Ministry of Health or the SSI shall confer with the “Medical Specialty Board” to ascertain the types of health practices that should be either permitted or prohibited for specialist physicians.

Ministry of Health shall confer with scientific boards, such as the Medical Specialty Board, to ascertain whether any specialist physician(s) are authorized to perform specific health practices.

Council of State Plenary Session of the Chambers for Administrative Cases issued its judgement on 5 November 2014 affirming thatThe Ministry of Health, as the health authority in our country, holds the authority to delineate which specialist physician(s) are authorized or prohibited from performing specific health practices as outlined in the Health Implementation Communiqué. Such determination is exclusively within the purview of the Ministry of Health by benefiting from the opinions of scientific committees such as the Board of Specialization in Medicine. The absence of input from a received from a scientific committee established within the body of the Ministry of Health renders the pertinent articles of the communiqué published by SSI non-compliant with legal provisions.

15th Chamber of the Council of State, on 19 February 2014, similarly decreed that “The provisions of the Communiqué, which were established in the absence of any input and decision regarding the determination of the fields of duty of the Board of Specialization in Medicine in terms of specialties and types of treatment to be undertaken by the physicians specializing in relevant branches and without exhibiting the medical and scientific requirements necessitating such regulation, and the process regarding the rejection of the application seeking abolition of these provisions do not comply with the law”.

The Council of State has deemed the direct utilization of the amendments to the Health Practice Communiqué pertaining to the specification of tasks and procedures permitted or prohibited for specialist physicians, as unlawful.