Impressions From Parliamentary Discussion on Omnibus Law

Abstract

On 30 October 2018 AKP deputies submitted a draft bill to the Grand National Assembly (TBMM) on “Amendment of Some Laws and Law Decrees Related to Health.” While the proposal was presented to the public as “legislation to prevent violence in healthcare”, it actually intended to deny the right to work to some doctors and candidate doctors. It was an omnibus draft bill abolishing supervisory and regulatory powers of the Turkish Medical Association (TTB), Turkish Dentists Association (TDB) and Turkish Association of Pharmacists; granting stamp duty exemption to contractors of city hospitals and envisaging heavy penalties that could lead to the closure of groceries and kiosks. With its extremely restrictive provisions, the bill was hotly debated and as a result of strong opposition both in the parliament and public opinion some modifications were made before it was adopted on 15 November 2018 as Law No. 7151. However, in its final form too, the legislation still embodies provisions that will harm public health and social reconciliation. Article 5 in the law in particular will work as the “sword of Damocles” over doctors and can be easily used to punish opposing opinions Furthermore, when considered with respect to the professional solidarity mandate of the TTB it is clear that articles targeting organic ties between the TTB and its members will be to the detriment of both doctors and citizens as main beneficiaries of healthcare services. The present article examines the draft bill mentioned with respect to its implications on the health system, profession of medicine and professional organizations.