Limiting the use of certain equipment and machines to hospital and their branches is a restriction on the exercise of a liberal profession, according to an opinion by the Council of State released on Tuesday.
As long as the Council of State cannot be convinced with additional arguments that this restriction is necessary, it will reserve “its position on the dispensation from the second constitutional vote,” the opinion states.
By refusing this dispensation, the Council of State cannot prevent a law from being passed, but it can drag out the procedure, as the Chamber of Deputies would then have to take a second vote.
The Association of Doctors and Dentists (AMMD) welcomes the Council of State’s opinion, which it thinks confirms its own interpretation of the bill.
According to AMMD President Alain Schmit, the state has taken measures that are “ineffective,” adding that “there are simpler ways to improve access.”
According to the authors of the draft bill, they now need to provide the Council of State with the required arguments, which Minister of Health Paulette Lenert wants to do as soon as possible.
“The aim remains to get the draft bill through the legislative process quickly,” the Minister said, adding from the outset “the goal was to find a simple and pragmatic solution.” Lenert noted that “if the current route is not successful, we must be aware that it will certainly take longer if we have to create rules specifically for the outpatient sector.”
The Council of State has also raised several formal objections. However, these are more of a technical nature and, according to the Minister of Health, will be resolved relatively quickly.
