Regulation of Act No. 23,377
Bs. As. 1/11/88
VISTO Law Nro. 23,377 on the exercise of the profession of social service or social work, sanctioned by the Congress of the Nation on 18 September 1986 and promulgated on 17 October 1986; and
That it is necessary to proceed with regulation.
That the MINISTERY OF HEALTH and SOCIAL ACTION has projected the corresponding regulatory decree.
That the NATIONAL EXECUTIVE POWER is entitled to the dictation of this decree by article 86 (2) of the National Constitution and article 52 of the Law No. 23,377.
THE PRESIDENT OF THE ARGENTINA NATION
ARTICLE 1 - (Article 2 of the Law) - They are the functions of the social service professional or social work:
(a) Promoting organized participation of individuals, groups and communities to improve their quality of life.
(b) Conduct promotion, assistance and social rehabilitation of individuals and groups.
(c) Carry out actions at the individual-family, group and community levels that promote the exercise, rehabilitation and development of participatory behaviour.
(d) To take action to prevent the occurrence of social problems and/or their effects.
(e) Promote the creation, development, improvement and proper use of community resources.
(f) To carry out actions aimed at improving the systems of relations and communication in the groups, so that they achieve, through self-management, their integral development.
(g) Providing social action guidance and advice to individuals, groups and institutions.
(h) Train and guide individuals, groups and communities to use their own resources in meeting their needs.
(i) Organize, manage, direct, supervise social welfare institutions and services.
(j) Develop, conduct, implement, monitor and evaluate community promotion plans, programmes and projects.
(k) To technically supervise the social service or social work professionals themselves in the field of their specific competence.
(l) Conduct diagnostic studies of the social reality on which action should be taken.
(m) To participate in research and in the development, implementation and evaluation of plans, programs, projects and actions of different areas that have an impact on the socio-cultural.
(n) To advise on the formulation, implementation and evaluation of policies for social welfare.
(ñ) Conduct studies and research on:
1.- The socio-cultural reality and the epistemological aspects of the professional area, to create or perfect theoretical and methodological models of intervention.
2.- The causes of different social problems and factors that affect their genesis and evolution.
(p) Performing expertise on different social situations.
The functions listed in this article should be considered, for all purposes, of a teaching and or assistance nature.
Art. 2o - (Article 4 of the Law) - The precarious qualification referred to in article 4 of Law No. 23,377 may in no case signify authorization for the private exercise of the profession, except for the purposes of investigation, advice or teaching, during the end of their contracts with public or private institutions, legally recognized. At the same time, compliance with the rules
existing regulations and regulations on migration regime applicable to temporary residents.
Art. 3o - (Article 5, subparagraph (a) of the Act) - Professionals of social service or social work in agencies or institutions dependent on the National State, the Municipality of the Federal Capital or the National Territory of Tierra del Fuego, Antarctica and South Atlantic Islands shall be satisfied with the implementation of the provisions of article 5 (a) of the North Atlantic Act. 23,377.
Art. 4o - (Article 9, subparagraph (b) and (c) of the Law) - The powers of the Professional Council set forth in subparagraphs (b) and (c) of Law No. 23.377, entails the powers of the enrollment to control, in all cases, the suitability of the proceedings of the enrolled, as well as to ensure working conditions that allow proper compliance with their duties and professional functions, especially with regard to privacy requirements for the treatment of assisted persons and guarantee of the reservation of any confidential documentation. For this purpose, it may intervene on its own motion, on demand or at the request of the interested party. The resolution given in each case will not be an instance.
The Professional Council will also assess the nature and conditions of the tasks carried out by the registered persons, in order to promote to the relevant agencies the application of existing safety and social insurance standards related to occupational risk.
Art. 5o - (Article 24 (b) of the Law) - The qualifications referred to in article 24 (b) of the Law No. 23,377 will be the ones that constitute the final and definitive documentation that the centres of study mentioned in article 44 of the same Law have granted as proof that the graduates of them fulfilled the totality of the required curriculum requirements.
Art. 6o - (Article 24 (e) of the Law) - In order to register for the registration of the Professional Council, the petitioner shall pay, for the only time, in addition to the amounts referred to in section 16 (a) of the Law No. 23.377, an amount equivalent to CINCUENTA BY SCIENTA (50%) of the annual quota.
The pre-registration requirement will not be required until the Professional Council has been established.
Art. 7o - (Article 45 of the Law) - The first registration and electoral act, referred to in article 45 of Law No. 23,377 shall be made in accordance with the following provisions:
(a) The tasks inherent in this first registration and election will be carried out by the MINISTERY OF HEALTH AND SOCIAL ACTION, through the Directorate for the Control of the Professional Exercise and Health Establishments of the SECRETARIA DE SALUD, to which it will correspond:
1.- Register the social service professionals or social work that they request.
2.- Build and purify the pads.
