There is a "green light": from the age of 13 without parental consent to see a psychologist

• The Senate Health Committee on Monday morning gave a positive opinion - without amendments - on the bill providing that patients from the age of 13 will be able to use the help of a psychologist without the consent of a guardian.
• This concerns the amendment to the Act on Patients' Rights and the Patient Ombudsman and certain other acts, which the Sejm passed on June 25
• Importantly, a visit for a teenager without the consent of a guardian will only be possible "under the National Health Fund." In the case of private visits, this will not be possible.
• - This is not a perfect law, but this care must be provided quickly," said the chairwoman of the committee, Senator Beata Małecka-Libera.
• Senators will discuss the bill at the session that begins on Wednesday, July 16 this year.

On Monday, the Senate Health Committee adopted without amendments an amendment to the Act on Patients' Rights and the Patient Ombudsman and certain other acts.

The Sejm passed it on June 25th, having been introduced as a citizens' bill by members of parliament from the Civic Coalition. The bill's drafting process was supported by, among others, the current Children's Rights Ombudsman, Monika Horna-Cieślak, and youth organizations.

The Act expands the rights of minor patients in accessing psychiatric care. It allows individuals aged 13 and older to receive outpatient psychiatric services without the consent of a legal representative, although with the obligation to notify their parents or guardians (within seven days of the visit)—unless doing so threatens the patient's well-being.

"A minor patient who has reached the age of 13 has the right to obtain, without the consent of a legal representative, health services in the field of psychiatric care provided in an outpatient setting, excluding medical consultations, within the framework of guaranteed services in the field of psychiatric care and addiction treatment specified in the provisions issued on the basis of Art. 31d of the Act of 27 August 2004 on health care services financed from public funds," reads the provision in the Act.

Deputy Minister of Health Jerzy Szafranowicz emphasized that the world is changing, and that young people have moved from the playground to the cyberspace world. Furthermore, teenagers are experiencing a hormonal imbalance, which leads to various mental health issues. Furthermore, parents don't always keep up with these changes and problems and don't always have the courage to talk. Hence the law that allows for a visit to a psychologist without parental consent.

- This bill is a compromise that results from our knowledge that the recovery process should take place with the participation of guardians and parents - said MP Marta Golbik, who coordinated the work on the bill in the Sejm.

She emphasized that despite various concerns, it's important to remember that the law will affect very few people, as most young people receive support from their parents and the law is then unnecessary. The law addresses situations in which a young person feels they have very serious problems, yet cannot see a specialist because their parents don't consent.

She asked for the bill to be adopted quickly and announced that during the work on the bill on the profession of psychologist and the profession of psychotherapist, it would be possible to introduce changes to this bill resulting from the comments currently being submitted.

Miłosz Kozikowski from the Youth Council at the Parliamentary Team for Youth stressed that psychological support for the young generation "is not a luxury, but the fulfillment of a primary need."

He said that young people feel overwhelmed by brutality, violence, and the increasing number of stimuli, hence the need for support. He considered the provision of quality services by specialists a positive trend. He emphasized that psychologists are best equipped to resolve ethical or mental health concerns.

"The compromise that has emerged here is significant (...) but it is not an obstacle to providing such psychological support," he said. He added that sometimes entrusting certain information to a parent is difficult or impossible due to fear of the parents' reaction when the relationship does not allow for trust.

- Without this support, we are left to our own devices in many places, so this is something that is necessary for us - he pointed out.

The amendment stipulates that adolescents will only be able to seek psychological help without parental consent at practices that have signed contracts with the National Health Fund. Adolescents will receive information about the scope and format necessary for the proper conduct of the diagnostic or therapeutic process.

The teenager will be required to provide his or her personal data and present a document confirming his or her identity.

Furthermore, the amendment also clarifies the rules for informing patients, including minors, about their health condition and introduces the requirement for the consent of the guardianship court in the event of a difference of opinion between a minor (from 16 years of age) and his or her legal representative regarding treatment.

Copyrighted material - reprint rules are specified in the regulations .