The sentences say, in truth, something quite obvious, namely that, where a regulation (in this case a resolution of the Lombardy Region) requires, as organizational requirements in a laboratory for accreditation purposes, the presence of a TSLB (Biomedical Laboratory Health Technician) registered in the relevant register, this figure cannot be replaced by a biologist, who cannot be hired to carry out TSLB duties.
The ruling is, in my opinion, well motivated and also focuses a lot on the partial overlap of functions (as happens for engineers and surveyors, lawyers and notaries, etc.). But, if by precise legislative choice (law 3/2018) TSLB has become a regulated profession, no other professional – not even the biologist – can replace the function that requires registration in the relevant register.
Be careful, the ruling does not say that the TSLB is entitled to exclusively carry out those tasks, which would be precluded to the biologist, but only that if the legislation requires a TSLB, the laboratory must be equipped with a TSLB and not a biologist. However, the ruling does not add any further competence of professional autonomy to laboratory technicians.
Sen. Dr. Vincenzo D’Anna
President of the National Federation of Biological Orders
