Ddl Lorenzin – “Delegation to the Government on clinical trials of medicines, as well as provisions for updating the essential levels of assistance, for the reorganization of the health professions and for the health management of the Ministry of Healthe” -, a reform of the orders of the health professions (now Act of the Chamber n. 3868).
The art. 3 concerns the reform of the Professional Orders
THE
The bill gives the Government the power to adopt, within twelve months from the date of entry into force of the law, now under examination by the Social Affairs Commission of the Chamber, a legislative decree for the reform of the organisation, functions and financing of professional orders and colleges also through the repeal of the law establishing each order, and the consequent reorganization of the provisions that regulate the related matter.
For the medical profession and the dental profession, essentially nothing will change. That is, the order of health professions in the medical and scientific area is made up of: register of doctors-surgeons and dentists, register of veterinarians, register of pharmacists, register of biologists, register of chemists, register of psychologists. Biologists see themselves "promoted" as a health profession and see their Order included in the category of health professions similar to psychologists. In fact, they will have an ad hoc federation of physical chemists and psychologists: for them relations are no longer with the Ministry of Justice but with that of Health. Which instead will have to share the powers in terms of clinical and biomedical engineers, enrolled in a special register in the Order of Engineers.
The order of health professions in the nursing and midwifery area is established: register of nurses and register of midwives. For the nursing profession and for the midwifery profession there will therefore be the transformation of the old "Collegi" bodies into "Orders". From a symbolic point of view it is a decisive step forward in enhancing the role. Separate register of pediatric nurses and former childhood supervisors
The order of health professions in the technical area is foreseen: register of audiometrist technicians, register of biomedical laboratory technicians, register of neurophysiopathology technicians, register of orthopedic technicians, register of hearing aid technicians, register of cardiocirculatory pathophysiology and cardiovascular perfusion technicians, register of dental hygienists, register of dieticians
For the technical, rehabilitation and prevention professions there is the important recognition of the constitution of the registers that merge into a single Order, which has been called omnibus. For all figures without a register, it is a step forward in getting out of the limbo in which legislative inertia had left them. This area should include the register of professional health educators, the register of physiotherapists, the register of speech therapists, the register of orthoptists and ophthalmology assistants, the register of podiatrists, the register of psychiatric rehabilitation technicians, the register of neuro and psychomotor therapists in developmental age, the register of occupational therapists; register of technicians of prevention in the environment and in the workplace; register of health assistants. The registers of the new professions of Osteopath and Chiropractor will merge into the latter Order, strongly desired by the president of the Health Commission Emilia Grazia De Biasi (Pd). An amendment provides for the area of non-conventional medicine in which to enter the register of chiropractors; register of osteopaths; register of naturopaths.
All can carry out their activity in the pharmacy, except doctors, dentists and anyone who prescribes drugs
General list of proposed amendments (273) in XII Commission in the referring office referred to C. 3868, in order of publication
Amendments and Additional Articles
Editorial staff – 07/25/2017
Related articles: Ministry of Health. List of health professions
We report below the Lorenzin bill.
Article 1. - (Orders of the health professions). – 1. In the geographical districts corresponding to the provinces existing on 31 December 2012, the Orders of doctors-surgeons and dentists, veterinarians, pharmacists, biologists, physicists, chemists, nursing professions, the midwifery profession and medical radiology health technicians and the technical, rehabilitation and prevention health professions are constituted. If the number of professionals residing in the geographical district is small or if there are other reasons of a historical, topographical, social or demographic nature, the Ministry of Health, on a proposal from the respective national federations and in agreement with the Orders concerned, may establish that an Order has two or more neighboring geographical districts as territorial jurisdiction.2. The Orders and related national Federations:
to) they are non-economic public bodies and act as subsidiary bodies of the State in order to protect the public interests, guaranteed by the law, connected to the professional exercise;
b) they are endowed with patrimonial, financial, regulatory and disciplinary autonomy and are subject to the supervision of the Ministry of Health; they are financed exclusively with the contributions of the members, without charges for the public finance;
c) promote and ensure the independence, autonomy and responsibility of the professions and professional exercise, the technical-professional quality, the enhancement of the social function, the protection of human rights and the ethical principles of the professional exercise indicated in the deontological codes, in order to guarantee the protection of individual and collective health;
d) verify the possession of the qualifications enabling the professional practice and take care of the maintenance and publicity of the registers of professionals and, where required by law, of specific lists;
