Mmg. Ministry of Health: “Freelance activity outside service hours if it does not cause harm to conventional tasks”

“Including those referring to the activity within the territorial functional aggregation”, and subject to “communication to the health authority”. This was clarified by the Undersecretary of Health Gemmato, responding to a question from Girelli (Pd) on the provision of services similar to those offered by family doctors’ practices at private health centres.

14 JUN

“Article 28 of the Acn regulates the possibility for GPs to carry out freelance professional activities outside of service hours, communicating this to the health authority, provided that the carrying out of this activity does not prejudice the correct and punctual carrying out of the own conventional tasks, including those referring to the activity within the territorial functional aggregation”.

Thus the Undersecretary of Health, Marcello Gemmatoresponding in the Social Affairs Committee of the Chamber to a question by Gian Antonio Girelli (Pd) on the performance of services similar to those offered by family doctors’ practices in private health centres.

Below is the full response from Undersecretary Gemmato.

“I thank the questioners for the question posed and, in this regard, I would first of all like to point out that the information relating to the aforementioned structure and the services provided by it can be found at a regional level and the Ministry of Health is awaiting response to a note sent in this sense.

Having said this, I would like to preliminarily point out that in our system basic health care is guaranteed to all citizens within the Essential Levels of Assistance, through doctors affiliated with the National Health Service in possession of specific requirements and whose employment relationship is governed by national collective labor agreements.

The agreement – which can only be accessed by doctors in possession of the requirements prescribed by the European law for the title of general practitioner – guarantees the possibility of ensuring basic healthcare for the citizen by obtaining services and certifications foreseen and recognized within the scope of the National Health Service.

Having said this, I would like to remind you that the national collective agreement (ACN) for the regulation of relations with general practitioners pursuant to article 8 of legislative decree no. 502 of 1992 and subsequent – three-year period 2019-2021 – sanctioned with the State Regions Agreement Rep. acts n. 51/CSR of 4 April 2024 – regulates, from an economic and legal point of view, the exercise of the professional activities of general practitioners affiliated with health companies within the scope and in the interest of the National Health Service.
In particular, article 21 of the aforementioned ACN regulates the regime of incompatibilities of the GP position.

Among the causes of incompatibility I think it is important to remember:

a) the ownership of any other employment relationship, public or private, or other relationships, even of a conventional nature, with the National Health Service;

b) the exercise of other activities that may constitute a conflict of interest with the National Health Service;

c) carrying out activities as an outpatient medical specialist accredited with the National Health Service;

d) carrying out activities as an internal outpatient specialist, veterinarian and other healthcare professionals (biologists, chemists, psychologists) or as a pediatrician of free choice.

Similarly, article 28 of the same ACN regulates the possibility for GPs to carry out freelance activities outside of service hours, communicating this to the health authority, provided that the carrying out of this activity does not jeopardize the correct and punctual carrying out its conventional tasks, including those relating to the activity within the territorial functional aggregation”.

June 14, 2024
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