Conditional right to practice the profession of a nurse and midwife

From December 30, 2020, regulations are in force that allow - under new additional rules - nurses and midwives who have obtained qualifications to perform their professions in non-EU countries to take up work in Poland.

Conditional right to practice the profession of a nurse / midwife during the declaration of an epidemic threat or epidemic in Poland.

Who Can Benefit

Any person, regardless of nationality (also a Pole), who has obtained the qualifications of a nurse or midwife outside the territory of the European Union Member States and meets the following conditions:

  1. holds a diploma of nurse or midwife;
  2. has full legal capacity;
  3. has a health condition that allows to practice as a nurse or midwife;
  4. exhibits an impeccable ethical attitude.

How to settle the matter and what documents to present

  1. Submit a hand-signed application to the Minister of Health (according to the available template, remember to provide the correspondence address, e-mail address and telephone number) and all the following documents necessary for its consideration (number the attached documents according to the ordinal number indicated in the application , mark document translations with letter a):

1) a statement that reads as follows: "Being aware of criminal liability for making a false statement, I declare that I have full legal capacity" (the statement should contain your surname and first name, place and date of the statement, and your legible signature);

2) a document issued by a doctor confirming that you have a health condition that allows you to practice as a nurse or midwife. This document may be issued by both a Polish doctor and a doctor from your country of origin, but then it must be translated into Polish by a sworn translator (remember the document may be presented within 3 months from the date of its issuance, which means that the decision is valid for a period of three months from the date of its issue);

3) the following documents proving that you show an impeccable ethical attitude:

  1. a) document 1:

The statement with the following content: "Being aware of the criminal liability for submitting a false declaration, I declare that I have not been punished for an intentional crime or an intentional fiscal crime and that there are no criminal proceedings against me in the case of an intentionally committed crime or a tax crime, and that there are no circumstances which, in accordance with the Code of Professional Ethics for Nurse and Midwife of the Republic of Poland and other legal regulations, within the meaning of the requirement specified in Art. 35a paragraph. 1 point 5 of the Act of 15 July 2011 on the professions of nurse and midwife (Journal of Laws of 2020, item 562, as amended), could affect the performance of the profession of a nurse or midwife on the territory of the Republic of Poland ".

How it should be written in Polish: „Świadomy odpowiedzialności karnej za złożenie fałszywego oświadczenia oświadczam, że nie byłem karany za umyślne przestępstwo lub umyślne przestępstwo skarbowe oraz że nie toczy się przeciwko mnie postępowanie karne w sprawie o umyślnie popełnione przestępstwo lub przestępstwo skarbowe, oraz że nie zachodzą okoliczności, które zgodnie z Kodeksem etyki zawodowej pielęgniarki i położnej Rzeczypospolitej Polskiej oraz innymi przepisami prawa, w rozumieniu wymogu określonego w art. 35a ust. 1 pkt 5 ustawy z dnia 15 lipca 2011 r. o zawodach pielęgniarki i położnej (Dz.U. z 2020 poz. 562, z późn. zm.), mogłyby mieć wpływ na wykonywanie zawodu pielęgniarki lub położnej na terytorium Rzeczypospolitej Polskiej”. 

(the declaration should also include your surname and first name, place and date of the declaration, and your legible signature).

  1. b) document 2 (if obtainable in the State of origin of the nurse or midwife):

A document confirming your professional clean record and compliance with the ethical requirements, issued by an authorized body in the country where you practice / worked as a nurse or midwife;

4) a document issued by a competent authority abroad (e.g. an existing employer or a body of professional self-government) confirming that you have at least three years of professional experience as a nurse or midwife gained during the five years immediately preceding the date of submitting the application.

5) nurse or midwife diploma. A nurse or midwife applying for a conditional license to practice the profession of a nurse or a conditional right to practice the profession of a midwife during the period of announcing the state of epidemic threat or epidemic in Poland is not required to legalize diplomas or duplicates and have apostille diplomas or their duplicates. However, it is necessary to obtain from the district council of nurses, competent for the place of education, a certificate of qualifications compliant with the minimum requirements resulting from the provisions of European Union law and that the diploma confirming formal qualifications corresponds to the documents confirming the formal qualifications of a nurse or midwife under European Union law.