3.- Call the electoral act.
4.- Designate the Electoral Board and assign its functions.
5.- Call on the elected members of the Steering Committee to leave the Professional Council established.
6.- To comply with article 46 of the Law No. 23 377 and article 8 of this Decree.
7.- To undertake any other task necessary for the implementation of this subparagraph.
(b) The MINISTERY OF HEALTH AND SOCIAL ACTION, through the Directorate for the Control of the Professional Exercise and Health Establishments of the SECRETARIAT OF HEALTH, may agree with public or private institutions covered by article 4 of the Resolution No. 1081/87 of the same MINISTERIO, the realization of collaborative or supportive tasks that are necessary for the better implementation of the provisions of the preceding paragraph.
(c) It shall be conditional on meeting the requirements of article 24, subparagraphs (a), (b) and (c), of the Law No. 23,377.
(d) The period of registration shall be CIENTO OCHENTA (180) days from the first working day following the publication of this Decree. In the event of the agreement referred to in subparagraph (b) of this article, the period mentioned shall be counted from the first working day following the publication of the same.
(e) During the QUINCE (15) days immediately following the period of registration, public displays will be made of the host pads to be determined by the MINISTERY OF HEALTH and SOCIAL ACTION through the Directorate for the Control of the Professional Exercise and Health Establishments of the SECRETARIAT OF HEALTH, in order to formulate the tachas and challenges.
(f) With the period of depuration of fertilizers referred to in the preceding paragraph, the MINISTERY OF HEALTH and SOCIAL ACTION shall call upon the empadrones to elect the authorities of the Professional Council. The electoral event will be held between the TREINTA (30) and CUARENTA and CINCO (45) days of completion of the period of depuration of the patterns. The publication of this call will take place at least DOS (2) mass circulation newspapers of Capital Federal.
(g) The deadline for the submission of lists will expire QUINCE (15) days before the election. The proponents of each list shall designate a securit of each one, which shall be integrated with the Electoral Board with a voice, but without a vote.
Art. 8o - (Article 46 of the Law) - Within CINCO (5) working days after the conduct of the electoral act, the Directorate for the Control of the Professional Exercise and Sanitary Establishments of the SECRETARIAT OF HEALTH, shall cite to the elected members of the Steering Committee, in order to make the Professional Council constituency, proceeding to give to it the documentation referred to in article 46 of the Law. 23 377.
Art. 9o - (Article 49 of the Law) - Enrolments of the Professional Council shall be entitled to the use of licences referred to in article 49 of Law No. 23.377, subject to the following provisions:
(a) The members of the Steering Commission and the Disciplinary Tribunal, for the term of their terms of office, without any right of assets, must be reintegrated into their places of employment within TEN (10) working days after the end of the mandate.
The time during which the above-mentioned enrollments had performed the above-mentioned functions will be considered as a time of service for the purposes of the computation of their antiquity, in the face of the benefits that they have legally or conventionally corresponded to in the event of service.
They shall also have the right to remain in their welfare and social work.
Provisions and social security that correspond to the employer shall be met by the Professional Council, from the beginning of the license to the reinstatement of employment. Those corresponding to the enrollment will be solved by it.
(b) Members of the Assembly of Delegates serving in institutions or agencies dependent on the National State, the Municipality of the Federal Capital or the National Territory of Tierra del Fuego, Antarctica and South Atlantic Islands, not subject to the collective labour conventions regime up to CINCO (5) working days per calendar year, with the enjoyment of assets, to attend the sessions of the body that they are members of. When more days are required of the aforementioned, the corresponding license shall be granted without having.
Members of the Delegates ' Assembly acting under collective labour conventions shall be entitled to the use of leave for the days required for the performance of their duties. This license shall be granted with or without possessions, as determined by the legal or conventional provisions applicable to the activity of the enrollment.
(c) Enrolments designated by the Professional Council to represent it at conferences, conferences, seminars, symposiums, seminars or courses to be held in the country or abroad shall be licensed without having any assets for the period required by such events.
However, they shall be entitled to remuneration for the period of leave, if so determined by the legal or conventional provisions governing the activity.
(d) The rule in subparagraph (a) of this article applies to those who are designated by the Professional Council to perform functions in the Monitoring Commission or in other bodies thereof.
(e) Employers may grant permission to enrollees indicated by the Professional Council, in order to make arrangements related to the performance of their duties.
(f) The granting of the licenses provided for in this article is subject to prior communication to employers by the Professional Council, which shall include:
1.- Name and surname and ID number of the enrollment.
2.- Charge for which he has been appointed or elected.
3.- Date of initiation and termination of the mandate.
Art. 10. - Contact, post, give to the National Directorate of the Official Register and archvese. ALFONSIN. - Ricardo Barrios Arrechea. - Jorge F. Sábato. - Ideler S. Tonelli.