TURIN. Healthcare No Vax: after the employers, it is up to the professional associations to take action. The Board of Directors of the Order of Doctors of Turin ratified yesterday evening the suspension of the first 95 enrolled for non-compliance with the vaccination obligation provided for by the law for health personnel: 71 are part of the Register of Doctors, 12 of the Register of Dentists, 12 belong to both registers.
Reply to the Region
Before the session, the Board met with Professor Vittorio Barosio and his collaborators, who carried out an extensive examination of Law 76/2021 in its constitutional, administrative and ethical implications and subsequently acquired and adopted the formal opinion of the lawyer Roberto Longhin, regarding the legal nature of the suspension provided for by the vaccination obligation law. All the lawyers intervened confirmed the validity of the orientation adopted up to now by the Order towards its members. In detail: the envisaged measure is not a disciplinary sanction issued at the end of a deontological procedure, but it is a necessary suspension measure adopted given the partial unfitness for the functions, in application of art. 4 of Legislative Decree 44, which provides that professionals who have not fulfilled the vaccination obligation cannot “perform services or tasks that involve interpersonal contacts or involve, in any other form, the risk of spreading the infection from SARS-CoV-2” until 31 December 2021.
The suspension provided for by law therefore has a precautionary and not a disciplinary purpose, having the sole purpose of preventing the spread of the infection and protecting patients.
The next step
As part of its disciplinary function, the Turin Bar has convened a specific session of the Governing Council to assess whether and what ethical implications the violation of the vaccination obligation by its members, recipients of the ASL assessment, involves the violation of the vaccination obligation. “From a disciplinary point of view – explains the president Guido Giustetto – there could be a violation of at least 6 different articles of the code of medical ethics, so we are considering activating the appropriate investigations for each member involved. We will make a decision next week ”. The disciplinary sanctions provided for by the professional law range from warning, to censure, to suspension, up to removal from the Register.