6) possibly other documents confirming possession of additional professional qualifications, issued by the competent authority.

 

Requirements that should be met by documents submitted by you to the Minister of Health

  1. Attach translations of foreign-language documents into Polish translated by a sworn translator within the meaning of the Act of 25 November 2004 on the profession of sworn translator (Journal of Laws of 2019, item 1326).
  2. Submit all documents in original. Instead of the originals, you can submit copies, if their compliance with the original has been certified by a Polish notary or consul, or by the party's representative acting as an attorney, legal advisor, patent attorney or tax advisor.

Course of the proceedings

During the announcement of an epidemic threat or state of epidemic in Poland, the Minister of Health, on the basis of the documents attached to the application, gives his consent in the form of an administrative decision or refuses to consent to the profession of a nurse or midwife during this period. In the decision, the Minister of Health specifies whether a nurse or midwife may practice the profession independently or under the supervision of another nurse or midwife.

If a nurse or midwife has at least 3 years of professional experience as a nurse or midwife, obtained in the period of 5 years immediately preceding the date of submitting the application, he / she may obtain consent to practice independently.

If the above condition is not met, the nurse or midwife may obtain permission to practice under the supervision of another nurse or midwife.

Before issuing an administrative decision, the Minister of Health may also consult a national consultant in a given field of nursing or a voivodship consultant in the field of nursing, in the area of ​​the voivodeship where the nurse or midwife intends to practice.

If the application does not contain all the required documents, the Ministry of Health will contact you and ask you to complete it.

The documents submitted by you for the application will be returned after the end of the procedure by traditional mail to the correspondence address provided in the application, only if you submit such a request to the Minister of Health (you can contact the Minister of Health at any time with a request to return the submitted documents).

If you have received a positive decision, go to the district council of nurses and midwives appropriate for the place of your planned employment in order to grant a conditional right to practice the profession of a nurse or a conditional right to practice the profession of a midwife during the period when an epidemic threat or state of epidemic is declared in Poland.

Upon presentation of the decision, which you received from the Minister of Health, the district council of nurses and midwives grants a conditional right to practice the profession and issues the document "Right to practice the profession of nurse / nurse" or "Right to practice the profession of midwife / midwife".

In the above-mentioned documents, the district council of nurses and midwives includes an annotation that a given right to practice the profession is a conditional right and indicates whether a given nurse or midwife may practice the profession independently or under the supervision of another nurse or midwife.

A nurse or midwife, with a conditional license to practice the profession, for the first 3 months of employment in the profession in the territory of the Republic of Poland, performs the profession under the supervision of another nurse or midwife. 

Where to submit or submit the application

You can send the application by post to the following address:

Ministerstwo Zdrowia
Departament Rozwoju Kadr Medycznych

  1. Miodowa 15
    00-952 Warszawa

or submit it in person to the Ministry's Registry Office, or

to the consul of the Republic of Poland

When to apply

During the declaration of an epidemic threat or epidemic in the territory of the Republic of Poland.

How much will you pay

The service is free.

Remember

  1. During the declaration of an epidemic threat or an epidemic in Poland, a nurse or midwife who has obtained the qualifications of a nurse or midwife outside the territory of the European Union Member States may obtain permission to practice as a nurse or midwife and obtain a conditional right to practice as a nurse or midwife, if meets the conditions referred to in Art. 35a section 1 items 3-5 and 7 of the Act of 15 July 2011 on the professions of nurse and midwife.
  2. A nurse or midwife who has a conditional right to practice may not practice in the territory of the Republic of Poland outside of a medical entity intended to provide health services to patients suffering from COVID-19, unless she obtains additional consent from the Minister of Health.
  3. The nurse or midwife, who has a conditional right to practice, reports to the Minister of Health in which entity and for what period she has been employed, within 7 days from the date of commencement of providing health services in a given entity.

Failure to submit the notification may constitute the basis for withdrawal of consent. The consent may be withdrawn by way of an administrative decision.

