Judgment No. 17164 of 2024: The Abusive Practice of Medicine by the Dental Technician

The recent judgment No. 17164 of March 25, 2024, issued by the Court of Cassation, provides 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 Maxim of the Judgment

Medical profession - Taking dental impressions and inspecting the patient's oral cavity by a dental technician - Configurability of the crime - Existence - Reasons. The crime of abusive practice of medicine is constituted by 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 conditions of a prosthesis or to install it, given that for this professional figure, Article 11 of the Royal Decree of May 31, 1928, No. 1334, prohibits any manipulation in the patient's mouth.

This maxim highlights the Court's position regarding the professional competencies of dental technicians, clearly establishing that these figures cannot intervene directly in the oral cavity of patients. The reference legislation, particularly Article 11 of the Royal Decree of May 31, 1928, No. 1334, reiterates this principle, prohibiting any manipulation that could be considered medical in nature.

The Regulatory and Legal Context

The Italian Penal Code, in Article 348, establishes penalties for those who unlawfully practice a profession for which a specific qualification is required. This provision also applies in cases where the dental technician, in the performance of their functions, exceeds the limits established by law. The Constitutional Court has repeatedly reaffirmed the importance of protecting public health through strict regulation of health professions.

  • Respecting professional competencies is essential to ensure patient safety.
  • The dental technician must limit themselves to the construction and repair of dental prostheses, without intervening directly 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 the oral cavity of patients by a dental technician is to be considered illegitimate and punishable under criminal law. It is crucial that professionals in the field 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.

Bianucci Law Firm