Health established a position on the conflict between Iosper and the College of Dentists

The Ministry of Health of Entre Ríos expressed its disagreement, through a statement, with the regulatory act issued by the College of Dentists of Entre Ríos, which sets fees for professionals “with the force of law, with excessive values ​​that affect and have repercussions negatively in the dental health of the population”. They also described the attitude adopted by said public entity as “illegitimate.”
The problem, “which has to do with establishing minimum fees for its members and social work, has prevented progress in the negotiation of agreements,” they said in another section of the document. As a result, the ministry issued a decision contrary to what the College of Dentists of Entre Ríos publicly exposes, due to the negative effects that the measure entails.

In this sense then, the official pronouncement indicates that in effect, there is a corporate and incompetent attitude on the part of said institution, contrary to the provisions of the same association law No. 7468, whose article 15 categorically establishes that, “the Board of Directors will have the following attributions: (…) k) promote before the executive branch the fixing of minimum fees for professional practice…”; which implies that the College, if it wants a regulation of professional fees, must promote before the competent authority in the matter (PE) the regulatory determination of fixed or mobile fees to compensate the professional activity of dental professionals, duly registered in the province. What it cannot do is provide in such a sense as it has done in the case, with harmful effects on the social and health security system, public and private.

Said act of the College –so dictated– stands as a factual, administrative or non-existent act; since it would be “a rude or violation of the legal order” that harms the legality and the public and health interest, as has been exhibited in the opinion of the State Prosecutor of the province No. 0440-22 dated September 22, 2022 issued in file No. 2705576, in relation to Iosper and its affiliates.

In this sense, it would not produce any legal effect, as if it had never existed due to its manifest illegality due to the manifest contradiction with the norm of creation of the same entity that dictated it.

On the other hand, maintains the Ministry of Health, reinforces this situation described in the law, the provisions of the new Constitution of 2008, in relation to the definition of the competences of the Associations of Professionals of the Province, which provided in a surviving manner to Law No. 7253, in article 77 that: “the State recognizes and guarantees the full validity of the Colleges and Professional Councils, the government confers on them on enrollment, the defense and promotion of their specific interests, the power to dictate their rules of ethics and implement voluntary conflict resolution methods”; not being understood the matter that said Association has arrogated in the matter of determination of professional tariffs.

“In such a sense We call this institution to reflect so that it declines its attitude in pursuit of the normalization of said health sector that includes the health of all Entre Ríos”stated from Health.

“As a society”, the Ministry of Health concludes by reflecting, “we have endured a terrible pandemic that has left us great lessons. Feeling, thinking and knowing each person made it possible for us to consecrate the human, basic and constitutional right that is to guarantee accessibility and equity in health”.

“In health we always say that the agenda is never finished, it is still valid by those who are in charge of the institutions, who are inhabited by people of flesh and blood such as professionals who, in addition to their expertise and training, carry rights, values and principles”.
In this direction, we trust that the setting of priorities will surely be leveled to the common good and not fall into sterile debates that only affect those most in need.

Health established a position on the conflict between Iosper and the College of Dentists – News –