In view of the current risk context, extraordinary and urgent initiatives have been taken in order to adequately deal with possible situations of harm to the community.
To Decree-Law No. 44 of 1 April 2021, converted, with amendments, by Law No. 76 of 28 May 2021, the new legislation, which came into force on 27 November, adds that the fulfilment of the vaccination obligation provided for the prevention of SARS-CoV-2 infection includes the primary vaccination cycle and, as of 15 December 2021, the administration of the subsequent booster dose. The minimum interval for booster (booster) dose administration with m-RNA vaccine, (including all subjects vaccinated with a single dose of Janssen vaccine) is five months (150 days) after completion of the primary vaccination cycle, regardless of the vaccine previously used.
Modified the lines of verification of the obligation to vaccinate against SARS-CoV-2
The task of control, previously attributed to the Regions and the competent ASLs, is now entrusted to the territorial Orders of the health professions and in particular to the relevant National Federations for registered health professionals.
Without prejudice to the indications that will be provided by the Federation and any explanatory circulars that may be issued by the Ministry of Health, to date, Decree-Law 172, in amending Article 4 of Law 44/2021, textually provides the following.
The Federations, using the National Digital Green Certificate Platform (National Platform-DGC), immediately carry out automated verification of the possession of COVID-19 green certificates proving the SARS-CoV-2 vaccination status of members.
If the anti-SARS CoV-2 vaccination has not been carried out, even with reference to the booster dose following the primary vaccination cycle, the territorially competent Professional Order invites the person concerned to produce, within five (5) days of receipt of the request documentation proving the performance of the vaccination or the omission or postponement thereof (certification of exemption), or the submission of the request for vaccination to be performed within a period not exceeding twenty (20) days from the invitation or, in any case, the non-existence of the conditions for the vaccination obligation.
In the event of the submission of documentation attesting to the request for vaccination, the Order invites the person concerned to submit immediately, and in any case no later than three days after the administration, the certificate attesting to the fulfilment of the vaccination obligation.
Once these time limits have expired, including with regard to the recall dose, it shall notify the competent national federations and, for employees, also the employer.
The act of ascertaining non-compliance with the vaccination obligation is adopted by the territorially competent Order at the end of the above-mentioned verification, is declaratory in nature, not disciplinary, determines the immediate suspension from the exercise of the health professions and is recorded in the relative Professional Register.
The suspension is effective until the communication by the person concerned to the competent territorial Order and, for employees also to the Employer, of the completion of the primary vaccination cycle and, for professionals who have completed the primary vaccination cycle, of the administration of the booster dose and in any case no later than 6 months from 15 December 2021.
Managers of facilities (providing in-patient services on a continuous or day hospitalisation cycle for acute cases, facilities providing specialist assistance services on an out-patient basis (including rehabilitation, instrumental and laboratory diagnostics), and healthcare and social-sanitary facilities that provide services on a residential, continuous or day-care cycle must immediately verify compliance with the aforementioned vaccination obligation (which, in the case of these facilities, as from 15 December is extended to all personnel working in any capacity), including the administration of the booster dose following the primary cycle, in the manner and time frame described above.
In cases where there is no evidence that the SARS-CoV-2 vaccination has been carried out or that the vaccination request has been submitted in the manner established as part of the current vaccination campaign, the person in charge, without delay, shall invite the person concerned, within five (5) days of receipt of the invitation documentation, to produce proof that the vaccination has been carried out or that it has been postponed or exempted (exemption certification), or to submit the request for vaccination to be carried out within a period of not more than twenty days from the invitation, or in any case that the conditions for compulsory vaccination do not exist.
In the event of the submission of documentation attesting to the request for vaccination, the manager invites the person concerned to submit immediately, and in any case no later than three (3) days after the administration, the certificate attesting to the fulfilment of the vaccination obligation.
In the event of failure to submit the aforementioned documentation, the person in charge will ascertain non-compliance with the vaccination obligation and will immediately notify the person concerned in writing.
The finding of non-compliance results in immediate suspension of the right to work, without disciplinary consequences and with the right to continued employment. For the period of suspension, no pay or other remuneration or emolument, however named, is due
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The suspension shall be effective until notification by the person concerned to the Employer of the commencement and subsequent completion of the primary vaccination cycle or the administration of the booster dose and in any event no later than six (6) months from 15 December 2021.
For professionals registering for the first time with the local professional associations, fulfilment of the vaccination obligation is a requirement for registration until the expiry of the six month period from 15 December 2021.
Exemption from SARS CoV-2 vaccination for health professionals
Only in the event of an established health risk, in connection with specific, documented clinical conditions, attested by the general practitioner, is there no such obligation and can the vaccination be omitted or postponed.
The certificates can be issued directly by the vaccination doctors of the Vaccination Services of the Regional Health Service Agencies and Bodies or by the patient's General Practitioners working within the national SARS-CoV-2 vaccination campaign.
For the period during which vaccination is omitted or postponed, the employer will assign employees to tasks which may be different from their usual tasks without any reduction in pay, in order to avoid the risk of spreading SARS-CoV- 2 infection.
In the exercise of freelance activity, for the period during which vaccination is omitted or postponed, in order to contain the risk of contagion, exempted persons shall adopt the preventive hygiene and health measures indicated in the specific safety protocol adopted by decree of the Minister of Health, in agreement with the Ministers of Justice and Labour and Social Policies, by 15 December 2021.
Other new features of the decree-law, the duration of the COVID-19 Green Certification
- The COVID-19 Green Certification is valid for nine (9) months from the date of completion of the primary vaccination cycle and is automatically issued to the person concerned, in hard copy or digital format, by the healthcare facility or healthcare professional carrying out the vaccination and at the same time as the vaccination, at the end of the aforementioned cycle.
- When a booster dose is administered following the primary vaccination cycle, the green COVID 19 certificate is valid for nine (9) months from the date of the same administration.
- The green COVID-19 certification referred to in the first sentence is also issued at the same time as the administration of the first dose of vaccine and is valid from the fifteenth day after administration until the date scheduled for the completion of the vaccination cycle, which date must be indicated in the certification when it is issued.
- The green COVID-19 certification referred to in the first sentence is also issued at the same time as a single dose of a vaccine is administered after a previous SARS-CoV-2 infection and is valid from the same
- The certification in question ceases to be valid if, during its period of validity, the person concerned is identified as a confirmed SARS-CoV-2 positive case.
The green COVID-19 certification issued on the basis of the condition of recovery is valid for six months from the date of recovery, and is issued, at the request of the interested party, in paper or digital format, by the facility where the COVID-19 patient was admitted, or, for patients who are not admitted, by general practitioners and by the prevention department of the competent local health authority, and is made available in the electronic health record of the interested party. This certification ceases to be valid if, during the six-month period of validity, the person concerned is identified as a positive SARS-CoV-2 case. Cure certifications issued prior to the date of entry into force of this decree are valid for six months from the date indicated in the certification, unless the subject is again identified as a confirmed SARS-CoV-2 positive case.