And) ensure an adequate information system on the activity carried out, to guarantee accessibility and transparency to their action, in harmony with the principles of the legislative decree 14 March 2013, n. 33;
f) participate in the procedures relating to the planning of professional needs, training activities and the qualification exam for professional practice;
g) make their opinion mandatory on the regulatory discipline of the qualification exam to practice the profession, without prejudice to the other cases, envisaged by current regulations, of mandatory opinion of the Orders for the adoption of regulatory provisions;
h) collaborate with local and central authorities in the study and implementation of provisions that may affect the Order and contribute with public and private health and training institutions in the promotion, organization and evaluation of training activities and updating processes for the continuous professional development of all members of the registers,
promoting the maintenance of professional requirements also through training credits acquired in Italy and abroad;
the) they separate, in the exercise of the disciplinary function, to guarantee the right of defence, the autonomy and impartiality of the disciplinary judgement, the investigative function from the judging one. To this end, register instructor offices are set up in each region, made up of between five and eleven members drawn from among the members of the disciplinary commissions of the register of the corresponding profession, guaranteeing the representation of all Orders, and a representative from outside the profession appointed by the Minister of Health. The investigation offices, on the basis of complaints or at the request of the chairman of the competent disciplinary commission or ex officio, carry out the preordained acts for the establishment of the disciplinary procedure, submitting the acquired documentation and the reasons for the acquittal or for the opening of the disciplinary procedure to the judicial body, formulating in this case the charge profile. The members of the investigating offices cannot participate in the proceedings relating to members of their own register;
L) they supervise the members of the registers, in whatever legal form they carry out their professional activity, including the corporate one, by imposing disciplinary sanctions according to a graduation correlated to the voluntary nature of the conduct, to the seriousness and recurrence of the offence.
Article 2. - (Organs). – 1. The following are organs of the Orders of the health professions:
to) President;
b) the Governing Council;
c) the register commission, for Orders comprising several professions;
d) the board of auditors.
2. Each Order elects in the assembly, among the members of the registers, by relative majority of votes and by secret ballot:
to) the Governing Council, which, without prejudice to the provisions for the dental profession by article 6 of the law of 24 July 1985, n. 409, is made up of seven members if those enrolled in the register do not exceed the number of five hundred, nine members if those enrolled in the register exceed five hundred but not one thousand five hundred and fifteen members if those enrolled in the register exceed one thousand five hundred; the composition of the Board of Directors of the Order of Medical Radiology Health Technicians and of the technical health professions, rehabilitation and prevention is determined by decree of the Minister of Health, as well as the composition of the Board of Directors of the Order of Nursing Professions;
b) the register commission, which, for the dental profession, is made up of five members of the same register if the members do not exceed one thousand five hundred, of seven members if the members exceed one thousand five hundred but are less than three thousand and of nine members if the members exceed three thousand and, for the medical profession, it is made up of the medical component of the Governing Council; the composition of the register commissions within the Order of medical radiology health technicians and the technical, rehabilitation and prevention health professions is determined by decree of the Minister of Health, as well as the composition of the register commissions within the Order of nursing professions;
c) the board of auditors, made up of three members of the register as effective members and one member as substitute auditor. In the case of Orders with several registers, without prejudice to the number of members, the identification of measures aimed at guaranteeing the representation of the various professions is left to the statute.
3. The vote is valid in the first convocation when at least one has voted
quarter of the members, on second call whatever the number of voters, provided that it is not less than one tenth of the members.
4. Voting lasts from a minimum of two to a maximum of five consecutive days, one of which is a holiday, and also takes place in several locations, with forms and methods that guarantee full accessibility based on the number of members, territorial size and geographical characteristics. If the Order has more than five thousand members, the duration of the votes cannot be less than three days. The president is responsible for the electoral process.
5. Against the validity of the electoral operations, it is possible to appeal to the Central Commission for health professionals.
6. The members of the Governing Council remain in office for four years and the assembly for their election must be convened in the third quarter of the year in which the Council expires. The proclamation of those elected must be made by 31 December of the same year.
7. Each Governing Council elects from among its members, by an absolute majority of its members, the president, the vice president, the treasurer and the secretary, who can be discouraged, even individually, with a majority of two thirds of the members of the Council.
