Modifies The D.l. N⺠2.763, Of 1979, With The Purpose Of Establishing A New Conception Of The Health Authority, Various Forms Of Management And Strengthen Citizen Participation

Original Language Title: MODIFICA EL D.L. Nº 2.763, DE 1979, CON LA FINALIDAD DE ESTABLECER UNA NUEVA CONCEPCION DE LA AUTORIDAD SANITARIA, DISTINTAS MODALIDADES DE GESTION Y FORTALECER LA PARTICIPACION CIUDADANA

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"Article 1-Introducense the following |! |" (changes in the Decree Law N ° 2.763, 1979: 1) replaced the article 4th by the following: "article 4.-the Ministry of health you |! |" shall be responsible for formulating, set and control policies |! | of health. As a result will have, among others, the |! | following functions: 1. to exercise the stewardship of the health sector, which |! | (comprende, entre otras materias: a) the formulation, monitoring and evaluation of |! | plans and general programmes of |! | Bless you.

(b) the definition of health objectives |! | National.

(c) sectoral and intersectoral coordination |! | for the achievement of health goals.

(d) coordination and international cooperation |! | in health.

(e) the direction and orientation of all the |! | activities of the State relating to the |! | provision of health, agreement actions |! | with set policies.

2 issue general rules on matters |! | technical, administrative and financial that |! | the agencies and entities of the system, must adhere |! | to implement activities of prevention, promotion, |! | promotion, protection and recovery of health and |! | rehabilitation of ill persons.

3 ensure compliance standards |! | in the field of health.

The control of the provisions contained in |! | the sanitary code and other laws, regulations and standards |! | complementary and sanctioning their violation when |! | appropriate, in matters such as health and safety of the |! | workplaces, and ambient products |! | food, burials and exhumations and relocation of |! | bodies, laboratories and pharmacies, will be carried out by |! | the Ministerial Regional Secretariat of respective health, |! | without prejudice to the competition law assign to |! | other organisms.

The work of inspection or verification of the |! | compliance with the standards shall be entrusted to |! | suitable third duly certified in accordance with the |! | Regulation only in those matters to this point and |! | whenever missing staff to develop these tasks |! | and grounds to warrant the assignment. The |! | procurement shall be governed by the provisions of the law No. |! | 19.886, and must comply with the entity, at least the |! | following requirements: qualified experience in |! | related materials, at least three years; staff |! | perfect, and sufficient infrastructure to perform the |! | work. Where these activities may be |! | developed by universities, the bases of the |! | tender should consider this condition with a |! | greater weighting factor.

4 carry out surveillance in public health and |! | to assess the health status of the population.

5 processing of data for statistical purposes and maintain |! | records or databanks with respect to matters of |! | his competition. Treat personal or sensitive data with |! | to protect the health of the population or for the |! | determination and granting of health benefits. |!| For the purposes provided in this issue, you can |! | requiring persons, natural or legal, public |! | or private, the information that was required. All |! | This according to the regulations of the law Nº 19,628 and envelope |! | professional secrecy.

6. formulating sectoral budget.

7. formulate, evaluate and upgrade the system of |! | Universal access with explicit guarantees, hereafter |! | also, "system boom", which includes the actions of |! | public health and the benefits to which they are entitled |! | the beneficiaries of the law N ° 18.469 and N 18.933 °.

8. formulate, evaluate and update the guidelines |! | sector strategic health or national health Plan, |! | consisting of the health objectives, priorities |! | national and people's needs.

9 set the policies and standards of investment in |! | infrastructure and equipment in the establishments |! | public that make up health care networks.

10 ensure the effective coordination of the |! | welfare networks at all levels.

11. establish the minimum standards that should be |! | meet health care providers institutional, such |! | as hospitals, clinics, dispensaries and centers |! | physicians, with the goal of ensuring that the |! | benefits reach the quality required for the |! | safety of users. These standards shall be fixed |! | According to the type of establishment and the levels of |! | complexity of benefits, and will be the same for the |! | public and private sectors. You must set standards |! | concerning sanitary conditions, safety of |! | facilities and equipment, techniques and |! | technologies, compliance with treatment protocols, |! | human resources, and in all other competitions |! | a matter that affects the security of benefits.
The mentioned standards must be established |! | using validated, publicly known criteria and |! | see the relevant technical agencies.

