At its meeting of 17 September 2022, the National Council of the Order of Physicians examined the question of whether doctors are deontologically obliged to wear a mouth mask in their medical practice, including the waiting room.
Below is an overview of the rules that (would) be currently applicable, according to the Order of Physicians.
1.
In hospitals, every doctor is required to wear a mouth mask, according to the Order. The order argues that this is a legal requirement that applies nationwide.
This is incorrect.
There is no law requiring doctors and citizens to wear a mouth mask. On the contrary, there is an article of law that prohibits covering the face ( art.563ter penal code ). During the corona measures, a mouth mask obligation was introduced by Ministerial Decree of one federal minister and decrees of the 3 regional governments. This does not have the same value as a law that always prevails.
On 22.1.2022, through a decision of the Joint Community Commission, the oral mask requirement was reintroduced in hospitals, healthcare facilities and public transport because the infection rate was high ( 15.5%) and the vaccination rate was very low.
This regulation ends on 23.01.2023 and only applies in the Brussels Capital Region;
In Wallonia, the oral mask requirement in hospitals and healthcare facilities was introduced by decree of 21.10.2021. This regulation expired on 15.01.2022.
On 11.03.2022, the epidemic emergency was lifted by law and with it all other underlying decrees and rules.
However, on the same date, Jan Jambon, Minister President of the Flemish government quietly issued a decree making it further compulsory to wear the mouth mask in hospitals and healthcare institutions as well as public transport. This decree has no end date and has not been lifted yet.
The oral mask requirement still applies in Flemish hospitals and healthcare institutions until further notice and more specifically :
Healthcare institutions are defined as:
1° general, university and psychiatric hospitals;
2° residential care for the elderly;
3° family care, home care and local service centres in a care situation;
4° rehabilitation hospitals and facilities;
5° psychiatric care homes;
6° facilities recognised or licensed by the Flemish Agency for Persons with Disabilities.
Exceptions and derogations :
- the wearing of a mouth mask in general or in certain circumstances, for all or certain persons, is not mandatory if the care institution decides to do so on the basis of a risk analysis that fits within the guidelines applicable to such care institution.
- The mouth mask may be removed occasionally to eat, drink and when the nature of the activity makes wearing the mouth mask impossible.
- When wearing a mouth mask is not possible due to medical reasons, a face shield may be used.
The obligations do NOT apply to persons who are unable to wear a mouth mask or face shield due to a disability, substantiated by a medical certificate.
2.
In addition, again according to the Order, general practitioners and doctor-specialist with a private practice, working in Wallonia and Brussels, are legally obliged to wear a mouth mask in their doctor's office. In Flanders, this legal obligation does not apply.
As far as Flanders is concerned, this is correct. The obligation does not apply. Not for doctors nor for patients and others in the waiting room.
For Brussels, the notification is correct until 23.01.2023. On that date, the regulations will be lifted ( see above ).
For Wallonia, the Order's notification is not correct. There is no longer a duty to wear a mouth mask since 15.01.2022.
3.
The Order further states - citing a report by Sciensano - that as long as the scientific bodies recommend wearing the mouth mask in the doctor's office, every doctor has the deontological duty to follow this measure, based on the Code of Medical Deontology.
Sciensano states regarding mouth masks that any healthcare provider who comes into contact with a patient MUST wear a mouth mask. Sciensano is clearly referring exclusively to Covid patients or potential Covid patients and not any other patient.
Sciensano does not have the competence to impose rules. It may only advise. So there is no " must ".
The mouth mask obligation is NOT a deontological obligation. It is not registered in the deontological Codex nor in the Medical Codex.
If there are no legal rules, each doctor freely decides whether to wear a mouth mask in his practice or not and impose yes or no wearing of a mouth mask on his patients.
Summary :
Mouth masks in hospitals and healthcare facilities :
Wallonia : no
Brussels, yes until 23.02.2023
Flanders ; yes ( with possible derogations and exemptions )
Mouth masks in medical practices and other medical professions
Wallonia : no
Brussels : yes until 23.02.2023
Flanders : no
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