The Criminal Court No. 6 of Las Palmas de Gran Canaria On October 11, he condemned a chiromassist for the crime of intrusion and for the injuries caused to a young athlete he treated in January 2016 at a soccer club on the island of Gran Canaria.
The Official College of Physiotherapists of the Canary Islands (COFC) He appeared in this trial as part of the accusation for having assumed the processed functions that correspond by law to the profession of physiotherapist, and for being this way of a great interference to the competences of the health collective.
The condemned In the 2015-2016 season, he obtained a federative card for the category of regional preferential football that granted him a license as a health assistant, without submitting any health certificate for obtaining it.
On January 8, 2016, he proceeded to perform a therapeutic technique of acupuncture with electric currents to the complainant, suffering from cervical problems and back pain, for which he was not professionally qualified, which resulted in a pneumothorax in the left lung, and made him require subsequent surgical medical treatment, three days of hospitalization and support about a month and a half of convalescence.
The sentence, which is final, disqualifies the defendant from exercising her profession for one year and will have to pay a fine of around 2,200 euros for the crime of intrusion. In addition, you must assume a daily fee of € 6 for 6 months for the subsidiary personal liability, bear the costs of the process and pay the amount of 2,000 euros to the complainant for the injuries caused.
Three convictions in the Canary Islands in the last five years
Santiago Sánchez, president of the COFC, explains that he hopes that the resolution of this trial will help to understand both sports clubs and the population that "masseurs can not treat pathologies or do any type of therapeutic act, whether in the sports field as in this case, or outside it, "and that the health of citizens can be endangered, as has happened repeatedly, when treated by non-health professionals.
With this are three sentences condemning by intrusion that the COFC wins in the last 5 years. The other two refer to two cases that ended, in addition, with the closure of centers in 2013 in Tenerife and 2015 in Lanzarote, because two individuals exercised as physiotherapists without having an academic degree for it and without being registered in the corresponding professional association.
In this sense, from the COFC it is wanted to emphasize that the one of quiromasajista is not a regulated profession nor titled and that, therefore, it is not a sanitary profession, to the not being gathered in the Law 44/2003 of ordination of the sanitary professions. Therefore, this type of professionals can not "take off contractures", do sports massages, treat sprains, back or joint pains, lymphatic drainages, or issue any advice to pathologies, among other things.
In addition, from the collegiate institution it is requested that the laws be hardened so that the collective of chiromassagers can not obtain cards or licenses in the sports field, and that clubs and sports teams are informed correctly, both in the public and private spheres, of their professional competences.
They also advocate that it is mandatory for the academies that offer massage courses, to inform their students of the type of degree they obtain and the specific competences they acquire with training, differentiating them from sanitary ones, since in many cases the chiromassage men are usually also be 'cheated' by this type of centers when enrolling in them.
The physiotherapists, as health professionals ordered by the aforementioned Law 44/2003, are obliged to belong to their professional association, in order to give all the possible security guarantees to the users of the physiotherapy services, all this is regulated by a national law (Law 2/1974, of February 13) and an autono- mica law (Law 10/1990, of May 23), and the own one of creation of the institution (Law 1/1996 , of May 31).