OCCUPIED

Law 27.051

Exercise of Occupational Therapies Profession, Occupational Therapists and Bachelors in Occupational Therapy.

Sanctioned: December 03, 2014

Cast: December 23, 2014


ARTICLE 1 — The purpose of this Act is to establish the general framework for the professional exercise of occupational therapy, based on the principles of integrity, ethics and bioethics, suitability, equity, collaboration and solidarity, without prejudice to the existing provisions of the jurisdictional authorities and those which are established throughout the national territory.


ARTICLE 2 For the purposes of this Act, the professional exercise of occupational therapy is considered, depending on the qualifications obtained and the respective responsibilities, the analysis, evaluation, application, research and supervision of theories, methods, techniques and procedures in which the activities and occupations carried out by individuals and communities in their daily lives are implemented as a resource of healthy intervention.

The activities of daily life, instrumental activities of daily life, rest and sleep, education, work, play, leisure and social participation are included within them.

Occupational therapy is also considered to be a professional exercise in degree and postgraduate education, such as those applied to activities of a health, social, educational, community and legal nature - which are part of specific knowledge.

ARTICLE 3 — For the purposes of this Act, it is understood that:

(a) Daily life activities: self-care activities, such as food, hygiene and clothing;

(b) Instrumental activities of daily life: those of support to everyday life in the house and in the community, including community mobility, money management and food processing, among others;

(c) Productive occupations: they are the activities necessary to participate in formal, informal, protected and voluntary employment.

ARTICLE 4 The occupational therapist, occupational therapist or graduated in occupational therapy may exercise their professional activity autonomously or by integrating specific interdisciplinary or transdisciplinary teams, privately or in public or private institutions that require their services.

ARTICLE 5 — The control of the professional exercise and the corresponding registration shall be exercised by the authority which designates each jurisdiction.


ARTICLE 6 The professional exercise of occupational therapy is authorized only to those who possess:

(a) Degree in occupational therapy granted by national, provincial, state or private universities duly recognized by competent authority;

(b) Degree of a university occupational therapist or therapist granted by state or private management universities duly recognized by competent authority at the time of adoption of this law.

ARTICLE 7 Occupational therapists and therapists with college-grade degrees issued by private institutions shall carry out and adopt a cycle of curriculum supplementation as established by the regulation, with a period of five (5) years from the enactment of this Act.


ARTICLE 8 — Occupational therapists, occupational therapists or graduated in occupational therapy are enabled for the following activities:

(a) Carry out actions for the promotion, prevention, care, recovery and rehabilitation of the health of individuals and communities through the study and implementation of self-care activities and occupations, basic instrumental, educational, productive and free time;

(b) Conduct training with specific techniques of the necessary skills of basic, instrumental, educational, productive and free-time self-care activities and occupations;

(c) To participate in the development, implementation and evaluation of community development plans, programmes and projects involving the implementation of activities and occupations as resources for personal, educational, social and labour integration;

(d) Design, evaluate and apply methods and techniques for the recovery and maintenance of the biopsychosocial functional capacities of individuals;

(e) Early detection and evaluation of dysfunctions in infant and child development and early intervention;

(f) To assess the functional biopsychosocial capacity of persons with environmental risk and to promote and prevent occupational dysfunction;

(g) Assess the functional biopsychosocial capacity of individuals and treat occupational dysfunction as a means of personal, labour, educational and social integration;

(h) To participate in the design, implementation and evaluation of plans, programmes and projects aimed at assessing, preventing and treating population diseases;

(i) Participate in the evaluation, design and preparation of technical and technical assistance and training, advice and training in the use of such assistance;

(j) Participate, advise, train and train in the use of protective equipment for the functional implementation of the activities and occupations set forth;

(k) To advise persons with special needs, their families and institutions on personal and social autonomy in order to promote their integration and improve their quality of life;

(l) Conducting arbitrations and legal expertise to assess the functional capacity and occupational performance of individuals;

(m) Conduct studies and research within the scope of their business;

(n) Planning, organizing, directing, monitoring and participating in educational programmes, degree and postgraduate careers of occupational therapists, occupational therapists and graduated in occupational therapy;

(ñ) Planning, organizing, directing, evaluating and exercising other posts and functions in occupational therapy services in public or private institutions and treatment units;

(o) Participate in the definition of policies in your area and in the formulation, organization, implementation, monitoring and evaluation of health and social plans and programmes within the scope of your business.


ARTICLE 9 — In order to exercise as a “specialist” occupational therapists or occupational therapists or graduated in occupational therapy must possess the title that accredits him, issued by the jurisdictional authority that corresponds to the payroll of specialties that he determines.

ARTICLE 10. - For the exercise of specialty the occupational therapist, occupational therapist, or graduated in occupational therapy must possess:

(a) Title or certificate granted by national, provincial, state or private universities recognized by competent authority in accordance with the current regulations;

(b) Certificate granted by scientific entity of the specialty recognized by the competent jurisdictional authority in accordance with current regulations;

(c) Certificate of approval of full professional residence, not exceeding four (4) years, extended by public or private institution recognized by the competent jurisdictional authority in accordance with current regulations;

(d) Title or certificate issued by foreign universities in the country according to current regulations.


ARTICLE 11. - They cannot exercise the profession, in any jurisdiction, occupational therapists, occupational therapists or graduated in occupational therapy who are subject to suspension or exclusion in the professional exercise, while the penalty lasts.