12 establish a system of accreditation for the |! | institutional providers authorized to operate. |!| For these purposes refers to accreditation the |! | periodic evaluation process with regard to the |! | compliance with the minimum standards outlined in the |! | paragraph above, according to the type of establishment |! | and the complexity of the benefits.
A regulation of the Ministry of health shall establish |! | the accreditation system, the entity or entities |! | accreditation, public or private, or its form of |! | selection; the requirements that must be met; the |! | powers of the accrediting body regarding |! | the results of the assessment; the periodicity of the |! | accreditation; the characteristics of the public register |! | providers accredited, national and regional, which |! | You must keep the Superintendence of health; the |! | tariffs that must pay lenders by the |! | accreditations, and other necessary materials for |! | develop the process.
Accreditation should apply the same standards to |! | the public and private health establishments.

13 establish a certification system of |! | specialties and subspecialties of providers |! | individual legally authorized health for |! | exercise their respective professions, that is, of the |! | natural persons who provide health benefits.
For these purposes, certification is the process |! | under which recognizes that a lender |! | individual health dominates a body of knowledge and |! | relevant experience in a specific field of the |! | work assistance, giving the corresponding |! | certificate.

Through a regulation of health ministries |! | and education, public institutions will be determined and |! | private, national and international, that will certify |! | the specialties or subspecialties, as likewise |! | the General conditions to be met by those |! | in order to receive the authorization to do so. The |! | Regulation shall, in addition, specialties and |! | subspecialties that will be part of the system and the form |! | that certification authorities should give a |! | know the following: the minimum requirements of |! | knowledge and experience which will require for each |! | specialty or subspecialty, procedures of |! | examination or background check to used for |! | grant certification, the background with regard to the |! | body of evaluators to be used, the background |! | that must be kept regarding the process of |! | certification of each applicant and characteristics |! | national and regional public record of the |! | certified lenders, which should keep the |! | Superintendence of health.

Universities officially recognized in Chile |! | will be certification authorities with respect to students |! | who have completed a training program and |! | training offered by themselves, if the |! | programmes are accredited in |! | accordance with the regulations in force.

14. establish, by means of resolution, protocols |! | health care. For these purposes, means |! | by health care protocols instructions |! | on operational management of health problems |! | certain. These are referential character and |! | will only be obligatory for the public sector and |! | private, unless there is a health causes |! | warranted it, it shall indicate in a resolution of the |! | Ministry of health.

15 implementing, in accordance with the law, systems |! | alternative dispute resolution about |! | civil liability of individual providers e |! | institutional, public or private, originated in the |! | provision of health, without prejudice to actions of the |! | appropriate judicial action. Systems |! | they can see the intervention of public entities |! | and private that comply with the technical conditions of |! | fitness.

16.-develop policies that allow you to incorporate a |! | approach to cross-cultural health in health programs |! | in those districts with high indigenous concentration.

17. the others granted by the laws and |! | regulations. "."

(2) Insert, after article 4, the |! | next 4 ° bis, new article: "article 4 bis.-for the fulfilment of the |! |" function referred to in number 8 of the previous article, |! | the Minister of health shall convene the formation of |! | Advisory Councils, which will be integrated by |! | individuals and representatives of persons |! | legal, public and private, of agreement |! | to the materials to be treated.
The resolution requiring the creation of Council |! | respective designated the term in office of |! | Members, the quorum for the transaction of business and the others |! | necessary rules for their operation. "."

(3) replace article 5 ° by the following: "article 5.-the Ministry of health will be |! |" integrated by the Minister; the Undersecretary of networks |! | Health care; the Secretariat for public health and the |! | Ministerial regional secretariats.
The Ministry is organized into divisions, |! | departments, sections and offices, whereas the |! | relative importance and volume of work than |! | mean function. "."

(4) the final subparagraph of article 6 to be repealed.

(5) repealed article 7.

