Viterbo – The appeal of the doctor in charge of the Republic of South Africa in the province was rejected by the TAR
Viterbo – (sil.co.) – “doctor” and then “family doctor” for about forty years, but this is not enough. It takes a specialty to run a facility for the elderly.
Lazio TAR dismissed a doctor’s appeal against the Lazio region to rescind the warning to replace the doctor in charge of the RSA operated by a religious congregation in the province of Viterbo where the party concerned took on the role of “responsible”. Doctor, “The requirement is an intellectual work contract on November 19 of last year.
For the Territory, the ex-doctor did not meet the requirements to be able to take on this role. In particular, the “appropriate qualification”, required by the DCA (Delegated Ordinance ad acta) n. 8/2011, to perform related functions in a nursing home.
On 9 July, the appealed judgment was suspended, while at the public hearing on 12 October, at the request of the parties, the appeal was kept for determination. The ruling rejecting it was published on 24 November.
health care worker
According to the specialist – in light of the fact that the decree of the Ministry of Health of January 30, 1998 stipulates the equivalence between specialization in “geriatrics” and “internal medicine” or “general medicine” – since there is no specialization in “general medicine”, it is necessary From considering that he intended to refer to the Certificate of Specific Training in General Medicine, which is obtained after attending a three-year regional course.
“Since Article 6 of the Legislative Decree is rightly exempted from obtaining this certification, physicians with a traditional relationship to the National Health System on December 31, 1994—therefore the defense argues—consider that the applicant possesses the necessary requirements to cover the role of the physician responsible for RSA, having performed jobs first as a “medical practitioner” and later as a “family physician” for nearly forty years”.
In essence, the doctor notes that the decree indicates not only the possession of a particular specialty (geriatrics, natural medicine or an equivalent qualification), but also reinforces the work already done.
In the present case, the Lazio region has failed to assess the forty-year work that the applicant has done as a medical practitioner or as a general practitioner.
In particular, the decree states, in relation to health care housing for the elderly, that the management of the RSA is entrusted to the responsible physician who possesses the specialty related to the type of user (geriatrician, physiatrist or other specialist) or with documented service activity for at least five years In the sector with a minimum of four hours per day for six days a week and with responsibility for the health care and psychosomatic conditions of the guests, this function also extends to any semi-residential units located in the same structure.
The sentence reads, “The appellant peacefully lacks one of the required specialties.”
And again: “The fact that there is no specialization in “general medicine” in the current system cannot lead to a conclusion, invoked by the appellant, that the ministerial decision is intended to refer to a specific training certificate in “general medicine”, and therefore the mentioned certificate constitutes a kind of qualification Equivalent with respect to the specialty in “geriatrics.” Nor can the applicant, in so far as he is entitled to carry out professional activities as a general practitioner, be considered to hold a qualification similar to the specialty in “geriatrics.” Otherwise, if we see it, we must reach to the unacceptable conclusion of a belief that general practitioners are entitled to perform professional activities which the legal system reserves exclusively to physicians specializing in “geriatrics”.
“The professional activity undertaken by the applicant as a medical or general practitioner does not incorporate the specific requirement referred to above, which consists in performing service activities ‘in the RSA sector’ in the manner described,” they say in conclusion, dismissing the appeal by the administrative judges.
December 6, 2021
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