Brescia Regional Administrative Court

Nurses and other professions: ward management confirmed

The activities of the Complex Unit do not require medical expertise in management or organisation

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

Positions within complex healthcare units are not reserved solely for senior medical staff, but may also be awarded to senior staff in other healthcare professions (nursing, technical, rehabilitation, prevention and midwifery), subject only to the specialisation required for the post. Failure to do so would constitute a breach of Article 15 of Legislative Decree No. 502 of 1992 (Reorganisation of healthcare regulations), which governs medical management and the management of healthcare professions in a ‘unified’ manner.

The judgement

In this regard, the Lombardy Regional Administrative Court- Brescia (judgement no. 1174 of 2026) dismissed the appeal brought by the National Federation of Orders of Surgeons and Dentists and the provincial orders of Lombardy doctors against the resolution by which the Health Protection Agency– ATS had launched a selection procedure for the appointment of a head of the Complex Structure for ‘Hygiene and Public Health, Environmental Health’. This procedure was open to “medical managers specialising in Hygiene, Epidemiology and Public Health, and managers from the healthcare professions”.

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The appellants’ grounds

The appellants had argued that:

- healthcare professionals in management roles would be “lacking the technical and scientific skills required to carry out their duties properly”;

- Article 4 of Presidential Decree No. 484 of 1997 (Regulations laying down the requirements for access to the second management level for healthcare staff) does not mention those practising the healthcare professions;

- the ATS resolution would have been unlawful on the grounds of ‘unequal treatment’ because it required different lengths of service: 7 or 10 years for senior medical officers, compared with 5 years for senior healthcare professionals.

Management and organisational skills

This argument missed the mark. On the one hand, the Regional Administrative Court stated that the activities of the Complex Structure (“Prevention, Supervision and Planning”) do not require medical expertise, but rather managerial and organisational skills which may also be provided by senior managers from the healthcare professions. On the other hand, it noted that Article 4 of Presidential Decree No. 484 of 1997 predates the establishment of the management category for healthcare professions and is therefore implicitly repealed “on grounds of incompatibility, insofar as it maintains an anachronistic reservation in favour of medical managers’.

The Regional Administrative Court also deemed the complaint regarding the alleged unequal treatment to be without merit. The Court pointed out that doctors employed by the National Health Service (SSN) are automatically classified in the managerial grade, whereas, in order to gain access to managerial positions in the healthcare professions, in addition to a master’s degree and registration on the professional register, it is necessary to have accrued five years’ service in the professional role covered by the competition whilst working for National Health Service bodies or other public administrations.

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