8. The president has the representation of the Order, of which he convenes and presides over the Board of directors and the assemblies of the members; the vice president replaces him in case of absence or impediment and exercises the functions possibly delegated to him by the president.
9. In the event of several registers in the same Order, in the manner referred to in paragraph 7, each register commission elects and can distrust the president, the vice president and, for registers with a number of members exceeding one thousand, the secretary. The president is the representative of the register, of which he convenes and presides over the commission. The vice president replaces the president in case of need and exercises the functions delegated to him, including those relating to the secretariat of the commission in relation to registers with a number of members equal to or less than a thousand.
Article 3. - (Duties of the Governing Council and the Register Commission). – 1. The Board of Directors of each Order has the following powers:
to) enroll professionals in the Order in the respective register, compile and keep the registers of the Order and publish them at the beginning of each year;
b) supervise the preservation of the decorum and independence of the Order;
c) designate representatives of the Order to provincial or municipal commissions, bodies and organisations;
d) promote and favor all the initiatives aimed at facilitating the cultural progress of the members, also with reference to university training aimed at accessing the profession;
And) intervene, if requested, in disputes between members, or between a member and a person or entity in favor of whom he has lent or lends his professional work, for reasons of expenses, fees and other matters relating to the professional exercise, procuring the conciliation of the dispute and, in the event of failure to conciliate, giving his opinion on the disputes themselves;
f) provide for the administration of the assets due to the Order and propose the budget and the final account for approval by the assembly of members;
g) propose for the approval of the members' assembly the annual fee, even diversified, necessary to cover management expenses, as well as the fee for issuing opinions for the settlement of fees.
2. The register commissions have the following powers:
to) propose to the Governing Council the registration in the professional register;
b) assume, in compliance with the functional integrity of the Order, the exponential representation of the profession and, in the Orders with several registers, exercise the powers referred to in the letters c), d) and And) of paragraph 1, except in the cases in which the designations referred to in the aforementioned letter c) concern one or more representatives of the entire Order;
c) adopt and implement disciplinary measures against all members of the register and all other disciplinary and sanctioning provisions contained in the laws and regulations in force;
d) exercise the management functions included in the scope of their own competences, as identified by the statute;
And) give its contribution to the local authorities in the study and implementation of measures that may in any case affect the profession.
3. For Orders that include a single profession, the functions and duties of the register commission are assigned to the Governing Council.
4. Against the provisions for the matters indicated in paragraphs 1, letter to), and 2, letters to) And c), and those adopted pursuant to paragraph 3 in the same matters, an appeal to the Central Commission for health professions is permitted.
Article 4. - (Dissolution of the Governing Councils and Register Commissions). – 1. The Boards of directors and the register commissions can be dissolved when they are unable to function regularly or if there are serious violations of the legislation in force.
2. The dissolution is ordered by decree of the Minister of Health, after consultation with the respective national federations. The same decree appoints an extraordinary commission of three members registered in the professional registers of the category. All the powers of the dissolved Council or commission are the responsibility of the commission.
3. New elections must be held within three months of the dissolution.
4. The newly elected Council remains in office for four years.
2. For the exercise of each of the health professions, in any legal form, it is necessary to be registered in the respective register.
3. For enrollment in the register it is necessary:
to) have full enjoyment of civil rights;
b) be in possession of the prescribed qualification and be authorized to practice the profession in Italy;
c) have their residence or domicile or exercise their profession in the jurisdiction of the Order.
4. Without prejudice to the provisions of the legislative decree 9 November 2007, n. 206, regarding the recognition of professional qualifications, foreigners in possession of the requisites referred to in paragraph 3, who are in compliance with the rules on entry and stay in Italy can be registered in the register.
5. Members who settle in a foreign country can, upon request, keep their membership in the Italian professional association to which they belong.
Article 6. - (Cancellation from the professional register). – 1. Cancellation from the register is pronounced by the Governing Council, ex officio
or at the request of the Minister of Health or the public prosecutor, in the cases:
to) loss of enjoyment of civil rights;
b) of ascertained lack of professional requisites referred to in article 5, paragraph 3, letter b);
c) of renunciation of registration;
d) non-payment of the contributions provided for by this decree;
And) of transfer abroad, except for the provisions of article 5, paragraph 5.
2. The cancellation, except in the cases referred to in paragraph 1, letter c), can only be pronounced after having heard the interested party, or after failure of the same to respond to three calls for three consecutive months.
