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After ten years, the reform of the Orders of the health professions has been approved

Ddl Lorenzin. The Senate approves. It also concerns clinical trials and gender medicine.

The Text of the Law

Yesterday the Senate group leaders had established its scheduling in the Chamber between today and next Saturday but placing the text on the reform of the Orders and clinical trials only in third place.

But today the Senate rushed through the first and second cases, approving both the bill containing provisions for the protection of justice witnesses and the one concerning provisions in favor of orphans for domestic crimes.

So this morning, 22 December 2017, the law was approved (S.1324-B) which, in addition to dealing with the reform of professional health orders, is also involved in clinical trials, gender medicine, professional abuse and management of the Ministry of Health, with large parliamentary support.

We report the summary of the art. 4, 5 and 6 of greatest interest for our category, postponing the in-depth analysis to law text it's at "Health newspaper” of which the summary is extracted.

L'article 4 work one revision of the discipline of the health professions, partly amending the legislative decree of the provisional Head of State n. 233 of 13 September 1946, in Chapters I, II and III, concerning the orders of the health professions, the national registers and the national federations, and in part by introducing new provisions relating to the orders and federations.

As the first innovation with respect to the current legislation establishing the Orders the bill provides for a new definition of the Orders which are defined as "non-economic public bodies", which "act as subsidiary bodies (thus overcoming the traditional definition of "auxiliary bodies" normally used until now ed.) of the State in order to protect the public interests, guaranteed by law, connected to the professional practice".

And this is only one of the specific definitions on the legal nature of health orders which are now being put on paper by entering into the merits of their economic and patrimonial nature, their role and their functions.

In particular, the new regulation provides, as mentioned above, a modernization of the orders of the health professions, adapting the reference legislation to the orders supervised by the Ministry of Health with reference to their internal functioning and changing the denomination of college in order. In fact, with the novel referred to in paragraph 1, first of all, the existing orders of physicians-surgeons, veterinarians and pharmacists adding then, with respect to current legislation, the orders of biologists and nursing professions, the profession of midwifery and medical radiology health technicians and the technical health professions, rehabilitation and prevention (see paragraph 9, article 3).

To these orders – together with which he is also summoned the new order of physicists and chemists  – based on the reference made by paragraph 12, the provisions of the aforementioned Legislative Decree CPS 233/1946 apply. In this regard, it is emphasized that the discipline of the order of biologists is inserted by article 9 in the context of the health professions, to which is added, pursuant to the same article, the profession of psychologist for which, however, the current legislation on organization remains unchanged, with some modifications (see article 9).

The orders referred to above in paragraph 1 of the amended article 1 are established at a territorial level: during the examination in the Senate, the term of province was replaced with geographical districts corresponding to the provinces existing on 31 December 2012.

With respect to current legislation, the possibility is maintained, in the event of a small number of professionals residing in the territorial district - in relation to the number of members at national level - or if there are other reasons of a historical, topographical, social and demographic nature, which an order has two or more neighboring geographical districts as territorial jurisdiction, or one or more regions by the Ministry of Health (thus superseding the now dated reference to the High Commissioner for Hygiene and Public Health), after hearing the respective national Federations and in agreement with the Orders concerned.

It is also established that for the exercise of particularly important functions, the Ministry of Health, in agreement with the respective national federations and in agreement with the orders concerned, may order recourse in the form of pooling or association between them.

Finally, it is expected that in the event that the number of members registered in a register exceeds 50 thousand units, the legal representative of the register can request the Ministry of Health to establish a new Order which assumes the denomination corresponding to the healthcare profession carried out; the constitution of the new Order takes place according to the terms and conditions established by decree of the Minister of Health, without new or greater burdens for the public finance.

L'item 5, establishes thearea of social and health professions and identifies the procedural path necessary for the identification of new professional profiles. The professional area also includes the pre-existing professional profiles of health and social worker and the professions of social worker, sociologist and professional educator.

Article 6 (Amendment to the law February 1st 2006, n. 43 – Identification and establishment of new health professions) inserted during the exam in the referring office, regulates the procedure relating to the identification and establishment of new health professions. The legislative intervention is implemented replacing article 5 of law 43/2006 Provisions on the subject of nursing, midwifery, rehabilitation, technical-healthcare and prevention professions and delegation to the Government for the establishment of the related professional orders, whose rubric is changed to "Identification and establishment of new professions in the health sector" (previously referred to only as "Identification")

As previously envisaged, the identification of new health professions, which do not correspond to already recognized professions and whose exercise must be recognized throughout the national territory, takes place during the transposition of Community directives or on the initiative of the State or the regions, in consideration of the needs connected to the health objectives envisaged in the National Health Plan or in the Regional Health Plans. Innovating with respect to what is currently envisaged, the identification can also take place on the initiative of the professional associations representing those who intend to obtain this recognition who, to this end, must send a reasoned request to the Ministry of Health, which, within the following six months, will have to pronounce. In the event of a positive evaluation, the Ministry will have to activate the procedure aimed at establishing the new health profession.

The establishment of new health professions is carried out, in compliance with the fundamental principles established by law 43/2006 and subject to the technical-scientific opinion of the Higher Health Council, through one or more agreements, sanctioned in the State-Regions Conference pursuant to 'art. 4 of Legislative Decree 281/1997, and implemented with decrees of the President of the Republic, following a resolution by the Council of Ministers.

The agreements establishing new health professions will have to identify:
– the professional title;
– the field of activity of each profession;
– the criteria for evaluating professional experience;
– the criteria for the recognition of equivalent qualifications.

The didactic organization of the university training of the new health professions thus identified is defined by decree of the Minister of Education, University and Research, in agreement with the Minister of Health, having acquired the opinion of the National University Council and the Superior Council of healthcare.

The definition of the functions characterizing the new professions takes place avoiding fragmentation and overlapping with the already recognized professions or with their specializations (paragraph 4).

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