Second stop at the “super Oss” wanted by Venice

Even the Council of State says no to the “super Oss” of the Veneto Region, against which the mayor of Garda and deputy Davide Bendinelli had lined up at the national level. The second “preliminary rejection”, after the first by the TAR, came to the resolution of the Region which wanted to confer “superior skills” to the Oss, that is to the socio-health workers who, in the health system, “would come to carry out tasks of pertinence of nurses, specially trained and graduated “. Mayor Bendinelli had helped open a front against the Region. Bendinelli, Luca Zaia’s former regional councilor, had co-signed an urgent interpellation with deputies Sara Moretto and Lisa Noja, presented to parliament by Maria Elena Boschi. «On March 16, 2021», the deputy from Garda had signed, «the Veneto council issued resolution 305 approving the“ Complementary training course in health care for the socio-health worker ”. The resolution is aimed at the insertion of social and health workers to replace the nursing staff in the socio-health facilities for the elderly in the region ». With a note dated March 29, 2021, Fnopi, the National Federation of Nursing Professions, declared “inadmissible” the “possibility of using socio-health workers to carry out acts of the patient’s clinical care of the exclusive competence of doctors and nurses », Underlining that the resolution places both the client and the operators themselves at serious risk, also configuring profiles of dubious legitimacy and professional responsibility. The Federation had therefore asked for “the immediate suspension of the act”, announcing appeals. “Many Venetian structures are not typically Rsa but residential elderly service centers which, from organic plants, do not even have a health director and users are followed by general practitioners”, resumed Bendinelli and colleagues. “The right to assistance in RSAs must guarantee the safety of guests and the maintenance of adequate welfare and health standards”. The TAR suspended the regional resolution in July and now the second stop has arrived, that of the Council of State. This could lead to a rejection also on the merits: the appeal will be discussed in mid-December 2021. The Council of State, with a precautionary measure of August 30, confirmed the decision of the TAR of July 9 on the suspension of the resolution of March 16, 2021. “Considering that the issues raised with the appeal deserve adequate investigation in the context of full knowledge (moreover, the hearing on the merits at first instance has already been set for 15 December 2021) and, in the meantime, in the balance between the opposing interests “, wrote the five judges of the Council of State,” there does not appear to be the prejudice at the basis of the precautionary request and that, on the contrary, as already noted in the single precautionary office, the possible execution of the measure challenged in the first instance would determine procedural and procedural consequences such as to risk nullifying the effects of the decision on the merits “, the appeal of lla Region that tried to overturn the decision of the TAR. In short: the Oss will have to do what they studied for and not the jobs of nurses. Region therefore, which is now in the double grip of the lack of personnel in the RSA and the need to suspend the No-Vax which, in retirement homes, are even more numerous than among the employees of the Healthcare. It must be avoided that some RSA are forced to close due to lack of staff. GM