Polish legislation guarantees patients the right to receive adequate health services. However, in practice it is not always possible. The doctor may in fact refuse providing the service if it is not in accordance with his/her conscience. Until recently, he would be required to indicate to the patient the real possibility of obtaining the benefit from another physician or healthcare entity. However, under the Constitutional Tribunal Judgment of 7 October 2015, the above-mentioned provision was declared unconstitutional, which resulted in the need to change legislation in this regard. Similarly, the Tribunal has ruled on the obligation to provide medical health service not in accordance with doctor’s conscience in so-called "other urgent cases." The intention of the authors of this study was to analyze law underlying the refusal of health services by a physician, and associated with this decision duties. The request is: the need to change legislation and assuring patients of having access to information about obtaining health services in another facility.

Key words: health benefits, conscience clause, law.