Tuesday, September 28

The Canary Islands Government opens the door to require the vaccination certificate or a negative test to work if the health situation worsens

The Canary Islands Government has brought together in a decree law all the measures against COVID-19 applicable in the autonomous community. Among the twenty-eight articles in this document, number 14 stands out, by means of which the Ministry of Health is endowed with the enabling title to decide in which activities and public or private work environments it is necessary to show the complete vaccination schedule or a negative diagnostic test . Currently, this requirement applies to the arrival of passengers from the rest of Spain and for accommodation in regulated establishments in the Archipelago.

Article 14 also establishes that both the performance of diagnostic tests and the requirement for vaccination “shall comply with the regulation on informed consent” contained in the basic law regulating the autonomy of the patient and the rights and obligations regarding clinical information. Sources from the Ministry of Health have clarified that this article only enables Health to request the vaccination schedule or a negative test “in certain areas that will be defined in the future.” “It does not mean that in the Canary Islands you cannot work right now without the certificate,” they assert.

The tests will always be carried out by practicing medical personnel and will be analyzed by authorized laboratories and validated by the competent state or regional authority. The entities, organizations and companies that apply it must have the necessary means to complete the diagnostic process of active infection by COVID-19 according to the current protocols, and must commit to carry out the necessary complementary tests.

The entity, organization or company will notify the diagnosed cases to the management center with powers in public health by the procedures established by the competent state or regional authority, adds the document.

The performance of diagnostic tests will comply with the regulation on informed consent contained in articles 8 and 9.2.a of Law 41/2002, of November 14, basic regulating the autonomy of the patient and rights and obligations regarding information. and clinical documentation.

No vaccine and no negative tests

The denial of consent to perform the diagnostic tests will be recorded in writing and will lead to the impossibility of carrying out the work or activity to which the performance of the diagnostic test was conditioned, as well as, where appropriate, the possibility of imposing restrictions or personalized obligations in the terms provided by this decree law. This same precept will be applied to the effects of the vaccination requirement.

The decree law also includes a specific modification of the Canary Islands Health Management Law, so that within the scope of their respective competences, the Government of the Canary Islands, the counselor of Health, the person in charge of the Directorate of the Canary Islands Health Service, the person in charge of the competent management center in matters of public health, the presidents of the town councils and the mayors.

The health authority is empowered to appear and, where appropriate, enter, without prior notification and at any time, in any center or establishment subject to this Law; carry out or order the performance of the tests, investigations or examinations necessary to verify compliance with this Law and any applicable regulations.

It is also used to take and extract samples in order to verify compliance with the applicable legislation; carry out whatever activities are necessary for the adequate fulfillment of the inspection functions that they develop, especially, adopt in case of urgent urgency protection measures and execution orders.

As a result of the inspection, the competent health authorities may order the provisional suspension, prohibition of activities and definitive closure of the centers and establishments, as required by the protection of collective health or due to non-compliance with the requirements for their installation and operation.

The decree law also establishes the applicable measures for each alert level, from 1 to 4, the general prevention and hygiene measures, the mandatory use of a mask from 6 years of age and older, except in outdoor spaces and when there is no crowding; interpersonal distance or capacity.


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