Bill 220.

First debate (committee stage)
  • TypeBill
  • 220
  • FiledSeptember 12, 2024
  • SponsorLuis Batista

Summary.

The bill provides for the practice of medical technology throughout Panama, in public and private health institutions and in teaching and research connected with clinical analysis laboratories. It defines the professional role through the planning, assessment, development and supervision of laboratory methods, the issuance of laboratory diagnoses, and cooperation with health teams. Its scope covers preanalytical, analytical and postanalytical processes, together with management, administration, regulation, advice, logistics, teaching and research concerning clinical laboratories, transfusion medicine and blood services.

To practice, a person must be Panamanian, be of legal age, hold a degree in Medical Technology or its equivalent, obtain professional certification from the National Committee of Medical Technologists (Comité Nacional de Tecnólogos Médicos), and receive a license to practice from the Technical Health Council (Consejo Técnico de Salud). The degree must come from a university accredited by the University of Panama (Universidad de Panamá); a foreign degree must meet that university’s validation requirements. Professionals already practicing lawfully and holding the required license when the proposed law takes effect may continue to practice. Recognition of postgraduate, master’s and doctoral specialties is requested from the Technical Council of Public Health (Consejo Técnico de Salud Pública) through the National College of Clinical Laboratory Professionals.

The bill creates the National Committee of Medical Technologists and provides that references in laws and regulations to the Technical Board of Laboratory Professionals (Junta Técnica de Laboratoristas) are to refer to the new committee. Its membership includes representatives of the Ministry of Health (Ministerio de Salud), the Social Security Fund (Caja del Seguro Social), the University of Panama, private universities and professional associations with legal personality; each has an alternate. The committee adopts its internal rules, assists with laboratory policies and standards, oversees professional ethics and bioethics, promotes training, and issues professional certifications. It meets ordinarily four (4) times a year and may hold extraordinary meetings in the specified circumstances.

Each clinical analysis laboratory must have a technical and administrative head who is a licensed medical technologist. Nationwide supervision belongs to the Ministry of Health through the General Directorate of Health (Dirección General de Salud). In the public sector, laboratory management posts are filled by competition every five years, based on professional experience, years of service and professional accomplishments. The bill also specifies when a person holding such a post may be removed.

For public sector professionals, the bill establishes a career and salary scale based on merit, education, continuing development, professional accomplishments and years of service. It has four horizontal categories and four academic grades. The National College of Medical Technologists of Panama (Colegio Nacional de Tecnólogos Médico de Panamá) and health authorities review it every four (4) years. The bill also provides for a biennial payment after the fourth category and a 40 % salary supplement for exclusive employment by a public institution. Years of state service, merit and experience count when applying salaries and supplements. Professionals already serving in the public sector retain their rights and guarantees, and may not be demoted or transferred to a position that diminishes their current one.

The Ministry of Health must inform professional associations about training activities of which it is aware. Health institutions must take occupational safety and biosafety measures. The bill recognizes medical technology as a high risk profession and provides for a salary supplement under existing agreements. If a medical technologist employed by a state institution dies while performing duties, their spouse, children under 18 years of age or dependants may receive financial assistance, after verification, from the employing institution. Its amount equals the salary the deceased would have earned during one year of service.

Finally, the bill replaces references in documents to the Technical Board of Clinical Laboratory Professionals (Junta Técnica de Laboratoristas Clínico) with the National Medical Technologist Committee (Comité Nacional de Tecnólogo Médico), sets February 10 as the profession’s commemorative date, supersedes Law 74 of October 9, 1978, and provides for commencement ninety days after promulgation. The Executive Branch must issue implementing regulations within 30 days after commencement. The provisions concern the named health and education authorities, public and private laboratories, blood services, professional associations, medical technologists and their families.

What it proposes.

  • Practice and licensing of medical technologists.
  • Organization and supervision of clinical analysis laboratories.
  • Public sector career scale, employment conditions and benefits.

Who it would affect.

  • Medical technologists and applicants seeking to practice.
  • Clinical analysis laboratories and public and private health institutions.
  • Health authorities, educational institutions and professional associations.

Key points.

  1. Requires a degree, professional certification and a license to practice, while addressing professionals already practicing lawfully when the proposed law takes effect.Art. 4
  2. Creates the National Committee of Medical Technologists, defines its membership, and assigns it certification, regulatory cooperation and ethics oversight functions.Arts. 6-9
  3. Requires a licensed technical head for each laboratory and assigns nationwide supervision to the Ministry of Health.Arts. 10-11
  4. Requires a competition for public clinical laboratory management posts every five years and limits the grounds for removal.Art. 12
  5. Establishes categories and grades for the career scale, periodic review, a biennial payment and a 40 % supplement for exclusive public employment.Arts. 13-16
  6. Recognizes employment protections, safety and biosafety measures, a high risk salary supplement, and financial assistance for family members or dependants if a technologist dies on duty.Arts. 18-23
  7. Supersedes Law 74 of October 9, 1978 and sets commencement and implementing regulation requirements.Arts. 26-28