Official position of FEBRASGO and CBR on the issuance of Field of Practice Certificates in Ultrasound

The medical entities mentioned below come to the public to clarify the judicial measure filed in favor of respect for the issuance of certificates for Qualification in General Ultrasound and Qualification in Ultrasound in Gynecology and Obstetrics. It should be clarified that according to current regulations, qualification certificates attesting the competence of the medical professional to perform certain specific medical acts can only be issued, in any area of medicine, by medical specialty societies ACCREDITED by the Joint Specialty Commission - CME, formed by the FEDERAL MEDICINE COUNCIL – CFM, the National Medical Residency Commission (MEC) and the Brazilian Medical Association (AMB), regulated by Federal Decree No. 8.516/15, as a single and indivisible rule. Specialty medical societies, including the Brazilian Federation of Gynecology and Obstetrics Associations (Febrasgo) and the Brazilian College of Radiology and Image Diagnosis (CBR) have, in turn, broad and unrestricted support from the AMB for AREA CERTIFICATION ACTIVITIES in Ultrasonography in Gynecology and Obstetrics. From the above, it is clear the restriction of competence throughout the national territory for issuing Qualification Certificates which, it should be repeated, can only be carried out by medical specialties recognized by the National Register of Medical Specialties. In this sense, the proposal to issue a Certificate of Qualification in Ultrasound by the Brazilian Society of Ultrassonography (SBUS), not recognized by the AMB as a medical specialty society, attempts a shortcut that violates the only current rule for obtaining certification in the field of ultrasound. existing action, which, once again, is the exclusive competence of FEBRASGO and CBR, as already explained, and recognized by the Mixed Commission of Specialties of the Ministry of Education. In view of the above, Febrasgo, with CBR's knowledge, was forced to seek in the courts the recognition of the illegality of SBUS's proposal to provide Certificates, which was granted by the 33rd Central Civil Court of São Paulo, in an injunction in case 1105889-53.2019. 8.26.0100, in which the magistrate, Dr. Sergio da Costa Leite, determined: "Likewise, the legitimacy of the defendant for granting authorization for physicians to perform ultrasound examinations in general and gynecological and obstetric ultrasound is also debatable, since it does not seem to have authorization from the Competent Bodies to do so , the verisimilitude of the law being present. The risk of damage that is difficult to repair arises precisely from the possible issuance of certificates in an irregular manner, by a disqualified entity. I therefore grant the urgent injunction, to prevent the defendant from disclosing the result of the test carried out on the last October 23rd, under penalty of payment of a fine in the amount of R$ 200,000.00 (two hundred thousand reais) in case of disobedience; and of non-issuance of any certificate, whose validity remains suspended, under penalty of fine in the amount of R$ 30,000.00 (thirty thousand reais) per certificate. We are sure that with this attitude and with the recognition of our rights by the judiciary, we stand in defense of legality, good professional practice and in safeguarding and respecting the health of the Brazilian population. São Paulo, October 30, 2019. Brazilian College of Radiology (CBR) Brazilian Federation of Gynecology and Obstetrics Associations (FEBRASGO)