2. The national federations are assigned the tasks of guidance and coordination and administrative support to the regional orders and federations, where established, in carrying out their institutional duties and functions.
3. The national federations issue the code of ethics, approved by the respective national councils and referred to all members of the territorial orders, defining the areas shared between the various professions, with particular reference to the activities carried out by team multi-professional in which the related responsibilities are clearly identified and ethically grounded.
Article 8. - (Bodies of the national federations). – 1. The bodies of the national federations are:
to) President;
b) the National Council;
c) the Central Committee;
d) the register commission, for Federations comprising several professions;
And) the board of auditors.
2. The Federations are directed by the Central Committee made up of fifteen members, with the exception of the provisions of article 6 of the law of 24 July 1985, n. 409.
3. The commission for those enrolled in the register of dentists is made up of nine members elected by the presidents of the commissions of territorial registers at the same time and with the same modalities and procedures referred to in paragraphs 7, 8 and 9. The first elected become part of the Central Committee of the National Federation in accordance with the second and third paragraphs of article 6 of the law of 24 July 1985, n. 409. The register commission for the medical profession is made up of the medical component of the Central Committee. The composition of the register commissions within the National Federation of the Orders of medical radiology health technicians and the technical, rehabilitation and prevention health professions is determined by decree of the Minister of Health, as well as the composition of the register commissions within the National Federation of the Orders of the Nursing professions.
4. The elected representatives of the register are constituted as a disciplinary commission of the register with a judging function towards the members of the directive councils of the Order belonging to the same register and towards the members of the territorial register commissions. The national register investigation office is set up, made up of five members drawn by lot from among those forming part of the fees
regional instructor offices and by a non-professional representative appointed by the Minister of Health.
5. Each Central Committee elects from among its members, by an absolute majority of those entitled, the president, the vice president, the treasurer and the secretary, who can be discouraged, even individually, with a qualified majority of two thirds of those entitled.
6. The president is the representative of the Federation, of which he convenes and presides over the Central Committee and the National Council, made up of the presidents of the professional Orders; the vice president replaces him in case of absence or impediment and performs any functions delegated to him by the president.
7. The central committees are elected by the presidents of the respective Orders, in the first quarter of the year following the election of the presidents and executive councils of the professional Orders, from among the members of the registers, by relative majority of votes and by secret ballot. The central committees remain in office for four years.
8. Each president has one vote for every five hundred members and fraction of at least two hundred and fifty members of the respective register.
9. Against the validity of the electoral operations, it is possible to appeal to the Central Commission for health professionals.
10. The National Council is composed of the presidents of the respective Orders.
11. It is up to the National Council to approve the budget and the final account of the Federation on the proposal of the Central Committee, as well as the approval of the code of ethics and the statute and their eventual modifications.
12. The National Council, on the proposal of the Central Committee, establishes the annual contribution that each Order must pay in relation to the number of its members for the functioning expenses of the Federation.
13. The Central Committee is responsible for the administration of the assets due to the Federation.
14. The Central Committee of each Federation has the following powers:
to) prepare, update and publish registers and unified national lists of members;
b) to supervise, on a national level, the preservation of the decorum and independence of the respective professions;
c) coordinate and promote the activity of the respective Orders in matters which, being inherent to the specific functions of the Orders, require uniformity of interpretation and application;
d) promote and favour, on a national level, all the initiatives referred to in article 3, paragraph 1, letter d);
And) designate representatives of the Federation to national, European and international commissions, bodies or organizations;
f) give guidelines for the resolution of the disputes referred to in the letter And) of paragraph 1 of article 3.
15. The register commissions of each Federation have the following powers:
to) give its contribution to the central authorities in the study and implementation of measures that may in any case affect the profession;
b) exercise the disciplinary power, pursuant to paragraph 4;
c) in the Federations with several registers, exercise the functions referred to in the letters d), And) and f) of paragraph 14, except in the cases in which the designations referred to in the aforementioned letter And) concern one or more representatives of the entire Federation.
16. In the event of multiple registers in the same Federation, with the methods referred to in paragraph 5, each register commission elects and can distrust the president, the vice president and the secretary. The president is the representative of the register and convenes and
chairs the commission; he can also convene and preside over the assembly of register presidents. The vice president replaces the president in case of need and exercises the functions delegated to him. The secretary carries out the functions inherent in the secretariat of the commission.
