Buenos Aires' University

School of Medicine
Nursing Teaching Unit No. 89
Nursing school
National Hospital “Dr. “Baldomero Sommer”

Career: Bachelor's Degree in Nursing – Curricular Complementation Cycle

1st
Year 2 Four-month period

Subject: Ethics and Professional Socialization

Title: Comparison of laws

Teachers : Juan Carlos Cavichi

Student: Seidy Alexandra Loza Solano ID: 93944812

22 DE NOVIEMBRE DE 2019
Index

Introduction.................................................................................- 1 -

LAW 298 on professional nursing practice of the CABA........- 2 -

National Law on Nursing Practice 24004 and the Provincial Law

on Nursing Practice 12245.........................................................- 4 -

Conclusion................................................................................- 10 -
Introduction

In the following work, the laws of professional nursing practice, law 298 of the
CABA, national law 24004 and provincial law 12245 will be analyzed. The rights
and duties are described in chapters and, like all mandatory laws, they contain
a chapter of sanctions which establish those that contribute to the purposes and
policies contained in the entire articles and in particular, those provisions that
give security to society and users about the authenticity of the professionals.
These laws regulate nurses' functions in the areas of care, research, teaching,
clinical management, prevention, and health information and education.
At a collective level, you are authorized to actively participate in professional
associations, guilds, projects at all state levels that can benefit the health and
well-being of people whether in situations of health and/or illness, especially in
the field of prevention of diseases, health education, research and the
exchange of information with other professionals and with health authorities, to
better guarantee these purposes.
The nursing profession is legislated and governed by three laws, depending on
the place where the activity is carried out.
These laws are: NATIONAL LAW ON THE EXERCISE OF THE PROFESSION:
LAW 24,004; THE PROFESSIONAL PRACTICE LAW OF CABA 298 AND THE
PROFESSIONAL PRACTICE LAW 12,245 OF THE PROVINCE OF BUENOS
AIRES.
Laws 24004 and 12245 will be analyzed together due to the similarity of their
articles. Law 298 will be analyzed separately given some small differences not
so noticeable in the contents but in the numbering of the articles.
.
LAW 298 on professional nursing practice of the CABA

It is the law of the Autonomous City of Buenos Aires. It was sanctioned on

November 25, 1999, by the Legislature of the Autonomous City of Buenos
Aires, signed by the Head of Government Anibal Ibarra and Orlando Grillo and
promulgated in fact on January 5, 2000 and regulated by decree No. 1060/ 04
These laws are divided into chapters and these in turn into articles.
The concepts of this law are the same as law 24004 and 12245, but with small
differences in the articles.
Art. 1: Talks about the objective of this law, it guarantees a complete,
comprehensive, ethical and qualified nursing system.
Art. 2: Refers to the scope and forms of exercise of the profession that are
subject to this law.
Art. 3: Stipulates the functions included within the practice of nursing.
Art. 4: Grants nursing professionals autonomy to perform their functions
independently or in a dependency relationship, individually or in groups, intra- or
multi-professionally.
Art 5: Recognizes two levels of nursing:
a) Professional: Graduate and professional nurse
b) Auxiliary.
The jurisdiction of each level is determined by Penal Decree 2497/93.
Art. 6: Prohibits those who are not included within this law from exercising
nursing functions. as well as to act outside the levels of their responsibility.
Art. 7: Makes institutions that hire unauthorized people to practice nursing
subject to sanctions, as well as those that force them to perform tasks outside
the limits of each of their levels.
Art. 8: Professionals and assistants who begin the exercise of their activity after
this law is published must comply with the functions and responsibilities granted
to them by their title.
Art. 13: Rights of nursing professionals and assistants.

a) Exercise their profession or activity, in accordance with what is established

and regulated by this law.

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b) Assume responsibilities consistent with the training received.
c) Refuse to carry out or collaborate in practices that are not in accordance with
their moral or ethical convictions, as long as this does not cause any harm to
another person.
d) Have the appropriate guarantees to practice their profession when they do so
in a labor relationship or in a public function, as well as have guarantees to be
able to update themselves.
e) Have adequate resources and physical plants, equipment, and biosafety
material, in accordance with current regulations and that promote occupational
health and the prevention of occupational diseases.
f) Participate in organizations at the local, national or international level for the
prioritization of the profession and the creation and maintenance of decent living
conditions and work environment.
g) Participate in the formulation, design, implementation and control of nursing
care policies, plans and programs
h) Participate in the evaluation of nursing care in all subsectors of the health
system and others in which nursing personnel perform.
Subsections g) and h) correspond only to the professional level.
Regulations:
Sections a), b) and c). Unregulated.
Subsection d). The Health Secretariat of the Government of the Autonomous
City of Buenos Aires must implement and verify in the private and social
security sectors, updating programs for nursing staff in a dependency
relationship.
Sections.e), f), g) and h).Unregulated.
Art. 14: Obligations of nursing professionals and assistants.
a) Ensure and respect the dignity of the human person in all actions, without
distinction of any kind.
b) Ensure and respect people's right to life, health, beliefs and values.
c) Provide the collaboration that is required by the health authorities in case of
epidemics, disasters or other emergencies.
d) Carry out nursing activities within the limits of competence determined by this
law and its regulations.
e) Keep their competencies valid through permanent updating, in accordance
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with what the regulations determine in this regard.
f) Maintain professional secrecy and confidentiality of information.
Regulations:
Incs. a), b), c), and d). Unregulated
Inc e). The Secretary of Health of the Government of the City of Buenos Aires
must determine the criteria for renewal of the certificates in order to keep the
competencies valid.
Inc.f) Unregulated.
Art. 15: It is prohibited for nursing professionals and assistants , according to
their responsibilities:
a) Subject people to techniques or procedures that endanger their health.
b) Carry out, induce, or collaborate directly or indirectly in practices that
undermine human dignity.
c) Delegate their functions or powers to personnel not qualified for them.
d) Publish advertisements that mislead the public.
In particular, professional nurses are prohibited from acting under a relationship
of technical or professional dependence on those who are authorized only to
practice nursing at an auxiliary level.

