Ministry of Health
Ordinance of — Official Gazette n.255 of
Urgent measures for the containment and management of the Covid-19 epidemic concerning the use of devices of protection respiratory tract
THE MINISTER OF HEALTH
Having regard to Articles 32, 117, comma 2, letter q), e 118 of the
Constitution;
Having regard to the law of 23 December 1978, n.833, bearing ‘Institution del
National Health Service’, and, in particular, art. 32, which provides, inter alia, that ‘The Minister of health can’ issue
ordinances of a contingent and urgent nature, in the field of hygiene and
public health and di police veterinary, with efficacy extended
to the whole or part of the national territory including plus
regions’;
Having regard to art. 117 of Legislative Decree 31 March 1998, n. 112, in
matter of assignment of functions e Tasks administrative of
State to regions and local authorities;
Having regard to art. 47-bis of Legislative Decree 30 July 1999, n. 300,
which attributes to the Ministry of Health the functions due allo
State in the field of health protection;
Having regard to the Declaration of the World Organization della health
dell’, with which the epidemic da COVID-19 e’ state
evaluated how ‘pandemic’ in consideration dei levels di
diffusion and gravity achieved globally;
Having regard to art.44 del decree del President del Council dei
ministers 12 January 2017 recante ‘Definition e update of
essential levels of assistance, referred to in art. 1, comma 7, del
decree legislative 30 December 1992, n. 502″, published in
Ordinary Supplement to the Official Journal n. 65 del 18 March
2017;
Having regard to Decree-Law 1° April 2021, n. 44, converted, with
amendments, by law 28 May 2021, n. 76, e next
modifications, bearing ‘Measures urgent per the containment
of the epidemic da COVID-19, in matter di vaccinations anti
SARS-CoV-2, justice and public competitions»;
Having regard to Decree-Law 22 April 2021, n. 52, converted, with
amendments, by law 17 June 2021, n. 87, e subsequently
amendments, containing ‘Urgent measures for the gradual recovery of
activities economic e social in respect of needs di
containing the spread of the COVID-19 outbreak’;
Having regard to the decree-law 24 March 2022, n. 24, converted, with
modifications, from law 19 May 2022, n. 52, containing
‘Urgent provisions for overcoming the measures di contrast
to diffusion of the epidemic da COVID-19, in consequence of
Termination of the state of emergency, and other provisions in Materia
health’;
Having regard to the order of the Minister della health 29 September 2022,
recante ‘Measures urgent in matter di containment e management
of the COVID-19 outbreak concerning the use of devices di
protection of vie respiratory’, published in Gazzetta
Ufficiale della Repubblica italiana n.229 of the ;
Having regard to the note from the Directorate-General for Prevention Health
prot. No 44824—DGPRE;
Taking into account the major Hazard del contagion connected
alle situations di fragility in structures sanitarie,
socio-sanitarie e social assistance in relationship to the current
scenario della pandemic da COVID-19 ed approaching of
flu season;
Held, therefore, necessary e urgent predict measures
concerning usage dei devices di protection of vie
respiratory on the integer territory national in relationship
at access alle structures sanitary, socio-sanitarie e
socio-assistenziali;
Emana
the following order:
Art.1
1. For the Reasons in introduction, e’ extended the obligation di
use of respiratory protective equipment by
dei workers, degli users e dei visitors of Structures
Health, socio-sanitarie e social welfare, including le
structures of hospitality e long-term care, le residences health
assistance, hospices, rehabilitation facilities, the facilities
residential for the elderly, even if not self-sufficient, e anyway Le
Residential structures referred to in art. 44 of the decree of the President
of the Council of Ministers 12 January 2017.
2. They are not obliged to wear the device di Respiratory protection
:
a) children under the age of six;
b) people with pathologies or disabilities incompatible with the use
of the mask, as well as people who must communicate with a
person with disability in mode da not poter do use del
device.
3.The managers of the structures referred to in paragraph 1 are held a
verify the respect of provisions di which al present
article.
Art. 2
1. This Ordinance shall take effect from 31
December 2022.
2. The provisions of this Ordinance shall also apply to the
regions with special statutes and to the autonomous provinces of Trento e di
Bolzano.
This Ordinance is transmitted agli organs di control e
published in the Official Gazette of the Italian Republic.
Rome,
The Minister: Schillaci
Registered at the Court of Auditors on
Office for the Control of the Acts of the Ministry del work e of
policies social, del Ministry education, del Ministry
of University and Research, Ministry della culture, del
Ministry of Health, reg.n. 2763
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Source — https://www.univadis.it/viewarticle/misure-urgenti-in-materia-di-contenimento-e-gestione-dellepidemia-da-covid-19-concernenti-lutilizzo-dei-dispositivi-di-protezione-delle-vie-respiratorie