ARTICLE 12. - Incompatibility for the exercise of the profession of occupational therapy can only be established by law;

ARTICLE 13. - Persons who have no qualification shall exercise the profession of occupational therapists, occupational therapists or graduated in occupational therapy shall be liable to the penalties which may be appropriated by this law and their conduct reported for violation of articles 208 and 247 of the Criminal Code.


ARTICLE 14. - The rights of occupational therapists or occupational therapists or graduated in occupational therapy are:

(a) To exercise its profession in accordance with the provisions of this Act and its regulations by assuming responsibilities;

(b) Refraining to perform or collaborate in the execution of practices that conflict with their religious, moral or ethical convictions, provided that the person is not harmed;

(c) To have adequate guarantees that facilitate the fulfilment of the obligation to update and train on a permanent basis when they exercise their profession in relation to public or private dependence;

(d) Perceiving fees, tariffs and salaries to their professional dignity;

(e) To have measures for the prevention and protection of their health in the workplace;

(f) To form part of the professional boards of the public, educational, community, social security, private medicine, prepaid and mutual health system;

(g) To agree on fees and tariffs with social works, prepaid, mutuals and others, individually or through their professional schools, civil associations and federations as appropriate in each jurisdiction;

(h) Integrate courts that deal with competitive examinations and internal selections for the coverage of occupational therapists or occupational therapists or graduated in occupational therapy;

(i) Conduct outreach, promotion and teaching and impart knowledge on occupational therapy at the individual, group or community level;

(j) To hold educational and hierarchical positions in universities, in health institutions or other related to their professional responsibilities.


ARTICLE 15. - Occupational therapists, occupational therapists or graduated in occupational therapy will have the following duties and obligations:

(a) To respect in all its actions the dignity of the human person, without distinction of any nature, in accordance with the principles laid down in law 26.529;

(b) Interconsulting with other health professionals;

(c) To effect and receive referrals from and to other health professionals when the nature of the problem so requires;

(d) To keep professional secret subject to the provisions of the relevant legislation;

(e) To report on their occupational therapy benefits that contribute to the process of evaluation, promotion, care and recovery of occupational performance;

(f) Collaborate when required by health authorities in the event of epidemics, disasters or other emergencies;

(g) Establish professional domicile in appropriate jurisdiction.


ARTICLE 16. - Occupational therapists, occupational therapists or graduated in occupational therapy are prohibited:

(a) To make indications or actions other than its responsibility;

(b) To carry out, encourage, induce or collaborate in practices that impair human dignity;

(c) To delegate to non-entitled personnel the powers, functions or powers of deprivation of their profession;

(d) Announce or advertise its professional activity by publishing false therapeutic successes, fictional statistics, inaccurate data, promising unfounded results, or any other misleading statement;

(e) To subject persons to procedures or techniques that endanger their health;

(f) Participate in fees or benefits obtained by third parties that manufacture, distribute, commercialize or sell prosthesis, osteoses and appliances or professional equipment;

(g) To make manifestations that can generate a danger to the health of the population, a discredit to the profession or are related to professional ethics;

(h) Announce as specialists without being registered as such in the respective agencies that have professional registration control and announce specialties that are not properly authorized.

ARTICLE 17. - Any person who is not covered by article 6 of the present Act is prohibited from participating in the activities or from performing the activities of the professional under this Act.

ARTICLE 18. - The institutions and those responsible for the management, administration or conduct of the same ones who hire to perform the tasks proper to the activity of the professional of occupational therapy to persons who do not meet the requirements of this law, or who directly or indirectly force them to perform tasks beyond the limits set out in this regulation, shall be liable for the penalties provided for in Act No. 17.132, without prejudice to the civil, criminal or administrative liability that may be imposed.


ARTICLE 19. - For professional work, occupational therapists, occupational therapists and graduates in occupational therapy must first register the university qualification issued or revalued under Article 6 of this Law, by the competent authorities and the corresponding jurisdictional agency.

ARTICLE 20. - The Ministry of Health shall establish a register of sanctioned and disqualified professionals with access to only the implementing authorities and professional colleges of each jurisdiction as determined by the regulations.

ARTICLE 21. - These are causes of cancellation of registration, the following:

(a) Request of the person concerned;

(b) Punishment of the Ministry of Health of the Nation, or its equivalents in each jurisdiction, which is incapable of the exercise of the profession or activity;

(c) Death.

ARTICLE 22. - For the purposes of the application, procedure and limitation of sanctions and the determination of inability and incompatibility, the right of defence, due process and other constitutional guarantees must be ensured. For the graduation of penalties for breaches of this Act, the seriousness of the offence and the repeated conduct in which the enrollment has occurred should be considered; in the case of which articles 125 to 141 of Act 17.132 of the exercise of the medicine and its modifications shall apply.


ARTICLE 23. - The Ministry of Education shall promote to appropriate agencies the unification of curricula in all state or private universities, in accordance with this law.

ARTICLE 24. - The Ministry of Education of the Nation shall promote, before the appropriate agencies, the provision of curricular supplementation courses for graduates who have a non-university tertiary degree of therapist or occupational therapist, which is established in a period not exceeding five (5) years from the sanction of this law.

ARTICLE 25. - The application of this law in each jurisdiction shall be subject to accession or adequacy of its rules, as set out in each jurisdiction.

ARTICLE 26. - This law shall be regulated by the Executive Power in the term of one hundred and eighty (180) days since its publication in the Official Gazette.

ARTICLE 27. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE THREE DAYS OF THE YEAR TWO MIL CATORCE.


LOVE BOUDOU. - JULIAN A. DOMINGUEZ. — Juan H. Estrada. - Lucas Chedrese.