BASI GIURIDICHE MEDICO-LEGALI E DEL LAVORO IN TERAPIA OCCUPAZIONALE

Module DIRITTO COSTITUZIONALE SANITARIO

1. Knowledge and understanding - The student is expected to demonstrate knowledge and understanding of:

-      the role of legal sources (national and European) in the healthcare field;

-      the fundamental principles of constitutional law, with particular reference to the right to health (Article 32 of the Constitution);

-      the constitutional organization of the National Health Service and the distribution of competences between the State and the Regions;

-      the principles of universality, equality and equity in access to healthcare;

-      the Essential Levels of Care (LEA) and their relevance for healthcare professions;

-      the fundamental rights of the patient (dignity, informed consent, self-determination);

-      the constitutional framework concerning disability, inclusion and the protection of vulnerable persons.

2. Applying knowledge and understanding - The student will be able to:

-      apply constitutional principles in occupational therapy practice;

-      interpret the rules governing the provision of healthcare and rehabilitation services;

-      recognize patients’ rights in different clinical and rehabilitation contexts;

-      collaborate within multidisciplinary teams in compliance with rights and professional responsibilities;

-      identify legal and ethical issues in healthcare activities.

3. Making judgement - The student is expected to:

-      critically assess clinical and care situations in light of constitutional principles;

-      identify conflicts between the right to health, patient autonomy and healthcare organization;

-      analyze practical cases concerning informed consent, medical treatments and disability protection;

-      develop decision-making skills consistent with the protection of fundamental rights;

-      reflect on the ethical, legal and professional implications of their actions.

4. Communication skills - The student will be able to:

-      use appropriate language to communicate legal aspects in healthcare settings;

-      explain patients’ rights clearly and effectively;

-      communicate efficiently with healthcare professionals on legal and organizational issues;

-      participate in interdisciplinary discussions on health law topics;

-      adapt communication to the clinical, cognitive and social conditions of the patient.

5. Learning skills - The student is expected to:

-      develop autonomy in studying and updating healthcare regulations;

-      acquire skills in consulting legal sources, guidelines and institutional documents;

-      integrate legal knowledge into daily professional practice;

-      keep up to date with regulatory developments in healthcare, disability and rehabilitation;

-      promote lifelong learning aimed at quality and safety of care.

Frontal lessons and seminars involving students.

Public Health Law Profiles

-      Sources of law

-      State institutions

-      National Health Service (SSN) and Regional Health Services (SSR)

-      Fundamental rights, with particular reference to the right to health (Article 32 of the Constitution)

-      Mandatory health treatments

-      Civil, criminal, and professional-disciplinary liability in healthcare

-      The occupational therapist within the legal framework

Disability Law Profiles

-      Legal definition of disability

-      Fundamental rights and disability: the UN Convention

-      Positive actions (affirmative measures)

-      Law no. 104/1992 and the reform introduced by Legislative Decree no. 62/2024

-      Reasonable accommodation

-      Inclusion of persons with disabilities in education and employment

-      Disability and the right to sexuality

R. BIN - D. DONATI - G. PITRUZZELLA, Lineamenti di diritto pubblico per i servizi sociali e sanitari, Giappichelli, u.e. (ch. Capp. V - XI, XII e XIII) 

Alternatively:

Notes from lectures and slides provided by the lecturer.  

The examination will cover at least 2 questions related to the following macro subject areas:

1) Legislative and administrative powers on health protection;

2) Criminal liability of the sanitarian;

3) Civil liability of the sanitarian;

4) Right to work and disability;

5) Right to education and disability;

6) Principle of substantive equality and individuals with disabilities.