Revise the Regulations of Law 24,317
Bs. As., 25/11/97.
B. O.: 2/12/97.
VISTO file No. 2002-9951 /94-8 of the registration of the MINISTERY OF HEALTH AND SOCIAL ACTION and the Law 24,317 of the Exercise of Kinesiology, and
That by the above-mentioned proceedings the MINISTERY OF HEALTH and SOCIAL ACTION, through the technical bodies of its SECRETARIAT OF POLICY AND HEALTH REGULATION and with the participation of the representative entities responsible for the study of the regulation of Law 24,317 of the Exercise of Kinesiology, has projected the corresponding Regulation.
That the General Directorate of Humanitarian Affairs of the Ministry of Health and SOCIAL has taken the intervention of its competence.
That the present measure is determined by virtue of the powers conferred by article 99 (2) of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1- Approve the Rule of Law 24,317 which, as Annex I, is an integral part of this Decree.
Art. 2°- Reference to the SECRETARIAT OF POLICY AND HEALTH REGULATION OF THE MINISTERY OF HEALTH AND SOCIAL ACTION to dictate the complementary rules of the regulations adopted by the present.
Art. 3°- Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM. - Jorge A. Rodriguez. - Alberto Mazza. -Carlos V. Corach.
REGLAMENT OF LAW 24,317 OF THE KINESIOLOGY EXERCISE
ARTICLE 1 °-No Rule.
ARTICLE 2- SECRETARIAT OF POLICY AND HEALTH REGULATION OF THE MINISTERY OF HEALTH AND SOCIAL ACTION, through the DIRECTION OF REGISTRATION AND FISCALIZATION OF HEALTH RESOURCES, shall establish the modalities for the Control of the Professional Exercise and the conditions and requirements that must be met for the acquisition of the registration.
ARTICLE 3°- The professional exercise of kinesiology includes, according to the responsibility of the university degree, the orientations of Kinesitherapy, Physiotherapy and Kinefilaxia.
It is of competence of Kinesitherapy: Massage techniques, Mobilization, Vibration, Percussion, Reeducation, Maniobras and Manipulations. Action techniques. Reflect (Digitopression, Stimulation, Relaxation). Corporal techniques. Early stimulation. Psychomotor Techniques (Psicomotricity applied). Exercise techniques with or without appliances. Special Exercise Programs: Corrective gymnastics. Cervical and Pelvian Traction. Muscle, postular, respiratory, psychomotor and ergonomic evaluations.
It is the competence of Physiotherapy: Thermotherapy techniques (with medical devices based on thermal and infrared radiation). Electromyovaluation. Phototherapy techniques (with medical devices based on ultraviolet radiation or visible spectrum). Application techniques for fixed or variable frequency ethromagnetic fields (with radiofrequency-based medical devices, from extremely low frequency -ELF- to MW microwave). Biostimulation techniques (with medical devices based on biostimulant lasers). Mechanical wave therapy techniques (sonic, infrasonic and ultrasonic). Electrotherapy techniques with their different types of variable currents in amplitude, waveform and frequency. Nervous Electrical Stimulation Techniques. Transcutaneous - (TENS). Respiratory aid in intensive care. Aspirations and Nebulizations.
All of these technologies and related medical devices must be properly registered and evaluated by the DIRECTION OF REGISTRATION AND FISCALIZATION OF HEALTH RESOURCES, which, based on the investigation of basic parameters of Energy, Power, Frequency and Modality, will analyze its biosafety and efficiency, granting the corresponding certificate of approval for its use when appropriate (Joint resolution of the MINISTERIAL
It is competition of Kinefilaxia: Massage and hygienic and aesthetic gymnastics. Games. Sports. Athletics. Functional Kinesic Assessments.
MINISTERY OF HEALTH AND SOCIAL ACTION through its SECRETARIAT OF POLICY AND REGULATION DE SALUD may incorporate, when the advance of the technique and science advises, any other apparatus or method leading to the recovery and rehabilitation of patients.
In addition to the professional exercise related to teaching, research, planning and management, kinesiologists may:
(a) Conducting training schools in official and/or private universities, integrating the body of teachers, participating in the development of curricula and curricula.
(b) To advise, plan, organize, evaluate, audit specific technical areas in public and/or private institutions and companies.
(c) Participate in the definition of policies and in the formulation, organization, implementation, monitoring and evaluation of discipline plans and programmes at different levels.
(d) Conduct outreach and impart knowledge on individual, group and community activities.
(e) Conduct and advise studies and research and perform expertise in different professional situations.
ARTICLE 4°- The derivation of the patient by the treating doctor must be made by means of a prescription dated and signed by the professional, where the patient's personal data, diagnosis of the disease, with request for therapeutic support with the guidance of Kinesitherapy and Physiotherapy and contraindications should be established.
The choice and dosage of the agents referred to in Article 3 shall be within the competence of the kinesiologist ' s professional in accordance with the responsibilities of the university degree. When pathology is at high risk, the treating medical professional may indicate the therapeutic agents that present risk factor, which should be taken into account by the kinesiologist professional.
The kinesiologists in the exercise of the profession individually must previously enable the premises or establishment where they will be performed, before the SECRETARIAT OF POLICY AND HEALTH REGULATION of the MINISTERIO DE SALUD and ACCION SOCIAL, which will be in charge of its control and control. The Secretariat may suspend the qualification and/or arrange for the closure of the premises or establishment when it does not respond to the sanitary hygienic conditions required by it, or public health is endangered.
