We are going to examine the character of the specialist doctors in surgery wich the health organisation has to confront. In this way, nowadays ‘the rule of incompatibility’ is wrong for the healt organisation. Changing law about this matter is necessary and, on balance, the agreement rules. Waiting for this changement, we consider the law in developement, wich allows to change the agreement rules. This is the way: realizing the difference between the cases of incompatibility due to conflicting interests and the cases of incompatibility due to the necessity of assuring the public institution of the complete physician’s availability. The former are justified and the latter aren’t justified by the pubblic organization. By this way we suggest the change of collective agreements replacing forbidding with authorisation to practise medicine.