17. For Federations that include a single profession, the functions and duties of the register commission are assigned to the Central Committee.
18. Against the measures adopted pursuant to paragraph 15, letter b), and of paragraph 17, an appeal to the Central Commission for health professions is allowed.
19. The central committees and register commissions can be dissolved when they are unable to function regularly or if there are serious violations of the legislation in force. The dissolution is ordered by decree of the Minister of Health. The same decree appoints an extraordinary commission of five members registered in the professional registers of the category; the commission has all the powers of the dissolved Committee or commission. New elections must be held within three months of the dissolution. The newly elected Central Committee remains in office for four years».
2. The presidents of the national federations referred to in article 8, paragraph 1, letter to), of the legislative decree of the provisional Head of State 13 September 1946, n. 233, as amended by paragraph 1 of this article, are members by right of the Superior Health Council.
3. The Orders and the respective bodies existing on the date of entry into force of this law remain in office until the end of their mandate with the responsibilities attributed to them by the legislation in force; the renewal takes place in the manner provided for by the provisions referred to in this article and by the implementing regulations referred to in paragraph 5.
4. The bodies of the national federations referred to in article 8, paragraph 1, of the legislative decree of the provisional Head of State n. 233 of 1946 remain in
office until the end of his mandate; their renewal takes place in the manner provided for by the provisions referred to in this article and by the implementing regulations referred to in paragraph 5.
5. The provisions referred to in this article shall be implemented within six months of the date of entry into force of this law, by means of one or more regulations adopted by decree of the Minister of Health pursuant to article 17, paragraph 3, of law no. 400, subject to agreement at the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano and subject to the opinion of the national federations concerned, to be expressed within ninety days of the request. These regulations govern:
to) the rules relating to the election of the bodies, including the register commissions, the regime of incompatibilities and the limit of the mandates of the bodies of the Orders and of the related national Federations;
b) the criteria and methods for the application of substitute deeds or for the dissolution of the Orders;
c) the keeping of the registers, the registrations and cancellations from the registers themselves;
d) the collection and disbursement of contributions, the administrative and accounting management of Orders and Federations;
And) the establishment of the meetings of the presidents of the registers with functions of direction and coordination of the institutional activities entrusted to them;
f) sanctions and disciplinary proceedings, appeals and the procedure before the Central Commission for health professionals.
6. The statute of the national federations, approved by the national councils, defines:
to) the constitution and articulation of regional or interregional federations, their functioning and the modalities of the strictly necessary contribution
the fulfillment of the functions of exponential representation of the professions in the reference regional bodies and institutions;
b) the attributions of functions and the methods of functioning of the bodies;
c) the methods of territorial articulation of the Orders;
d) the organization and management of offices, assets, human and financial resources.
7. Until the date of entry into force of the regulations and statutes referred to respectively in paragraphs 5 and 6, the provisions of the regulation referred to in the decree of the President of the Republic of 5 April 1950, n. 221, as well as the organizational regulations of the national federations.
8. From the date of entry into force of the regulations and statutes referred to in paragraphs 5 and 6 respectively, articles 20, 22, 23, 24, 25, 26, 27 and 28 of the legislative decree of the provisional Head of State no. 233.
9. From the date of entry into force of this law, the colleges of health professions and the respective national federations are transformed as follows:
to) the National Federations and Colleges of Professional Nurses, Health Assistants and Child Watchers (IPASVI) in Nursing Orders and National Federation of Nursing Orders. The register of professional nurses assumes the denomination of register of nurses. The register of childhood supervisors assumes the denomination of register of pediatric nurses;
b) the colleges of midwives in Orders of the profession of midwife;
c) the colleges of medical radiology technicians in Orders of medical radiology technicians and of the technical, rehabilitation and prevention health professions.
10. The profession of health assistant joins the Order referred to in paragraph 9, letter c), of this article in accordance with article 4 of the law 1or February 2006, no. 43.
11. The national federations of the Orders referred to in paragraph 9, letters to), b) And c), assume the denomination, respectively, of National Federation of Orders of the Nursing Professions, National Federation of Orders of the Midwifery Profession and National Federation of Orders of Health Technicians of Medical Radiology and Technical Health Professions, Rehabilitation and Prevention.
