Judgment No. 17164 of 2024: The Abusive Practice of Medicine by Dental Technicians
The recent judgment No. 17164 of March 25, 2024, issued by the Court of Cassation, offers important clarifications regarding the practice of medicine and the competencies of dental technicians. In particular, the decision emphasizes that the actions of taking dental impressions and inspecting the oral cavity by a dental technician, for the verification or installation of prostheses, constitute the crime of abusive practice of medicine. This article aims to analyze the main aspects of this judgment, also considering the relevant regulatory context.
The Ruling's Headnote
Medical Practice - Taking of dental impressions and inspection of the patient's oral cavity by a dental technician - Configurability of the crime - Existence - Reasons. The actions consisting of the direct taking of dental impressions and the inspection of the patient's oral cavity by a dental technician to verify the condition of a prosthesis or to install it constitute the crime of abusive practice of medicine, given that for this professional figure, Article 11 of Royal Decree of May 31, 1928, No. 1334, prohibits any manipulation in the patient's mouth.
This headnote highlights the Court's position regarding the professional competencies of dental technicians, clearly establishing that these figures cannot directly intervene in patients' oral cavities. The relevant legislation, particularly Article 11 of Royal Decree of May 31, 1928, No. 1334, reiterates this principle, prohibiting any maneuver that could be considered within the scope of medical practice.
Regulatory and Legal Context
The Italian Penal Code, in Article 348, establishes penalties for those who unlawfully practice a profession requiring specific qualification. This provision also applies when a dental technician, in performing their duties, exceeds the limits set by law. The Constitutional Court has repeatedly affirmed the importance of protecting public health through strict regulation of healthcare professions.
- Respect for professional competencies is fundamental to ensuring patient safety.
- Dental technicians must limit themselves to the construction and repair of dental prostheses, without directly intervening in the patient's mouth.
- Violations can lead to serious legal and professional consequences.
Conclusions
Judgment No. 17164 of 2024 represents an important reference point for the dental technician profession and for the protection of public health. It clarifies that any direct intervention in patients' oral cavities by a dental technician is to be considered unlawful and subject to criminal penalties. It is crucial that professionals in the sector are always aware of their competencies and the limits imposed by law, in order to avoid the risk of incurring penalties for the abusive practice of medicine. Only through compliance with current regulations can a quality and safe service for patients be guaranteed.