In such premises or establishment, the diploma shall be displayed with the corresponding registration number.
When a professional exercises in more than one premises and/or establishment, he/she must show in one of them his/her diploma and registration and, in the other, authenticated photocopy and registration extended by the SECRETARIAT OF POLICY AND HEALTH REGULATION of the MINISTERY OF HEALTH and SOCIAL ACTION.
In the aforementioned premises or establishments, the name and surname of the professional and the profession without abbreviations should be included, instead, only university degrees and certificates registered at the SECRETARIAT OF POLICY AND HEALTH REGULATION of the MINISTERY OF HEALTH and SOCIAL ACTION, as well as the days and times of consultation.
In order to obtain the qualification of the premises and/or establishments, they must meet sanitary hygienic construction conditions and equipment appropriate to the activity and orientation.
ARTICLE 5°- No rules.
ARTICLE 6°- No rules.
ARTICLE 7°- Subparagraph (a) Unruled.
Subparagraph (b) The incapacity shall be determined by a medical board constituted as follows: DOS (2) physicians appointed by the SECRETARIAT OF POLICY AND HEALTH REGULATION OF THE MINISTERY OF HEALTH AND SOCIAL ACTION, one of whom shall preside the Board, and one (1) Doctor appointed by the MEDICINE FACULTY OF THE UNIVERSITY OF GOODS IN ARRES at the request of the SECRETARIAT OF PULATION The interested party may designate a physician who will be incorporated into the Board as a vehetor without a vote and may make written to the Board any comments it deems relevant to the development and practices of the review. The absence of the Doctor on the part will not prevent the role of the Medical Board, which will make its decisions by a simple majority of votes.
The Medical Board shall meet, perform the examinations and be issued within the TEN (10) working days of its integration, a period that for substantial reasons may be extended to VEINTE (20) days.
The Board's decisions will be appealed within the CINCO (5) working days of its notification to the SECRETARIAT OF POLICY AND HEALTH REGULATION, which will resolve in the term of TEN (10) working days.
ARTICLE 8°- No rules.
ARTICLE 9 No rules.
ARTICLE 10.- Subparagraph (a) Without Rule.
Subparagraph (b) Unruled.
Subparagraph (c) Unruled.
Subparagraph (d) Unruled.
Subparagraph (e) Unruled.
Subparagraph (f) In order to comply with the obligation to maintain its suitability and to establish its permanent update, kinesiologists shall attend the courses to which the KINESIOLOGY PROFESSIONAL COUNCIL, established by Article 13 of the present Rules, will be implemented, and meet the requirements established to obtain the corresponding certification.
ARTICLE 11. No rules.
ARTICLE 12. To register their qualifications and obtain corresponding enrollment, interested parties shall:
(a) To establish and declare their real and professional domicile.
(b) Present the Master Degree and/or Degree or Diploma recognized by competent authority and/or properly legalized.
(c) Submit a document that credits identity and certificate of domicile.
(d) Register your signature at the SECRETARIAT OF POLICY AND HEALTH REGULATION OF THE MINISTERY OF HEALTH and SOCIAL ACTION.
ARTICLE 13. SECRETARIAT OF POLICY AND HEALTH REGULATION OF THE MINISTERY OF HEALTH AND SOCIAL ACTION through the DIRECTION OF REGISTER AND FISCALIZATION OF RESOURCES DE SALUD, as the Implementing Authority of the present, will have a KINESIOLOGY PROFESSIONAL COUNCIL consisting of SEIS (6) kinesiologists enrolled, appointed on the proposal of the Gremial Entity - Professional recognized by the MINISTERY OF WORK AND SECURITY SOCIAL, whose functions will be honorary.
The Council shall be chaired by the Director of the Register and Control of Health Resources of the SECRETARY of POLICY AND HEALTH REGULATION of the MINISTERY OF HEALTH and SOCIAL ACTION or by whom the official designates.
La SECRETARY OF POLICY AND HEALTH REGULATION OF THE MINISTERY OF HEALTH AND SOCIAL ACTION shall have a deadline of TREINTA (30) days to designate the Council from the publication in the Official Gazette of this Regulation.
The Professional Council shall have the following functions:
(a) Periodically assess compliance with the Law and its Rules.
(b) To advise on the interpretation of rights, duties and obligations arising and any breaches of the Law.
(c) Develop rules on the individual and institutional exercise of the activity.
(d) Develop its own rules of operation and promote the creation of its commissions and inspections as a contribution to the best fighter of the professional exercise.
(e) Dictamine on topics to be considered by the DIRECTION OF REGISTRATION AND FISCALIZATION OF HEALTH RESOURCES OF THE SECRETARIAT OF POLICY AND HEALTH REGULATION, in the exercise of police power over the activity, and may recommend sanctions for those responsible.
(f) To determine the level of teaching and academics, the duration and requirements for the approval of the continuing refresher courses provided for in Article 10 (f) of these Rules. The duration of the courses will be established in accordance with the complexity and extent of the matter given and its practical theoretical contents will be adapted periodically as recommended by technological and scientific advances.
ARTICLE 14. No rules.