Oversight of Radiology services by advice from other professions

With some frequency, it is reported that professional councils outside the field of medicine have extrapolated their functions, supervising radiology services, requesting documents and formulating unfounded demands. In this perspective, service owners and administrators must know the legislation that deals with the matter, as well as the position of our courts in this regard, in order to take appropriate measures. A first and important premise: each professional (individual) must be registered with the Council that oversees their profession; however, establishments (legal entities) must only be registered with the Professional Council that oversees their core activity. In the case of Radiology, the Regional Councils of Medicine are the supervisory bodies for the activity of the clinic, therefore the registration of the legal entity must be made only in this entity. This is the rule contained in Article 1 of Federal Law No. 6.839/80: “Art. 1 - The registration of companies and the recording of the legally qualified professionals in charge of them will be mandatory in the competent authorities for the inspection of the exercise of the various professions due to the basic activity or in relation to that for which they provide services to third parties.” In this way, imaging clinics whose core activity (basic) is the diagnosis of diseases - a private activity of physicians - must be registered/registered only with the Regional Council of Medicine of the region in which they operate. The Superior Court of Justice has decided in this sense, that is, that the registration of the establishment must be carried out only before the Professional Council that supervises the core activity of the company: “ADMINISTRATIVE - PROFESSIONAL COUNCIL - HOSPITLAR UNIT: EMERGENCY ROOM - PROFESSIONAL REGISTRATION .

1. Around the exercise of police power, under the jurisdiction of professional councils, jurisprudence was directed towards requiring membership of the predominant activity in the council.
2. In a hospital unit, medical, nursing, physiotherapy, nutritionism, and other services are developed, which does not oblige the legal entity to overlap their affiliation.
3. It is up to each professional to register with the council that oversees their profession, which does not extend to their employers.
4. Improvised special feature.” (REsp 232839/PE)

In this order of ideas, the performance of a certain class council (other than that of medicine) in radiology services is limited to the supervision of professionals (non-medical) linked and subordinate to them, and cannot, therefore, intervene in the activity of the company/service itself. CBR legal advice