National Law on Nursing Practice 24004 and the Provincial Law

on Nursing Practice 12245

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LAW 24004 : It is the National law. It was sanctioned on September 26, 1991, in
the Session Room of the Argentine Congress, signed by Mr. President Menem,
Avelino Porto, promulgated on October 23, 1991 by decree No. 2230/91 and
regulated by decree 2497/93.

LAW 12245 : It is the law of the Province of Buenos Aires. It was sanctioned on
December 9, 1998, in the Session Room of the Honorable Legislature of the
Province of Buenos Aires, signed by the President of the Senate, Rafael E.
Rome, the Legislative Secretary of the Senate, Mr. Francisco Ferro; the
President of the Honorable Chamber of Deputies, Mr. Juan Carlos López, the
Legislative Secretary of the Honorable Chamber of Deputies and promulgated
on January 14, 1999 by decree No. 18.

LAW 24004 – LAW12245

CHAPTER I- CONCEPTS AND SCOPE

Art.1: Refers to the scope and forms of exercise of the profession (autonomous
or dependent) that are subject to the provisions of this national law.
Art. 2: They stipulate the functions included within the practice of nursing, which
are those of health promotion, recovery and rehabilitation, as well as teaching,
research, advice and administration on issues of their concern.
Art.3: Recognizes two levels for the practice of nursing.
a) Professional: applies knowledge. Can perform hierarchical and management
functions. Preside over and integrate courts that hear competition to fill nursing
positions.
b) Auxiliary: applies techniques supervised by a professional.

Art. 4: Prohibits people who are not duly accredited from participating in nursing
activities and also from acting outside the limits granted by their title. It also
prohibits institutions from hiring people not qualified to practice nursing, or
requiring them to perform tasks for which they are not authorized.

CHAPTER II - OF THE PEOPLE INCLUDED

LAW 24004-LAW 12245
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Art.5: Refers to the titles that grant the people who hold them the right to
practice nursing at a professional level. These titles must be awarded by:
National, Provincial or private Universities, recognized by competent authority,
or by tertiary, non-university level training centers, dependent on national,
provincial, or municipal organizations and private institutions recognized by
competent authority.
In the case of titles or certificates granted by foreign countries, these must be
revalidated in accordance with current legislation or reciprocity agreements.
Art.6: Refers to auxiliary level titles, which must meet the same requirements as
the professional level.

Art. 7: Nurses who have any specialty must present the title that accredits the
training acquired.
Art. 8: Professional nurses in transit through the country hired by both public
and private institutions may practice for research, teaching or consulting
purposes, during the duration of their contract without previously registering the
titles, diplomas or qualifying certificates.

CHAPTER III - RIGHTS AND OBLIGATIONS

LAW 24004-LEY12245

Art.9: The rights of nursing professionals and assistants are:

a) Exercise their profession or activity, in accordance with what is established
and regulated by this law.
b) Assume responsibilities consistent with the training received.
c) Refuse to carry out or collaborate in practices that are not in accordance with
their moral or ethical convictions, as long as this does not cause any harm to
another person.
d) Have the appropriate guarantees to practice their profession when they do so
in a labor relationship or in a public function, as well as have guarantees to be
able to update themselves.
Art. 10: Obligations of nursing professionals and assistants.
a) Respect human dignity in all their actions without distinction of any kind.
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b) Respect the right to life and its integrity from conception to death.
c) Provide the collaboration required by health authorities in case of epidemics,
disasters or other emergencies.
d) Carry out their activities within the limits of competence determined by this
law.
e) Be permanently updated.
f) Maintain professional secrecy.
Art. 11: Nursing professionals and assistants are prohibited from:
a) Subject people to techniques or procedures that endanger their health.
b) Carry out, induce, or collaborate directly or indirectly in practices that
undermine human dignity.
c) Delegate their functions or powers to personnel not qualified for them.
d) Carry out their activity when they suffer from infectious or disabling diseases,
which will be verified by the health authority.
e) Publish advertisements that mislead the public.
In particular, professional nurses are prohibited from acting under a relationship
of technical or professional dependence on those who are authorized only to
practice nursing at an auxiliary level.

