The Supreme Court reiterates and underlines the competence of neurologists for neuropsychological testing.

Spain, February 2013.- With date of December 21, 2012, the third Chamber of the Supreme Court has issued a ruling in which, in accordance with the regulations in force at present, says that neurologists are competent specialists for neuropsychological testing.

This judgement has been given in an appeal lodged by the Spanish society of clinical neurophysiology in respect of a previous ruling of the higher court of Justice of the Basque country. The Superior Court of Justice of the Basque country had ratified the refusal of the Basque Government to exclusivity in carrying out neurophysiological testing specialists in neurophysiology.

The Supreme Court – in addition to underline that the autonomous communities lack professional management skills and that they cannot determine any kind of exclusivity in the exercise of professional duties by medical specialties – says that no legislation allowing to exclude neurologists of the neuropsychological testing there is.

The Court based its decision on the current regulatory of the training programme, the objectives and competences of the specialty in neurology, which cannot be denied, for the benefit of any other specialty, the possibility of carrying out the above tests.

Jimenez de Parga lawyers, legal adviser of the Spanish society of Neurology, ensures that this statement is very relevant since it is the first time that the Supreme Court pronounced on the competence of neurologists in this field. From the mentioned law firm claim that such statement, and despite having been issued for the area of the Basque country, is application direct to the rest of the autonomous communities and that, as stated by the Supreme Court itself, has been issued in accordance with the principle of unity of doctrine and legal certainty that the situation required.