In compliance with the decision issued in Process nº 1037525-81.2021.4.01.3400, moved by the Federal Council of Medicine (CFM) against the Federal Council of Nursing, the Brazilian College of Radiology and Imaging Diagnosis (CBR) and the Brazilian Federation of Gynecology and Obstetrics (FEBRASGO) come to clarify the following:
1. This is a provisional decision, handed down in the initial phase of the process, in which the judge, understanding that the legal requirements were not present in the case, rejected the request.
2. The decision in question did not analyze the merits of the discussion and, in relation to it, an appeal is possible;
3. Law No. 12,842/2013 – Medical Act Law – is clear in its article 4, item X, that carrying out the diagnosis is a private act of the physician;
4. The Brazilian College of Radiology and Imaging Diagnosis filed a request for assistance in the action at hand, based on article 120 of the Code of Civil Procedure, with the aim of supporting the judgment of the cause on the technical issues involved, including in the process, an opinion issued by its Ultrasonography Committee.
FEBRASGO and CBR understand that the indication, execution, interpretation and issuance of the Ultrasound exam report, as they are part of a medical act, are the exclusive competence of the physician, preferably with due certification by CBR/FEBRASGO/AMB, with title and/or area of expertise registered in the CRM of the respective jurisdiction, through the issuance of the RQE (Registration of Specialist Qualification). Therefore, the signatories will continue to seek compliance with the medical prerogatives guaranteed by current laws.
São Paulo, August 5, 2021
Valdair Muglia
President of CBR
Agnaldo Lopes da Silva Filho
President of Febrasgo