OCCUPATIONAL THERAPY

Law 27.051

Exercise of the Profession of Occupational Therapists, Occupational Therapists and Licensors in Occupational Therapy. Sanctioned: December 03, 2014 Enacted in Fact: December 23, 2014

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

EXERCISE OF THE OCCUPATION OF OCCUPATIONAL THERAPISTS, OCCUPATIONAL THERAPISTS AND GRADUATES IN OCCUPATIONAL THERAPY

CHAPTER I

GENERAL PROVISIONS

Article 1-This law aims 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 provisions in force laid down by the judicial authorities and those which are hereinafter established throughout the national territory.

CHAPTER II

EXERCISE OF THE PROFESSION AND PERFORMANCE OF THE PROFESSIONAL ACTIVITY

ARTICLE 2 °-For the purposes of this law, it is considered an occupational therapy exercise, in the light of the qualifications obtained and the respective responsibilities, the analysis, evaluation, application, investigation and supervision of theories, methods, techniques and procedures in which the activities and occupations carried out by people and communities in their daily lives are implemented as a resource for 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 the same activities. It is also considered professional exercise of occupational therapy, degree and postgraduate teaching, such as those that apply to activities of a health, social, educational, community and legal nature-expert knowledge of specific knowledge.

https://www.boletinoficial.gob.ar/pdf/linkQR/UmpUVVJIcURiNlZycmZ0RFhoUThyQT09

Page 1

ARTICLE 3-For the purposes of this law, it is understood by: a) Activities of daily life: those oriented to the care of oneself, such as food, hygiene and clothing; b) Instrumental activities of daily life: support to life (c) productive occupations: are the activities necessary to participate in a formal, informal, protected and/or job-related job, and in the community, which include community mobility, money management and food processing, among others; voluntary service.

Article 4 °-The occupational therapist, occupational therapist or graduate in occupational therapy may exercise his professional activity autonomously or by integrating specific interdisciplinary or transdisciplinary teams, in private or in public or private institutions that require their services.

ARTICLE 5-The control of the professional exercise and the respective registration number shall be exercised by the authority which the effect designates each jurisdiction.

CHAPTER III

CONDITIONS FOR THE PURSUIT OF THE PROFESSION

ARTICLE 6-The professional exercise of occupational therapy is authorized only for persons who possess: a) Degree of graduate in occupational therapy awarded by national, provincial, state or private management universities recognised by competent authority; (b) A degree of degree of therapist or university occupational track awarded by state or private management universities duly recognised by competent authority, at the time of approval of the present law.

ARTICLE 7-Occupational therapists and therapists with degrees of university degree awarded by private institutions will have to carry out and approve a course of curricular complementation as established by the regulations, having for this purpose a period of five (5) years from the enactment of this law.

CHAPTER IV

SCOPE AND RESPONSIBILITY OF THE PROFESSION

Article 8 °-Occupational therapists, occupational therapists or graduates in occupational therapy are entitled to the following activities: a) Take actions to promote, prevent, care, recover and rehabilitate the health of people and communities through the study and implementation of the activities and occupations of self-care, basic instrumental, education, production and leisure; b) Conduct training with specific skills of the necessary skills specific to the basic, instrumental, educational, productive and time-free activities and occupations;

