Legal protection · 09
Who can perform the treatment, and where.
Two distinct risks. Having a medical act performed by someone who is not qualified is a crime, more serious for the professional who directs it. And injecting in a practice without the authorisation required by the Region can lead to seizure.
Information, not legal advice. Read on 12 October 2026.
Who can do what
The rule
1 of 3
Criminal Code, Article 348
"Anyone who unlawfully practises a profession for which a special State qualification is required is punished with imprisonment from six months to three years and with a fine from 10,000 euros to 50,000 euros." The penalty rises from one to five years, with a fine from 15,000 to 75,000 euros, for the professional who has caused others to commit the crime or has directed their activity.
Read the textNormattivaWho can do what
The precedents
Filed on 14 February 2024
Court of Cassation, Criminal Division, Third Section, judgment 6566 of 2024
- The facts
- A doctor performs filler and botulinum injections in a practice in Sicily without regional health authorization. The premises, drugs and items used for the injections are seized, as they are considered invasive procedures to be performed in a clinic.
- What was decided
- Appeal inadmissible. The Court does not rule on guilt: it confirms the seizure at the precautionary stage. The case concerns the legislation of the Region of Sicily.
Who can do what
What protects the physician
- In the medical record, who performed each act, with name and qualification.
- The practice's health authorization, when the Region requires it, archived and linked to the location.
- For each device: the intended use indicated by the manufacturer and the maintenance log.
In Fibonacci
- Every entry carries the name of whoever made it, and every change remains in the history.
- In the Studio and Clinic plans, each person sees and does what their role provides.
Who can do what
What these sources do not say
The three decisions read concern seizures, not convictions. The rules on practice authorization change from Region to Region: you need to read the ones for yours.
The sources
- Criminal Code, Article 348Normattiva
- Law 1 of 1990, Article 1Normattiva
- Commission Implementing Regulation (EU) 2022/2346, Annex IVEUR-Lex
- Court of Cassation, Criminal Division, Sixth Section, judgment 3269 of 2026ItalgiureWeb, SentenzeWeb: search by number and year
Read on 12 October 2026. Information, not legal advice.
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