists professions, adopted in 2020, introduced many changes to the provisions regulating medical experiments. In addition to clarifying the regulations currently in force, it made testing of biological samples collected from humans for scientific purposes a new type of medical experiment. The provisions defining its principles, however, raise significant doubts and questions regarding their proper interpretation and application. The analysis of possible ways of interpreting these provisions shows that each of them leads to troublesome consequences and the legal status concerning examination of human biological material introduced by the amendment must be considered defective and far from sufficient.