Conversion into law, with amendments, of the decree-law 1 April 2021, n. 44, containing urgent measures for the containment of the COVID-19 epidemic, in the matter of anti-SARS-CoV-2 vaccinations, justice and public competitions. (21G00086)
(GU n.128 of 31-5-2021)
Effective on: 1-6-2021
We insert the approved text of Art. 4, the only one interesting for us from the point of view of the vaccination obligation for health professionals:
Article 4: Urgent provisions regarding the prevention of infection from SARS-CoV-2 through the provision of vaccination obligations for health professions and health professionals
1. In consideration of the epidemiological emergency situation from SARS-CoV-2, up to the complete implementation of the plan referred to in art. 1, paragraph 457, of the law of 30 December 2020, n. 178, and in any case no later than 31 December 2021, in order to protect public health and maintain adequate safety conditions in the provision of care and assistance services, health professionals and health care workers referred to in art. . 1, paragraph 2, of the law of 1 February 2006, n. 43, which carry out their activities in public and private health, social and health care facilities, pharmacies, parapharmacies and professional offices are obliged to undergo free vaccination for the prevention of SARS-CoV-2 infection. Vaccination is an essential requirement for the exercise of the profession and for the performance of the work performance of the obliged subjects. Vaccination is administered in compliance with the indications provided by the regions, autonomous provinces and other competent health authorities, in accordance with the provisions contained in the plan.
2. Only in the event of an ascertained danger to health, in relation to specific clinical conditions documented, certified by the general practitioner, the vaccination referred to in paragraph 1 is not mandatory and may be omitted or deferred.
3. Within five days from the date of entry into force of this decree, each competent territorial professional association transmits the list of members, with the indication of their place of residence, to the region or autonomous province in which it has its seat. Within the same term, the employers of health care professionals who carry out their activities in public or private health, social and social welfare structures, pharmacies, parapharmacies and professional offices send the list of their employees with this qualification, with the indication of the place of respective residence, to the region or autonomous province in whose territory the same employees operate.
4. Within ten days from the date of receipt of the lists referred to in paragraph 3, the regions and autonomous provinces, through the vaccination information services, verify the vaccination status of each of the subjects included in the lists. When the vaccination information systems available to the region and the autonomous province do not indicate that the anti-SARS-CoV-2 vaccination has been carried out or that the vaccination request has been submitted in the manner established within the current vaccination campaign, the region or province autonomous, in compliance with the provisions on the protection of personal data, immediately reports the names of the subjects who are not vaccinated to the local health authority of residence.
5. Upon receipt of the report referred to in paragraph 4, the local health authority of residence invites the interested party to produce, within five days of receiving the invitation, the documentation proving the vaccination has been carried out or the omission or deferral of the itself pursuant to paragraph 2, or the submission of the vaccination request or the non-existence of the conditions for the vaccination obligation referred to in paragraph 1. In case of failure to present the documentation referred to in the first period, the local health company, after the expiry of the aforementioned five-day period, without delay, formally invites the interested party to undergo the administration of the anti SARS-CoV-2 vaccine, indicating the methods and terms within which to fulfill the obligation referred to in paragraph 1. In in case of presentation of documentation certifying the vaccination request, the local health company invites the interested party to transmit immediately and in any case not later n from administration, the certification certifying compliance with the vaccination obligation.
6. Once the deadlines for certifying compliance with the vaccination obligation referred to in paragraph 5 have elapsed, the competent local health company verifies the non-compliance with the vaccination obligation and, after obtaining any further information from the competent authorities, gives immediate written notice to the person concerned, to the employer and to the professional association to which he / she belongs. The adoption of the assessment act by the local health company determines the suspension of the right to perform services or tasks that involve interpersonal contacts or involve, in any other form, the risk of spreading the infection from SARS-CoV-2.
7. The suspension referred to in paragraph 6 is immediately communicated to the interested party by the professional association to which he belongs. 8. Upon receipt of the communication referred to in paragraph 6, the employer assigns the worker, where possible, to tasks, even lower ones, other than those indicated in paragraph 6, with the treatment corresponding to the duties performed, and which, in any case, does not imply risks of spreading the contagion. When the assignment to different duties is not possible, for the suspension period referred to in paragraph 9, no remuneration or other remuneration or emolument, however named, is due.
9. The suspension referred to in paragraph 6 remains effective until the vaccination obligation is fulfilled or, failing that, until the national vaccination plan is completed and in any case no later than 31 December 2021.
10. Without prejudice in any case to the provisions of art. 26, paragraphs 2 and 2-bis, of the decree-law of 17 March 2020, n. 18, converted, with amendments, by law 24 April 2020, n. 27, for the period in which the vaccination referred to in paragraph 1 is omitted or deferred and in any case no later than 31 December 2021, the employer assigns the subjects referred to in paragraph 2 to different tasks, without deduction of salary, in in order to avoid the risk of spreading the infection from SARS-CoV-2.
11. For the same period referred to in paragraph 10, in order to contain the risk of contagion, in the exercise of freelance activity, the subjects referred to in paragraph 2 shall adopt the sanitary and hygienic prevention measures indicated by the specific protocol of safety adopted by decree of the Minister of Health, in agreement with the Ministers of Justice and Labor and Social Policies, within twenty days from the date of entry into force of this decree.
12. The implementation of this article must not result in new or greater burdens on public finance.