Review Of March 14, 2013 Decree Laying Down: «Documentazionenecessaria For The Approval Of Scientific Institutes Of Hospitalization And Treatment The First Resort. "

Original Language Title: Modifica del decreto 14 marzo 2013, recante: «Documentazionenecessaria per il riconoscimento degli Istituti di ricovero e cura acarattere scientifico».

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-04-03&atto.codiceRedazionale=15A02487&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

HEALTH MINISTER Seen art. 42, paragraph 1, of law January 16, 2003, n. 3 establishing a «proxy to the Government to issue a decree concerning the reorganization of the discipline of institutions for hospitalization and care scientific '; Having regard to the Legislative Decree of October 16, 2003, n. 288 establishing a "reorganisation of the discipline of institutions for hospitalization and care scientific, according to art. 42, paragraph 1, of law January 16, 2013 # 3 September 13, 2012», as amended by Decree-Law No 158, converted, with amendments, by law November 8, 2012, # 189; Having regard to the Act of understanding laying down "Organization, management and operation of institutions for hospitalization and care scientific unprocessed in foundations ' within the meaning of art. 5 of Legislative Decree No. 288 of 2003 and art. 8, paragraph 6, of the law June 5, 2003, n. 131, 1 St July 2004 established the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano, published in the official journal July 26, 2004, # 173, as amended by the Act of understanding established the May 29, 2014, published in the official journal June 25, 2014, # 145; Visto l'art. 1 of the said Legislative Decree laying down that institutions for hospitalization and care scientific national institutions are provided with legal personality and autonomy, according to standards of excellence, pursue research purposes, mainly clinical and translational research in biomedical research and in the Organization and management of health services and hospitalization benefits and high specialty care or perform other activities with the characters of excellence in art. 13, paragraph 3, point d); Visto l'art. 13 of the Legislative Decree, which States that the establishment of new institutions should be coherent and compatible with the health planning in the region concerned and that it is subject to the recognition referred to in paragraph 3 of the same article and takes place with reference to a single disciplinary specialization, consistent with the objectives of the national scientific programming under art. December 30, 1992, 12-bis of Legislative Decree n. 502 e successive modificazioni ed integrazioni ed only principals in which the same activity is carried out; Seen in particular: art. 13, paragraph 2 of the said Decree, which provides that public buildings that demand recognition may be constituted in the form of foundations under art. 2 of that Decree and that private facilities must constitute one of the legal forms covered by the civil code;
the art. 13, paragraph 3 of the aforementioned legislative decree, which States that the recognition of scientific institutes and is subject to the possession of the necessary requirements, which are referred to in the same subparagraph to a) h); Visto l'art. 14, paragraph 1, of the said Decree, which States that the application for recognition is submitted by all interested in competent region together with the documentary evidence of the ownership of the requirements laid down in art. 13 of the same legislative decree and that such documentation is determined by Decree of the Minister of health, after consulting the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano; that the region apply, which must be shown the real seat of activity of the structure and discipline that requires the recognition, to the Ministry of health, highlighting the consistency of recognition with its own health planning; Visto l'art. 15, paragraph 1, of the aforementioned legislative decree which stipulates that, for the confirmation of the recognition of a scientific nature, foundations, institutes and private RESEARCH unprocessed must submit to the Ministry of health, every two years, updated data about the qualifications referred to invoked art. 13, as well as the necessary documentation for the confirmation, as determined by the same Decree; Having regard to the Ministerial Decree of March 14, 2013 establishing a ' documentation necessary for the recognition of institutions for hospitalization and care scientific ' and, in particular, article. 2 related documentation required to confirm the recognition of the scientific character of institutes; Since the cited art. 15, paragraph 1, of the said Legislative Decree requires, for the confirmation of a scientific nature, only the maintenance of the requirements under art. 13 of the same Decree; Considered therefore necessary to modify the aforementioned ministerial decree March 14, 2013, eliminating art. 2 the part where it involves the production of documentation additional to that covered by the mentioned paragraph 1 of art. 15 of the said Decree; Felt, also replacing the annexes mentioned Ministerial Decree March 14, 2013, in order to simplify the documentation and make a distinction between the procedure of recognition and the procedure for acknowledgement of a scientific nature; Having regard to the favourable opinion of the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano, expressed at its meeting of January 22, 2015;
Decrees: Art. 1 changes to Ministerial Decree 14 March 2013 1. The Ministerial Decree March 14, 2013 are the following changes: a) in art. 1, paragraph 1, the words ' annexes ' shall be replaced by the following "the words ' Annex A ' and which form an integral part thereof ' shall be replaced by the words" that forms an integral part;
b) art. 2, paragraph 1, the words ' the documentation of art. 1, together with the provision of the region responsible, attesting to the confirmation of the continuing coherence of scientific recognition with their health planning ' shall be replaced by the following "the documentation referred to in Annex B to this Decree;
c) subsection 2 of art. 2 is deleted;
d) Annexes 1 and 2 shall be replaced by annexes A and B, forming an integral part of this Decree. This Decree is sent to the supervisory authorities for registration.
Rome, February 5, 2015

The Minister: Lara recorded at the Court of Auditors the March 11, 2015 supervising office of acts of the MINISTRY of EDUCATION, MINISTRY of CULTURE, Min. Health & Min. work, sheet # 1015