(6) in article 8: to) Reemplazanse the first and second subparagraphs by |! | the following: ' article 8.-the Undersecretary of networks |! | " Health care will be responsible for matters relating to |! | the articulation and development of the health care network of the |! | System for the comprehensive care of people and the |! | Regulation of the provision of health actions, such |! | as standards to define levels of |! | necessary health care complexity for different types |! | performance and quality standards that will be |! | enforceable.
For that, the Undersecretary of networks will propose to the |! | Political Minister, policies, plans and programmes, ensure |! | enforce and coordinate their implementation by the |! | Health services, health establishments of |! | Experimental character, Central supply of the |! | National system of health services and others |! | agencies that comprise the system.
Deputy Minister of welfare networks will be the |! | hierarchical superior of the regional secretariats |! | Ministerial, in matters within their competence, and |! | divisions, departments, sections, offices, |! | units and personnel as applicable. "."

b) changed the third paragraph, which has passed a |! | (ser segundo, deel siguiente modo: i.-Agréga_se, en la letra b), then the |! | dot (.), the conjunction "and".

"(ii.-Sustitúyense, en la letra c), the conjunction |! |" and"that ends and the comma (,) that precedes it, by a |! | separate dot (.).
(iii. deleted the letter d) with two paragraphs.

((c) eliminate the final subparagraph d) add the following final new subsection: "Deputy Minister of welfare networks subrogated |! |" the Minister of health in the absence of the Undersecretary |! | Head of public health. "."

(7) replace the article 9th by the following: "article 9.-the Undersecretary of public health |! |" You subrogated to the Minister in first order, you will be charged |! | Administration and internal service of the Ministry and |! | matters relating to the promotion of health, |! | surveillance, prevention and control of diseases that |! | they affect populations or groups of people.
In respect of the matters referred to in subsection |! | above, shall be responsible for proposing to the Minister |! | policies, standards, plans and programmes, ensure by its |! | compliance, coordinating the actions of the National Fund |! | Health and the Institute of public health, and providing them with |! | instructions.
Also, will manage the planned financing |! | for public health activities, corresponding to |! | benefits and activities carried out to give |! | compliance programs of national importance and |! | those requiring the law to be financed by |! | the State, regardless of the quality of pension |! | of the individual or institution that benefits, allowing |! | run actions directly, through the |! | Secretaries Ministerial rgionales, of the entities |! | that make up the system, or by the conclusion of |! | agreements with persons or entities that apply.
Undersecretary of public health will be the superior |! | hierarchical Ministerial regional secretariats, |! | in matters within their competence, and divisions, |! | departments, sections, offices, units and personnel |! | that appropriate. In addition, as a collaborator of the Minister, |! | coordinate regional secretariats mentioned. "."

(8) article 10 to be repealed.

(9) repeal articles 11 to 13.

(10) in article 14: to) replace, in the first paragraph, the sentence |! | that begins with the phrase "which must" and ends with |! | the word "following:", by "without prejudice of the |! |" provincial offices which may be required. "."
((b) Suprimense literals from a) to j).

(11) Intercalanse, then of article 14, |! | the following articles 14 A, 14 B, 14 C, 14 D and 14 |! | E, new: ' article 14 a.-the Regional Ministerial Secretary |! | " It will be named in the form indicated the organic law |! | Constitutional Government and Regional Administration.
The Regional Ministerial Secretary shall be a |! | University Professional with competence, experience, |! | knowledge and skills in the field of |! | the public health.

Article 14 b. regional secretariats |! | Ministry of health will have the following functions, |! | in accordance with the rules and policies dictated by the |! | Ministry of health: 1. ensure the compliance, |! | plans, programs and national health policies |! | set by the authority. Also, adapting plans and |! | within the reality of the respective region, and programs |! | frame set for this purpose by the authorities |! | National.
2 execute the corresponding actions for the |! | protection of the health of the population of the risks |! | produced by the environment and conservation, |! | improvement and recovery of the basic elements of the |! | environment that affect it, ensuring due |! | compliance with the provisions of the health code and |! | the regulations, resolutions and instructions about |! | the matter, which will be equipped with all |! | the powers and duties as the sanitary code and |! | other rules and regulations sanitary |! | environmental confer, in accordance with provisions |! | Article 14 c.
3. adopt health measures corresponding |! | According to its competence, grant sanitary authorizations |! | and reporting on health matters. Standards, |! | standards and instruments used in the work of |! | control, will be homogenous for the |! | public and private establishments.
4 ensuring the proper implementation of actions |! | of public health by the entities that integrate |! | each service of health care network and in its |! | case, execute them directly, or by using the |! | conclusion of agreements with persons or entities |! | that it correspond.
In the exercise of these functions, coordinate |! | those actions of promotion and prevention whose |! | execution falls on health care.
5. keep updated diagnosis |! | epidemiological regional and perform surveillance |! | Permanent impact of the strategies and actions |! | implemented.
6 assist, at the request of any organism |! | public of the health sector, in the implementation of |! | reception of complaints procedures.
The procedures referred to in this paragraph |! | must be agreed with the above agencies, |! | as determined by the regulation.
7 comply with the inspection actions and |! | accreditation which the Act and regulations and |! | those that are entrusted to it by other organisms |! | public sector health through agreement.
8. assess the level of achievement of the targets |! | attached to the managers of health |! | municipal and their establishments, according to thing |! | provided for in article 4 of law No. 19.813.
9 organize, under their dependence and support the |! | functioning of the Commission's preventive medicine e |! | Invalidity.
10. the other laying down the laws and |! | regulations.

