2020-05-13 17:50:23 - 11

CBR manifests itself in action that runs at the Forum of Pelotas/RS and gives its opinion on the impossibility of requesting exams by physiotherapists

The CBR, as an association that operates in the recognition of rights related to Radiology and Diagnostic Imaging, was called to manifest itself in a lawsuit that runs in the Forum of Pelotas/RS, giving its opinion regarding the impossibility of requesting exams by physiotherapists. It is known, in this sense, that the Law of the Medical Act (Law nº 12.842/2013), which provides for the practice of medicine, defines, in its article 4, the private activities of the physician and, following the same path, Resolution- CFM nº 1.627/2000. Thus, in its opinion, the CBR clarified to the Court that, from the aforementioned diplomas, it is understood that any measure aimed at diagnosis, prognosis or therapy (execution or prescription) it is a medical act and, therefore, exclusive to Medicine. In this way, it is understood that the physician who agrees to perform the radiological examination by a non-qualified professional commits an ethical fault, considering that any decision taken, based on its result, constitutes a nosological prognosis, legally recognized as a private act of a physician . The Federal Council of Medicine has even expressed its opinion on the subject on several occasions, always reiterating the understanding of opinions nº 21/85 and nº 1.445/97, which provide, expressly, that the request for exams can only be made by a physician. Incidentally, in dispatch nº 444/2019, of COJUR, the CFM recently reiterated all of the above, further stating that: “The conduct of diagnostic imaging clinics is to refuse requests for exams made by professionals who are not physicians, in casu, physiotherapists, finds support in the current normative order, being the correct procedure to be adopted.” Indeed, it is known that Medicine is the profession that offers the necessary training on anatomy, infectology, diseases and therapeutic methods, so that the professional, after carrying out the clinical examination, can request complementary tests, confirm his diagnosis and prescribe the therapy to be instituted, which does not occur with the other professions. Legal Advice