In brief
With its judgment No. 946/2022, the Council of State confirmed the legitimacy of the Guidelines for the treatment of patients with SARS-CoV-2 infection issued by the Ministry of Health. In this respect, the administrative judge emphasized, however, that the Guidelines provide mere recommendations rather than mandatory provisions, which, from a legal standpoint, must be considered as nonbinding indications for the prescribing physician.
In light of the foregoing, the Council of State recognized that, in the exercise of his/her professional independence and in the awareness of his/her responsibility, the physician should be free to prescribe the medicinal products he/she deems more appropriate to the specific needs of the patient and, therefore, even medicines not provided for by the Guidelines, on condition that the relevant medicinal product is chosen based on scientific evidences.