12. The provisions of the legislative decree of the provisional Head of State of 13 September 1946, n. 233, as amended by paragraph 1 of this article.
13. Within ninety days from the date of entry into force of this law, by decree of the Minister of Health, in addition to the register of medical radiology technicians and the register of healthcare assistants, the Orders referred to in paragraph 9, letter c), the registers for the technical health professions, rehabilitation and prevention, in which graduates qualified to practice these professions can register, as well as holders of qualifications equivalent or equivalent to the qualifying degree, pursuant to article 4 of the law of 26 February 1999, n. 42.
14. The provisions referred to in articles 5 and 7, paragraph 2, of law 1 remain unchangedor February 2006, no. 43, concerning the establishment, transformation and integration of the health professions.
Without prejudice to the provisions of article 5, paragraphs 1, 2, 4 and 5, of law 1or February 2006, no. 43, for the purposes of identifying the skills attributable to the osteopathic profession.
2. The criteria for the recognition of equivalent qualifications for the purposes of exercising the health profession referred to in paragraph 1 are established with an agreement stipulated in the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano, to be adopted within three months from the date of entry into force of this law. , to be adopted within six months from the date of entry into force of this law, the didactic system of university training in osteopathy is defined.
3. The register for the osteopathic health profession is established within the Order of health technicians of medical radiology and of the technical health professions, rehabilitation and prevention, without new or greater burdens for public finance. Persons who have completed university training in osteopathy, pursuant to the decree referred to in paragraph 2, and persons in possession of the qualifications referred to in the same paragraph 2 can enroll in the register.
2, 4 and 5, of law 1or February 2006, no. 43, for the purposes of identifying the skills attributable to the chiropractic profession.
2. The criteria for the recognition of equivalent qualifications for the purposes of exercising the health profession referred to in paragraph 1 are established with an agreement stipulated in the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano, to be adopted within three months from the date of entry into force of this law. , to be adopted within six months from the date of entry into force of this law, the didactic system of university training in chiropractic is defined.
3. In article 2 of the law of 24 December 2007, n. 244, paragraph 355 is repealed.
2. The Minister of Health exercises high supervision over the National Council of Chemists which assumes the name of National Federation of Orders of Chemists and Physicists, to which the provisions of the legislative decree of the provisional Head of State of 13 September 1946, n. 233, ratified by law 17 April 1956, n. 561, and subsequent amendments.
3. In article 1 of the law of 25 April 1938, n. 897, the words: «the chemists» are deleted.
4. In article 1 of the legislative decree of 23 November 1944, n. 382, the words: «of a chemist» are deleted.
5. In article 17, second paragraph, of the legislative decree of the provisional Head of State of 13 September 1946, n. 233, and subsequent modifications, after the letter And) the following are added:
«e-bis) for the examination of affairs concerning the profession of chemist, one chemical inspector general and eight chemists, of whom five permanent and three substitutes;
e-ter) for the examination of affairs concerning the profession of physicist, an inspector general physicist and eight physicists, of whom five permanent and three substitutes».
6. In article 1, paragraph 1, of the regulation for the reorganization of the electoral system and the composition of the bodies of professional associations, pursuant to the decree of the President of the Republic of 8 July 2005, n. 169, the words: «of the chemists» are deleted.
7. Until the adoption of a specific regulation containing amendments and additions to the regulation of the requirements for admission to the state exam and the relative tests for the exercise of the professions of chemist and physicist, as well as the regulation of the relative regulations, the sectors "Chemistry" and "Physics" are established in the professional register of the Order of Chemists and Physicists, within the relative sections A and B, in compliance with the provisions of article 3 of the regulation referred to in the decree of the President of the Republic of 5 June 2001, n. . 328.
8. The Minister of Health, within ninety days from the date of entry into force of this law, adopts the acts functional to the exercise of the functions referred to in the preceding paragraphs. Within the term referred to in the previous period, the Minister of Health also adopts the documents necessary for the territorial articulation of the Orders of chemists and physicists and appoints the extraordinary commissioners for the calling of elections according to the procedures established by the aforementioned legislative decree of the provisional Head of State n. 233 of 1946. The executive councils of the Orders of Chemists and the National Council of Chemists existing at the date of entry into force of this
law remain in office until the end of their mandate with the powers attributed to them by current legislation; the renewal takes place in the manner provided for by this law and the relative implementing measures.
