On January 31, 2018, Law no. 219/2017 "Rules on informed consent and advance processing provisions", consisting of 8 articles. The main themes of the law concern Informed Consent (art.1), Pain Therapy, the prohibition of unreasonable obstinacy in care and dignity in the final phase of life (art.2), how to behave with Minors and Incapacitated (art. 3), how to register your Advance Treatment Provisions (Article 4) and finally the Shared Care Planning (Article 5).
Informed consent In Article 1, the law "protects the right to life, health, dignity and self-determination of the person" and establishes that no health treatment can be initiated or continued without the "free and informed" consent of the person interested.
Everyone has the right to know their health conditions and to be informed, in a complete, updated and understandable way, about the diagnosis, prognosis, benefits and risks of diagnostic tests and health treatments, as well as about possible alternatives and the consequences of any refusal of the same.
Everyone has the right to refuse, in whole or in part, any proposed diagnostic test or medical treatment. The attending physician is required to respect the patient's will to refuse the proposed treatment or assessment and is exempt from any civil or criminal liability. In any case, the patient cannot demand health treatments contrary to the law, professional ethics or good clinical care practices. Informed consent finds its presupposition in the relationship of care between patient and doctor and it is in this relationship of trust that the patient's decision-making autonomy and the doctor's competence, professional autonomy and responsibility meet. If the patient so desires, his family members or part of the civil union, or his partner or a trusted person, are also involved in the care relationship.
Registration in the national database of DAT (Italian acronym for anticipated treatment provisions)
The Decree n. 168 of 10 December 2019, published in the Official Journal no. 13 of January 17, 2020, regulates the procedures for registering the DAT in the national database. From February 1, 2020 the the civil registry offices of the municipalities and the Italian consular offices abroad must transmit the DAT to the national database held by the Ministry of Health. To this end, they fill in an online form containing the reference data of the DAT, the data of the settlor, of any trustee and attach a copy of the DAT, if the settlor has given consent to its transmission. The national database has the function of:
- collect a copy of the advance processing provisions - ensure that they are promptly updated in the event of renewal, modification or revocation
- ensure full accessibility of the DAT both by the doctor who is treating the patient, in situations of inability to self-determine, both by the settlor and by any trustee appointed by him.
The following can access the consultation services of the DAT registered in the national database, through SPID or CNS authentication:
- the settlor
- the trustee - the doctor who is treating the settlor in situations of inability to self-determine and is called to carry out diagnostic tests, therapeutic choices or perform health treatments on the settlor