Article 14 C-will be the competence of the |! | Ministry of health, through the secretariats |! | Regional Ministerial, all matters that |! | they correspond to the health services, either in quality of |! | own or legal successors as functions |! | the national service of health and the medical service |! | National employees, and they do not tell relationship with the |! | implementation of integrated health care actions |! | in health, without prejudice to the execution of actions of |! | public health in accordance with number 4 of the article |! | earlier.
Relation to the matters dealing with this article, |! | the Ministerial Regional Secretaries of health |! | they must conform to the technical standards and |! | administrative of general character that is providing the |! | Ministry of health, whether at national or regional level.

Article 14 D-financial resources |! | raise the Ministerial regional secretariats of |! | health by concept of rates that charge by the |! | services provided, where appropriate, and by the |! | fines them corresponding to perceive, credited to the |! | budget of the Secretariat for public health, which |! | distribute it among the concerned secretariats |! | regional.

Article 14 E-characteristics in each secretariat |! | regional ministerial an Advisory Council, which will have |! | consultative status with respect to matters that indicate |! | This law and its regulations and that the Secretary-General |! | regional ministerial submit you for its consideration. The |! | members of the Advisory Board shall not charge |! | remuneration for their participation in it.
The regional ministerial Secretary shall convene |! | the Council in the first quarter of each year with the |! | aims to inform about the management of the year |! | above and the planning of the corresponding year. A |! | Regulation shall regulate the form of name to the |! | Members, the procedure for adopting agreements and |! | the other rules that are necessary for your |! | operation. "."

12) repealed article 15 13) article 16: a) in the heading, replace the phrase "the |! |" implementation of integrated actions, |! | protection and recovery of health and rehabilitation |! | of ill persons", with the following:" the |! | " articulation, management and development of the healthcare network |! | appropriate, for the implementation of actions |! | integrated promotion, protection and recovery of the |! | health and rehabilitation of sick people".
(b) replace, in the first subparagraph, paragraph |! | It says: "seven in the Metropolitan Region of Santiago: |! |" Central, South, South-East, East, North, West and |! | Health service of the environment."with the following:" six |! | " in the Metropolitan Region of Santiago: Central, South, |! | South-East, East, North and West. "."

