Judgment

Lombardy Regional Administrative Court, only the doctor can decide the minimum duration of the medical examination

Specialist outpatient services can be given more time than the regional timetable: professional autonomy is not affected

by Pietro Verna

7 April 2026

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2' min read

Translated by AI

Versione italiana

2' min read

Translated by AI

Versione italiana

The doctor may devote more time to each individual service than the time set by the regional timetable for outpatient specialist services, under penalty of violation of professional autonomy. In these terms, the Lombardy-Milan Regional Administrative Court (judgement no. 672/2026) ruled on the limits of the regional timetables provided for by the National Plan for Waiting List Governance -PNGLA

The Judgment

The Sindacato Nazionale Area Radiologica (S.N.R.) (National Union for the Radiological Area) and two radiologists had requested the annulment of the Lombardy Regional Council's Resolution No. XII/2024 'Single Regional Timetable for Outpatient Specialist Services', pointing out, on the one hand, that the times established therein were shorter than the minimum times identified by the performance appropriateness model drawn up by the Italian Society of Medical and Interventional Radiology and, on the other, that the PNGLA did not allow the Regions to intervene on the times for the performance of services.

The Region had objected that

- the dispute would fall 'within the regional competences concerning the organisation of the Regional Health Service and health protection';

- the SIRM guidelines would not have qualified as official recommendations of the Istituto Superiore di Sanità, nor as binding guidelines within the meaning of Article 5(3) of Law No. 24 of 4 March 2017 (Provisions on the safety of care and the assisted person, as well as on the professional liability of health professionals).

This thesis partially hit the mark. The Regional Administrative Court, while confirming the legitimacy of the regional resolution, established that the indications contained in the timetable 'do not assume a binding value for health professionals, who maintain their autonomy in determining the duration of the individual service, depending on the specifics of the case'

Considerazioni

The judgment is in line with Article 29, paragraph 3, of the National Collective Agreement for outpatient specialisation ("The number of services that can be provided for each hour of activity is determined on the basis of the type and complexity of the service, it being understood that their number is left to the assessment of the specialist") and with the orientation according to which the regional timetable "does not impose additional services on the doctor, nor does it affect his working hours" (Lombardy Regional Administrative Court - Milan, judgment of 31 January 2025, no. 347).

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