Acta Iuris Stetinensis (Jan 2022)

Zawód farmaceuty jako zawód zaufania publicznego – uwagi w kontekście normatywnym przewinienia zawodowego oraz nadzoru samorządu zawodowego

  • Jolanta Pacian

DOI
https://doi.org/10.18276/ais.2022.40-10
Journal volume & issue
Vol. 40

Abstract

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The profession of public trust is unknown in other European countries. In Poland the concept of a public trust profession was introduced in Article 17 of the Constitution of 2 April 1997, which links public trust professions with the functioning of a professional self-government. Public trust professions are those which involve responsibilities of special significance from the perspective of public tasks and which have concern for public interest. The profession of a pharmacist is an example here. The aim of this paper is to present the occupation of a pharmacist as a public trust profession in the normative context of professional misconduct. On the other hand, if negligent behaviour is to be classified as a crime it must be justified not only with the effect of the patient’s death, damage to his health or a direct risk of loss of life or severe damage to his health, but also with a cause-and-effect relationship between the behaviour that violates standards and the effect. As an autonomous concept, professional misconduct may sometimes encompass behaviour that is penalized and such penalty is not justified because the violation is only marginal

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