For the judges, “the medical staff is responsible for managing the patient’s therapeutic and clinical path, while the nursing structure is responsible for implementing the proper care path”. Quici: “It is not a question of the mere protection of the interests of a category, but of a tenacious attention to the safety of treatments and the protection of patients’ health”. THE SENTENCE
28 JUNE –
The Council of State rejects the Nursing Units (UDI) activated by the Perugia Hospital and puts an end to a long legal action initiated in Umbria by the trade unions Cimo and Aaroi.
According to the Council of State, in the resolution of the Umbria Region which established the Nursing Units (UDI) there is an “illogical and unjustified confusion of roles between medical and nursing staff resulting from the tendential separation between clinical activity and assistance activity that is carried out with the Nursing Unit “.
“It is indisputable, in fact – underlines the CDS – that the medical staff is responsible for managing the patient’s therapeutic and clinical path, while the nursing facility has the task of implementing the primary care pathway. Instead, in the UDI, the organizational structure refers to the Department of Health Professions and the post-acute patient is managed by the manager of the organizational position, although there is the subsidiary presence of the referring doctor for the activities of specific competence and the possibility, by the manager of the organizational position, to contact the doctor on call of the sending facility “.
And it is with these reasons that the same Cds therefore rejected the appeal of the Umbria Region against a previous decision of the TAR of Umbria dating back to 2016 which had already partially accepted the appeal and the two subsequent appeals for additional reasons proposed by CIMO Umbria , AAROI-EMAC Umbria, for the cancellation of a series of acts that had given rise to the experimentation of a Nursing Unit in the Region.
The ruling of the Council of State fully confirms the decisions of the TAR and was welcomed by the medical unions who had opposed the Region’s appeal.
A decision, for the trade unions, “destined to make jurisprudence”. In fact, the ruling states in black and white that “the medical staff is responsible for managing the patient’s therapeutic and clinical path, while the nursing facility has the task of implementing the properly care path”, defining the “confusion” created by the “illogical and unjustified” ‘Perugia hospital between medical and nursing staff, who had been entrusted with the management of patients admitted to UDI (i.e. patients in the post-acute phase who require assistance before returning home).
“Once again, recalling the reference regulatory framework, the peculiarities of the medical profession and the nursing profession are emphasized, which cannot be superimposed, confused or replaced – comments the President of the Cimo-Fesmed Federation Guido Quici -. The sentence of the Council of State, therefore, leads us to fight with even greater firmness our battles against the encroachment of other professions in the field of doctors, carefully monitoring the establishment of nursing wards and hospitals, starting with newborn Hospitals. Community. It is not a question of mere protection of the interests of a category, but of a tenacious attention to the safety of treatments and the protection of patients’ health ”.
The union of doctors, to which they belong Anpo-Ascoti, Cimo, Cimop e Fesmed, also highlights another fundamental passage of the sentence, which declares legitimate the legal action of the trade unions on issues “related to the protection of the correct procedures for the performance of services, incidents on the organization of the work of doctors and nurses”.
“A passage – concludes Quici – which legitimizes trade union action also on organizational issues, which had previously been questioned by several parties”.
June 28, 2022
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