  1. The conditional license to practice the profession of a nurse or the conditional license to practice the profession of midwife shall remain valid for a period of 5 years from the date of its issuance and shall expire after this period. It will not be possible to extend this right for another period, nor to issue a new license to practice a profession on the same terms after 5 years from the date of its issue. After this time, a nurse / midwife will be able to practice in Poland only after the recognition of a diploma or completion of first-cycle studies (bachelor's degree) in the field of nursing or obstetrics.

The conditional license to practice as a nurse or midwife shall be valid for a period not longer than 5 years from the date of its issuance and shall expire in the following cases:

1) obtaining by a nurse or midwife the right to practice the profession on the territory of the Republic of Poland on another basis;

2) issuing a decision on withdrawal of consent by the Minister of Health for the provision of health services by a given nurse or midwife, if it poses a threat to the life or health of patients. The consent is withdrawn by way of an administrative decision;

3) deletion from the register referred to in art. 48 sec. 1;

4) 5 years from the date of its issue;

5) total or partial incapacitation of a nurse or a midwife;

6) the nurse or midwife submits a declaration of waiver of this right;

7) death of a nurse or midwife.

  1. The Minister of Health may grant, by way of an administrative decision, permission to practice the profession by a nurse or midwife who has a conditional right to practice, apart from a medical entity intended to provide health services to patients suffering from COVID-19. This consent is given at the request of a nurse or midwife. The decision indicates the entity in which the nurse or midwife will practice.
  2. After a positive consideration of the case, the Minister of Health sends an electronically mapped decision to the competent consul of the Republic of Poland by means of electronic communication.

After receiving the decision, the consul issues a visa, unless there are grounds for refusal to issue it.

Good to know

During the period of employment under the above rules, as a person who obtained qualifications outside the EU, you will be able to:

1.start the nostrification of your diploma at one of the universities in Poland (if the diploma meets the conditions set out in separate provisions of law) or

2. commence higher education studies (BA) in the field of nursing or midwifery.

Where to get additional information

If you have questions, please call our hotline (supported languages PL, UA, RU, EN) or write a message. Phone numer: (+48)  22 427 65 60

E-mail: [email protected]

Downloads

  1. application template
    Wzór​_wniosku​_11012021​_warunkowe​_PWZ​_piellub​_połoznej​docx0.03MB
  2. list of attachments to the application
    Wykaz​_załaczników​_warunkowe​_PWZ​_piel​_lub​_połoznej​_​_-11012021​_r​docx 0.02MB
  3. Oświadczenie pełnej zdolności do czynności prawnych
  4. Oświadczenie odpowiedzialności karnej/ wykazuje nienaganną postawę etyczną pielęgniarka lub położna
  5. Oświadczenie o braku wymaganych dokumentów
  6. Podanie o zwrot przesłanych dokumentów

Legal basis

Announcement of the Marshal of the Sejm of the Republic of Poland of February 28, 2020 on the publication of the uniform text of the Act on the professions of doctor and dentist, Journal of Laws No. 2020 item 514

Regulation of the Minister of Health of August 31, 2020 on the specialization of doctors and dentists, Journal of Laws No. 2020 item 1566

Convention Abolishing the Requirement of Legalization for Foreign Public Documents, signed at The Hague on October 5, 1961. 2005 No.112, item 938

ACT of 27 November 2020 amending certain acts in order to ensure that during the period of announcing an epidemic threat or an epidemic of medical staff (Journal of Laws of 2020, item 2401)

In Polish: Obwieszczenie Marszałka Sejmu Rzeczypospolitej Polskiej z dnia 28 lutego 2020 r. w sprawie ogłoszenia jednolitego tekstu ustawy o zawodach lekarza i lekarza dentysty Dz.U. 2020 poz. 514

Rozporządzenie Ministra Zdrowia z dnia 31 sierpnia 2020 r. w sprawie specjalizacji lekarzy i lekarzy dentystów Dz.U. 2020 poz. 1566

Konwencja znosząca wymóg legalizacji zagranicznych dokumentów urzędowych, sporządzona w Hadze dnia 5 października 1961 r. Dz.U. 2005 nr 112 poz. 938

USTAWA z dnia 27 listopada 2020 r. o zmianie niektórych ustaw w celu zapewnienia w okresie ogłoszenia stanu zagrożenia epidemicznego lub stanu epidemii kadr medycznych (Dz.U. 2020 poz. 2401 )