https://www.boletinoficial.gob.ar/pdf/linkQR/UmpUVVJIcURiNlZycmZ0RFhoUThyQT09

Page 2

c) Participate in the elaboration, implementation and evaluation of plans, programs and projects of community development that involve the implementation of activities and occupations as resources of personal, educational, social and labor integration; Design, evaluate and apply methods and techniques for the recovery and maintenance of the functional biopsychosocial capabilities of the people; e) Detect and evaluate early dysfunctions in the development of the infant and child, and perform early intervention; (f) Assessing the biopsychosocial functional capacity of people with environmental risk, and to promote and prevent occupational dysfunctions; g) Evaluate the biopsychosocial functional capacity of people, and to treat occupational dysfunctions as a means of personal integration, labor, (h) Participate in the design, implementation and evaluation of plans, programmes and projects aimed at assessing, preventing and treating diseases of the population; (i) participating in the evaluation, design and preparation of technical and technical assistance assistance technology and training, advising and training in the use of the same; (j) Participate, advise, train and train in the use of prosthetic equipment for the functional execution of the activities and occupations enunciated; k) Advise persons with special needs, their family and institutions as regards autonomy (i) to conduct judicial procedures and expertise in order to assess the functional capacity and occupational performance of persons; (m) conduct studies and research within the framework of the European Social Security Council. (n) Planning, organising, directing, monitoring and participating in the teaching programmes, degree and postgraduate courses of occupational therapists, occupational therapists and occupational therapy graduates; n) Planning, organising, directing, evaluating and exercising other roles and functions in occupational therapy services in public or private treatment institutions and units; or) Participate in the definition of policies in their area and in the formulation, organization, execution, supervision and evaluation of health and social plans and programs within the scope of their business.

CHAPTER V

SPECIALTIES

Article 9-To exercise as a "specialist" occupational therapists or occupational therapists or licensed in occupational therapy must possess the certificate, issued by the competent judicial authority according to the payroll of specialties to be determined.

ARTICLE 10. -For the exercise of the specialty occupational therapist, occupational therapist or graduate in occupational therapy must possess: (a) Title or certificate awarded by national, provincial, state or private universities recognised by competent authority in accordance with current regulations; (b) Certificate awarded by scientific entity of the specialty recognised by the competent judicial authority in accordance with current rules; (c) Certificate of approval of full professional residence, not greater than four (4) years, extended by public or private institution recognised by the authority competent court to be

https://www.boletinoficial.gob.ar/pdf/linkQR/UmpUVVJIcURiNlZycmZ0RFhoUThyQT09

Page 3

(d) Title or certificate issued by foreign universities that have been revalidated in the country in accordance with current regulations.

CHAPTER VI

INABILITY, INCOMPATIBILITIES AND ILLEGAL EXERCISE

ARTICLE 11. -They cannot exercise the profession, in any jurisdiction, occupational therapists, occupational therapists or graduates in occupational therapy who are sanctioned with suspension or exclusion in the professional exercise, for the duration of the sanction.

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

ARTICLE 13. -Persons who do not have a qualification as an occupational therapist, occupational therapist or graduate in occupational therapy shall be liable for the penalties which may be imposed on them by this law and their conduct reported for infringement of Articles 208 and 247 of the Criminal Code.

CHAPTER VII

RIGHTS OF PROFESSIONALS

ARTICLE 14. -The following are the rights of occupational therapists or occupational therapists or graduates in occupational therapy: (a) to exercise his or her profession in accordance with the provisions of this law and his or her regulations by assuming responsibility; b) Refusing to carry out or collaborate in the execution of practices that conflict with his convictions religious, moral or ethical, provided that it does not result in harm to the person; c) Contar with adequate guarantees that facilitate the fulfilment of the obligation of updating and permanent training when they exercise their profession in relation to public or private dependence; (d) perceiving fees, duties and salaries to their dignity (e) Contar with measures to prevent and protect their health in the workplace; (f) To form part of the plant of professionals of the public health system, education, community, social security, private medicine, (g) Acording fees and duties with social, prepaid, mutual and other works, individually or through their professional associations, civil associations and federations as appropriate in each jurisdiction; courts that understand in contests and internal selections for coverage of occupational therapists or occupational therapists or graduates in occupational therapy; (i) Conduct of outreach, promotion and teaching and knowledge of occupational therapy at the individual, group or community level; teaching and hierarchical positions in universities, in health institutions, or other related to their professional responsibilities.

https://www.boletinoficial.gob.ar/pdf/linkQR/UmpUVVJIcURiNlZycmZ0RFhoUThyQT09

Page 4

CHAPTER VIII

DUTIES AND OBLIGATIONS

ARTICLE 15. -Occupational therapists, occupational therapists or graduates 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) to carry out interconsultations with other health professionals; referrals to and from other health professionals when the nature of the problem so requires; (d) Save professional secrecy subject to the provisions of the legislation in force; and) issue reports of their benefits in the occupational therapy that contributes to the process of evaluation, promotion, care and recovery of occupational performance; (f) Procolation when required by the health authorities in the event of epidemics, disasters or other emergencies; (g) To set up a professional address in the appropriate jurisdiction.

