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Italy adopts a compulsory vaccination approach for care personnel

  • Violation of this law entails the transfer to another type of work or, if this is not possible, the suspension from tasks or duties that involve interpersonal contacts and the risk to spread the virus.

By Law Decree, No. 44 (1 April 2021, Urgent measures to contain the COVID-19 epidemic, in the field of anti-SARS-CoV-2 vaccinations, justice and public competitions), the Italian Government introduced a vaccination obligation for health professionals.

Article 4 of the Law Decree says: “[...] in order to protect the public health and maintain adequate safety conditions in the supply of care and assistance services, health care professionals working in health care establishments, both public and private, as well as in pharmacies and parapharmacies, are obliged to get vaccinated for the prevention of infection with SARS-CoV-2. Vaccination is an essential requirement for the exercise of the profession and for providing work services. [...]”. “In case of specific risks to health, when based on specific health conditions, certified by the general medical practitioner, the vaccination referred to in paragraph 1 is not mandatory and can be omitted or deferred”.

Following this norm, the regional and local authorities shall invite the health professionals to get vaccinated. If vaccination is not performed and certified within a certain deadline, the local health authority ascertains the non-compliance with the vaccination obligation and shall notify in writing  the interested party, the employer and the professional association of which the health professional is member that he/she is suspended from “the right to perform tasks or duties that involve interpersonal contacts or involve, in any other form, the risk of spreading the infection of SARS-CoV-2”.

Upon receipt of this communication, the employer must assign the health care professional to tasks not implying risks of spreading the contagion, and even if in a lower professional level. If such work reorganisation is not possible, then the professional will not be entitled to remuneration; such a suspension will be effective until the end of the vaccination plan and in any case not beyond 31 December 2021.

This law raises questions on the respect for the principles contained in the Italian Constitution. Similar to the situation in Canada detailed here, the issues at stake are privacy and human rights considerations vs public health and the safety of individuals accessing medical care.

In an explanatory note released by the most representative employers’ organisation in Italy, Confindustria, a Member of the International Organisation of Employers, on 6 April 2021, it is highlighted that the legislation:

  • does not apply to all categories of health care professionals, for instance, the physician in charge at the company level being excluded;
  • is unclear on the communication form and terms, especially for new recruitments;
  • distinguishes between employees and self-employed workers.