9. The implementation of paragraph 5 must not result in new or greater burdens for the State budget.
2. Article 46 of the law of 24 May 1967, n. 396, is replaced by the following:
«Art. 46. – (Supervision of the Minister of Health). – 1. The Minister of Health exercises high supervision over the National Order of Biologists».
3. The Minister of Health, within ninety days from the date of entry into force of this law, adopts the acts necessary for the exercise of the functions referred to in paragraphs 1 and 2. Within the term referred to in the previous period, the Minister of Health, having heard the Council of the National Order of Biologists, also adopts the acts necessary for the territorial articulation of the Order of Biologists and appoints extraordinary commissioners for calling elections according to the methods provided for by the legislative decree of the provisional Head of State no. 233, as applicable. The Council of the National Order of Biologists existing on the date of entry into force of this law remains in office until the end of its mandate with the powers attributed to it by current legislation; the renewal takes place in the manner provided for by the legislative provisions
in force at the time of the elections and the related implementing measures.
4. In article 1 of the law of 18 February 1989, n. 56, the following is stated:
«Art. 01. – (Professional category of psychologists). – 1. The profession of psychologist referred to in this law is included among the health professions referred to in the legislative decree of the provisional Head of State 13 September 1946, n. 233, ratified by law 17 April 1956, n. 233".
5. In article 20 of the law of 18 February 1989, n. 56, the following changes were made:
to) paragraph 1 is replaced by the following:
«1. The elections for the renewal of the territorial councils of the Order are held simultaneously in the third quarter of the expiry year. The proclamation of those elected must be made by 31 December of the same year»;
b) paragraph 11 is replaced by the following:
«11. Voting lasts from a minimum of two days to a maximum of five consecutive days, one of which is a holiday, and also takes place in several locations, with forms and methods that guarantee full accessibility based on the number of members, territorial size and geographical characteristics. If the Order has more than 5,000 members, the voting duration cannot be less than three days. The president is responsible for the electoral process. The vote is valid in the first call when at least a quarter of the members have voted; in second call whatever the number of voters, provided that it is not less than a tenth of the members»;
c) paragraph 12 is repealed.
6. In the law of 18 February 1989, n. 56, any reference to the Minister of Grace and Justice and to the Ministry of Grace and Justice
it is meant to be done, respectively, to the Minister of Health and the Ministry of Health. The Minister of Health, within ninety days from the date of entry into force of this law, adopts the acts functional to the exercise of the functions referred to in paragraphs 4 and 5 and in this paragraph, having heard the National Council of Psychologists.
2. By regulation of the Minister of Justice, in agreement with the Minister of Health, to be adopted within ninety days from the date of entry into force of this law pursuant to article 17, paragraph 3, of the law of 23 August 1988, n. 400, the requirements for registration, on a voluntary basis, in the national list referred to in paragraph 1 are established.
3. The implementation of this article must not result in new or greater burdens on the public finances.
"If the abusive exercise concerns a health profession, the penalty is increased by one third to one half".
2. The following modifications are made to article 240 of the penal code:
to) in the second paragraph, after the number 1-BIS) the following is inserted:
«1-ter) of movable and immovable property that appear to have been used to commit
the offense referred to in article 348, second paragraph";
b) in the third paragraph, first sentence, the words: «of the numbers 1 and 1-BIS of the previous paragraph" are replaced by the following: "of the numbers 1, 1-BIS) and 1-ter) of the previous paragraph";
c) in the third paragraph, second sentence, the words: «The disposition of the number 1-BIS of the previous paragraph applies" are replaced by the following: "The provisions of numbers 1-BIS) and 1-ter) of the previous paragraph shall apply".
3. To the implementation, coordination and transitional provisions of the criminal procedure code, referred to in the legislative decree of 28 July 1989, n. 271, after article 86-BIS the following is inserted:
«Art. 86-ter. – (Destination of confiscated assets as used for the commission of the crime of abusive exercise of the healthcare profession). – 1. In the event of conviction or application of the penalty at the request of the parties pursuant to article 444 of the code for the abusive exercise of a healthcare profession, the confiscated real estate assets are transferred to the assets of the municipality where the property is located, to be used for social and welfare purposes".
4. In paragraph 2 of article 1 of the law of 14 January 2013, n. 4, after the words: «of the health professions» the following are inserted: «and related typical or legally reserved activities».