CHAPTER IX

PROHIBITIONS

ARTICLE 16. -Occupational therapists, occupational therapists or graduates in occupational therapy are prohibited, as follows: (a) to make indications or actions beyond their jurisdiction; (b) to conduct, encourage, induce or collaborate in practices that mean human dignity; (c) to delegate to staff not empowered powers, functions or privileges of their profession; (d) Announce or advertise their professional activity by publishing false therapeutic successes, fictitious statistics, inaccurate data, promising unfounded results, or any other misleading claim; and (f) to participate in fees or in the form of a fee or (g) to make demonstrations which may create a danger to the health of the population, a loss of prestige, and to the extent to which it is likely to create a risk to the health of the population; (h) To be announced as specialists without being registered as such in the respective bodies which are in control of the professional registration and to announce specialties which are not duly authorised.

ARTICLE 17. -any person who is not included in Article 6 of this Law shall be prohibited from participating in the activities or carrying out the activities proper to the exercise of the professional's activity covered by this law.

ARTICLE 18. -the institutions and those responsible for the management, administration or management of the institutions to be employed to carry out the activities of the occupational therapy professional to persons who do not meet the required requirements by this law, or which directly or indirectly force them to perform tasks outside the limits laid down by this law, shall be

https://www.boletinoficial.gob.ar/pdf/linkQR/UmpUVVJIcURiNlZycmZ0RFhoUThyQT09

Page 5

(a) the penalties provided for in law 17.132, without prejudice to the civil, criminal or administrative liability which may be attributed to the said institutions and those responsible.

CHAPTER X

REGISTRATION AND REGISTRATION OF SANCTIONED AND DISABLED

ARTICLE 19. -for occupational therapists, occupational therapists, occupational therapists and occupational therapy graduates must first register the university enabling title issued or revalidated in accordance with Article 6 of the present law, by the competent authorities recognised and in the relevant court.

ARTICLE 20. -The Ministry of Health of the Nation must create a register of sanctioned and disabled professionals who will have access only to the enforcement authorities and professional colleges of each jurisdiction as determined by the regulations.

ARTICLE 21. -They are causes of cancellation of the registration, the following: a) Petition of the person concerned; b) Santion of the Ministry of Health of the Nation, or their equivalents in each jurisdiction, which disable for the exercise of the profession or activity; c) Death.

ARTICLE 22. -For the purposes of the application, procedure and prescription of the sanctions and the determination of inabilities and incompatibilities, the right of defense, due process and other constitutional guarantees must be ensured. For the purposes of the graduation of the penalties for failure to comply with this law, the seriousness of the failure and the repeat conduct in which the registration has been incurred must be considered; where appropriate, Articles 125 to 141 of the Law 17.132 exercise of the medicine and its modifications.

CHAPTER XI

SUPPLEMENTARY PROVISIONS

ARTICLE 23. -The Ministry of Education of the Nation must promote to the agencies that correspond to the unification of the ones of all the universities of state or private management, according to the present law.

ARTICLE 24. -The Ministry of Education of the Nation must promote, before the appropriate agencies, the dictation of courses of curricular complementation, destined for the graduates who to date possess tertiary degree not university of terapista or occupational therapist, whose validity is established in a period no longer than five (5) years from the sanction of this law.

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

https://www.boletinoficial.gob.ar/pdf/linkQR/UmpUVVJIcURiNlZycmZ0RFhoUThyQT09

Page 6

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

ARTICLE 27. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE THREE DAYS OF DECEMBER OF THE YEAR TWO THOUSAND FOURTEEN.

-REGISTERED UNDER NO 27,051-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.

Date of publication: 09/01/2015

https://www.boletinoficial.gob.ar/pdf/linkQR/UmpUVVJIcURiNlZycmZ0RFhoUThyQT09

Page 7