CHAPTER IV
REGISTRATION AND REGISTRATION
LAW 24004-LEY12245

Art 12: To practice nursing at both levels, the titles, diplomas or qualifying
certificates must be previously registered with the Undersecretary of Health of
the Ministry of Health and Social Action, which will grant the registration and the
corresponding credential authorizing the exercise of nursing. respective activity.
Art. 13: Enrollment implies the disciplinary power of the Undersecretary of
Health over the enrollee and the latter's compliance with the duties and
obligations established by this law.
Art.14: The following are grounds for suspension of registration:
a) Request of the interested party
b) Sanction by the Undersecretary of Health that implies temporary
disqualification
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Art. 15: are causes for cancellation of registration:
a) Request of the interested party.
b) Cancellation of the degree, diploma or qualifying certificate.
c) Sanction by the Undersecretariat of Health that definitively disqualifies one
from exercising the profession or activity.
d) Death.

CHAPTER V
OF THE APPLICATION AUTHORITY
LAW 24004-LEY12245

Art. 16: The Undersecretary of Health is the authority for the application of this
law, therefore it must be responsible for keeping the registration of the
professionals and assistants included in it, exercising disciplinary power over
them, as well as the functions and powers that this law gives him.
Art. 17: The Ministry of Health may be assisted by a permanent advisory
commission, of an honorary nature, made up of those enrolled by the training
centers and the trade and professional associations that represent them.

CHAPTER VI
DISCIPLINARY REGIME
LEY24004-LEY12245

Art. 18: The Undersecretary of Health exercises disciplinary power, regardless

of the civil, criminal or administrative liability that may be attributed to those
enrolled.
Art. 19: Name the sanctions in order of the severity of the offense committed.
a) Call for attention.
b) Warning.
c) Suspension of registration.
d) Cancellation of registration.
Art. 20: Refers to the causes for which nursing professionals and assistants
may be subject to these penalties.
a) Judicial sentence that entails professional disqualification.
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b) Contravention of the provisions of this law.
c) Frequent negligence or manifest incompetence, or serious omissions in the
fulfillment of their professional duties.
Art. 21: Talks about the way in which disciplinary measures are contemplated
and the applicable procedure.
Art. 22: Nursing personnel who work in a dependency relationship will not be
charged with damage or harm caused by a lack of essential elements, adequate
personnel in quantity or quality, or inadequate conditions of the establishments.

CHAPTER VII
TRANSITORY DISPOSITIONS
LAW 24004 – LAW12245

Art. 23: Talks about the provisions to which 'people who are performing nursing
functions, at any of the recognized levels, who work in public or private
institutions without possessing qualifications, must be subject.
These provisions are the following:
a) Register in the registry that will be opened for this purpose by the
Undersecretary of Health, within 90 days of the entry into force of this law.
b) Grants a period of two years to obtain the nursing assistant certificate and six
years to obtain the title of professional nurse, it also gives the right to use
licenses and franchises similar to those granted for study.
c) The Undersecretary of Health will supervise and regulate its functions to
protect the health of patients.
d) They will be subject to the disciplinary regime of this law.
e) Their salaries will be respected, even when their functions were limited by the
Undersecretariat of Health.
LAW 12245 adds a subsection that refers to people who are exempt from
obtaining the corresponding certificates, provided that they certify, through
certification from a competent authority, from a provincial or municipal
establishment, the practice of nursing at any of its levels. , for a minimum of ten
years prior to the date of entry into force of this law.

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Conclusion
Professional practice is a highly specialized task, with a high content of training
in decision-making, training and high-level and dense knowledge.
Among the distinctive attributes of the professions, autonomy, responsibility and
prestige are among the most precious.

Within the health team, nursing human resources constitute important human
capital, as a decisive factor in the production of transformations towards better
services that respond to the needs of the population.
The scarcity, criticality and heterogeneity of nursing personnel establish the
prioritization of professional training in an "effective, intensive and conducive
manner through a full-time training model" are concepts presented in the
Nursing Development Project of the year 2008.
This is not a situation exclusive to the Argentine Republic, but also to most
countries in the world, so large financing organizations such as the World Bank
subsidize different local strategies to reverse or improve health care.
The practice of the Nursing Profession is carried out with full technical and
scientific autonomy, with no limitations other than those established by the Law
and by the other principles and values contained in the legal and deontological
system.
The laws presented in this unit are the NATIONAL LAW ON THE EXERCISE
OF THE PROFESSION: LAW 24,004; THE PROFESSIONAL PRACTICE LAW
OF CABA 298 AND THE PROFESSIONAL PRACTICE LAW 12,245 OF THE
PROVINCE OF BUENOS AIRES.
We were able to analyze its concepts and scope, rights and obligations, rights
of nursing professionals and assistants, their registration and registration and
their comparison between them.

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Bibliography

Law 2004 https://www.argentina.gob.ar/normativa/nacional/ley-

24004-403
Law 298
http://www2.cedom.gob.ar/es/legislacion/normas/leyes/ley298.h
tml
Law 12245
http://archivo.cta.org.ar/IMG/pdf/06_ley_12245_ejercicio_de_la_
enfermeria__Prov.pdf

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