has been defined as a criminal shield, but in reality it will be a guarantee rule that aims to widen the number of administrators as much as possible in view of the acceleration that the government wants to vaccination campaign: if the patient’s death or other serious and permanent physical consequences derive from the inoculation of the doses, the punishment of the person who gave the injection will be limited to gross negligence.
one of the two key points of the Covid decree, whose approval is fixed at the Council of Ministers tomorrow, for the part that concerns the Ministry of Justice. The other concerns the obligation of vaccination for doctors, nurses and anyone who works in contact with the sick: being immunized will become an essential requirement for suitability for the exercise of the profession, with graduated penalties that could lead to suspension or disqualification from service, without salary.
The Order of Doctors would have liked the shield not to be limited to vaccinations, and also to extend to the treatment of coronavirus patients. Request not accepted, and so the technicians of the ministry led by Marta Cartabia have prepared a rule that provides for the criminal consequences to be reserved for gross negligence only, if the offenses provided for in articles 589 and 590 of the criminal code derive from the administration of the doses: and negligent injuries.
This guarantee, in any case, will not prevent the carrying out of the investigations (and therefore the registration in the register of suspects, if the magistrate deems it necessary), but to assess the responsibility it is necessary to take into account – among other things – several factors: there organizational and logistical situation in which the vaccination took place, the actual availability of facilities and personnel, the previous health conditions of the recipient of the dose, the preparation of the operator, the urgency and non-deferrable needs, the guidelines indicated by the Italian Medicines Agency.
As already specified, the rule will not apply only to doctors, but to all categories authorized to participate in the vaccination campaign, starting with newly enrolled pharmacists through the agreement just reached. Which in turn will be forced to get vaccinated.
On this other front of war that sees the commitment of Minister Cartabia, that is, the provision of imposing doses on staff who work in hospital wards, but also in clinics and in any other treatment center, will not lead to the dismissal of those who want to escape the new rule. The maximum sanction will be the disqualification from duties, with suspension of salary, until the fulfillment of the obligation, at the end of a path that provides for pre-established times for communications by local authorities, and any other solutions such as the change of functions; for example from operative, in direct contact with patients, to administrative, in the closed of an office. Another novelty is the provision of sanctions for structures that do not adapt or do not take measures against those who refuse the vaccine.
In fact, undergoing the administration becomes necessary for the performance of work by the categories subject to the obligation. a measure considered necessary to guarantee public health, an interest constitutionally protected to the point of overriding the right of individuals not to be subjected to constraints to treatment, as established by various rulings of the Council to which Cartabia also contributed. The objective is to ensure adequate safety conditions in places of care, including medical offices and nursing homes for the elderly, since the constraint established for anyone offering care and assistance services to guests and users of public health and social-health facilities or private as they are.
March 29, 2021 (change March 29, 2021 | 23:28)
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