«7-bis. The penalty referred to in paragraph 7 applies to the pharmacist who, in the absence of a medical prescription, dispenses drugs and pharmacologically or biologically
assets included in the classes referred to in Article 2, paragraph 1, for purposes other than their own or those indicated in the marketing authorization".
«11-sexies) having, in the case of intentional crimes, committed the fact to the detriment of persons hospitalized in health care facilities or in residential or semi-residential social and health care facilities".
2. Paragraph 1 is implemented within the limits of resources and according to the procedures established by current legislation and without new or greater burdens on public finance.
«Art. 102. – 1. The achievement of several degrees or diplomas gives the right to the cumulative practice of the corresponding health professions or arts. Practitioners of healthcare professions or arts can carry out their activity in the pharmacy, with the exception of professionals authorized to prescribe medicines, whose activity is in any case incompatible with the exercise of the pharmacy.
2. Healthcare professionals authorized to prescribe medicines who enter into any agreement with pharmacists on sharing in the profits of the pharmacy, when the provisions contained in articles 170 and 172 are not applied, are punished with an administrative fine ranging from 10,000 euros to 50,000 euros".
2. In article 7 of the law of 8 November 1991, n. 362, paragraph 4 is replaced by the following:
«4. The director, if the conditions set out in paragraph 2 of article 11 of the law of 2 April 1968, n. 475, as replaced by article 11 of this law, is temporarily replaced by a registered pharmacist».
3. In article 7, paragraph 9, of the law of 8 November 1991, n. 362, and subsequent amendments,
the words: «six months» are replaced by the following: «forty-eight months».
health workers, even with a fixed-term employment relationship, are equivalent to national health service titles.
2. By decree of the Minister of Health, in agreement with the Ministers of Economy and Finance and for simplification and public administration, to be adopted within ninety days from the date of entry into force of this law, within the limits of the current staffing, the quota of posts destined for the role of health management of the Ministry of Health and the general principles regarding the assignments that can be conferred and methods of attribution of the same are identified. The posts and duties referred to in the previous period are identified and distributed with a subsequent decree of the Minister of Health. The legal and economic positions of managers placed in the role referred to in paragraph 1, already classified in the second band of the role of managers of the Ministry of Health on the date of entry into force of this law, are safeguarded, also for the purpose of conferring the tasks referred to in paragraphs 4 and 5.
3. Access to the health management role of the Ministry of Health takes place through a public competition for qualifications and exams, in accordance with the access regulations envisaged for the health management of the National Health Service, and within the scope of the employment faculties in force for the Ministry of Health. Without prejudice to the provisions of paragraph 1, the positions corresponding to the types envisaged by article 15 of the legislative decree of 30 December 1992, n. 502, and subsequent amendments, and identified pursuant to paragraph 2, are attributed in accordance with the provisions of the legislative decree 30 March 2001, n. 165, and subsequent modifications.
4. Within the limits of the contingent of posts quantified pursuant to paragraph 2, to management positions in non-general level executive offices corresponding to complex structure positions envisaged by legislative decree no. 502, is accessed on the basis of the requirements established for the health management of the National Health Service after an internal selection procedure pursuant to article 19, paragraph 1-BIS, of the legislative decree 30 March 2001, n. 165. The assignment procedure is activated in relation to the positions that become available and the salary differential to be paid to the subjects in charge for the first time burdens the financial resources of the Ministry of Health as envisaged by current legislation on recruitment.
5. Healthcare executives of the Ministry of Health who have held positions of management of executive offices at a non-general level corresponding to positions in a complex structure or management of healthcare companies or bodies of the National Health Service for at least five years, even non-continuous, may participate in the procedures for the assignment of executive positions at a general level pursuant to article 19, paragraph 4, of legislative decree no. 165, and subsequent amendments, which in the case of the first assignment have a duration of three years, as well as participate in the competition envisaged by article 28-BIS of the aforementioned legislative decree n. 165 of 2001. Article 23, paragraph 1, last sentence, of the legislative decree 30 March 2001, n. 165, and subsequent modifications.
6. The implementation of the provisions referred to in this article must not result in new or greater burdens on the State budget.
inferable from this law pursuant to article 117, third paragraph, of the Constitution.
2. The powers attributed to the regions with special statutes and to the autonomous provinces of Trento and Bolzano by the respective special statutes and by the related implementation regulations are without prejudice.