(14) Intercalanse, then of article 16, |! | the following articles 16 bis and 16 ter, new: "article 16 bis-the healthcare network of each |! |" health service will be made up of the set of |! | public welfare establishments belonging |! | service, municipal settlements of |! | primary care of health of its territory and others |! | public or private establishments which have agreed |! | According to agreement with the respective health service, |! | to article 2 of this law, which shall collaborate |! | and complemented each other to resolve |! | effective population health needs.
The healthcare network of each health service must |! | collaborate and be complemented by the other services |! | health, in order to properly resolve the |! | health needs of the population.
Article 16 ter-care network of each |! | health service will be organized with a first level of |! | primary health care, comprising establishments |! | They shall serve in health care in a given |! | territory with population in charge and other levels of |! | greater complexity that will only receive referrals from |! | the first level of care, except in cases of |! | urgency and others that the Act and the regulations.
Primary care facilities, are |! | clinics, are dependent municipalities, de |! | health services or have agreements with these should |! | address, in the territory of the respective service, the |! | people in charge. These establishments, both |! | public and private, will be subject to the same |! | technical rules and financial contributions by type of |! | population, services provided and quality of these, and |! | they will be supervised and coordinated by the service de |! | respective health.
The establishments referred to in subsection |! | earlier, the resources physical and human than |! | have provided scheduled health care and |! | urgency, as well as support and teaching actions |! | When appropriate, making certain |! | postas, medical stations, or other activities |! | establishments approved, in order to facilitate the |! | access to the population.
The establishment of primary health care should be |! | comply with the instructions of the Ministry of health in |! | related to the collection and processing of data and a |! | information systems that must be kept. |!| You must sign up for beneficiaries of the law N ° 18.469 |! | in an establishment of primary care which form |! | part of the health care service network at which |! | your home or workplace is located. |!| This establishment will be which will provide them the |! | health actions that apply at this level and be |! | responsible for monitoring of health. The |! | beneficiaries may not change their registration in such |! | establishment within a year of the |! | same, unless they prove by documents |! | reliable, in that you must point, a |! | home or place of work different.
Without prejudice to the provisions of subsection |! | precedent, officials of the health sector |! | who are beneficiaries of the law No. 18.469, and their |! | loads, can be served in the same establishment |! | healthcare in that work, notwithstanding |! | of which may be referred to other health centers. "."

(15) repeal the second and third subparagraphs of the |! | Article 17.

(16) replace article 18 with the following: "article 18.-each service will be in charge of a |! |" director selected, appointed and evaluated according to the |! | Title VI of the Act No. 19.882. "."

(17) Insert, after article 18, the |! | following article 18 bis, new: "article 18 bis.-the Director will correspond you the |! |" Organization, planning, coordination and control of |! | the actions of health establishments providing |! | health care network of the territory within its competence, |! | for the purposes of compliance with the policies, |! | policies, plans and programs of the Ministry of health.
Such authority, according to the law, it shall ensure |! | especially to strengthen the response capacity of the |! | primary health-care level.
To this end, in accordance with the law No. 19.813, |! | It will determine for each entity administering health |! | primary and their establishments, specific goals and |! | indicators of activity, within the framework of the goals |! | sanitary national defined by the Ministry of |! | Health and better care to the population goals |! | beneficiary. The performance will be evaluated on this basis |! | of each administrative entity. For the purposes of the |! | determination of these goals, should require the |! | opinion of a Technical Advisory Committee chaired by the |! | director and integrated by the Director of care |! | Primary health service or his representative, a |! | the managers of health representative |! | located in the respective jurisdictional territory and |! | by a representative of the workers through the |! | national, regional or provincial entities, |! | According to its number of affiliates, own more |! | representativeness, without prejudice of the |! | additional queries to other instances that it considers |! | relevant.
The Director must also ensure by the |! | reference, referral, and contraderivacion of the |! | users of the system, both inside and outside of the |! | aforementioned network. "."

(18) in article 20: to) replace the heading of article 20 |! | by the following: ' without prejudice to the provisions of titles IV and |! | " V of this chapter, for the performance of their functions |! | the director will have, among others, the following |! | powers: "."
((b) replace the letter a) with the following: "a) ensure and, where necessary, direct execution of |! |" plans, programmes and actions of the network health |! | Health care; as also coordinate, advise and |! | monitor compliance with standards, policies, |! | plans and programs of the Ministry of health in all the |! | the service establishments.
Determine the type of health care that will make |! | self-managed hospitals and the way in which these |! | will relate to the other establishments of the |! | Network, under the terms of article 25 B. "."
"((c) amend the letter h) in the following manner: i) paragraph second, reemplazanse words |! |" The transactions referred to in the previous paragraph"|! | by "Transaction agreements".
(ii) be added, as the new, third paragraph the |! | Next: "real and personal property may be disposed to |! |" free title, only in favour of the Treasury and others |! | public entities, prior authorization from the Ministry |! | health. "."

((d) replace the letter m) with the following: "m) delegate its powers in accordance with the law;".
e) replacements, in the letter n), the conjunction "and" and the |! | (comma) that precedes him, by a semicolon (;).
f) Intercalanse, then the letter n), the |! | ((((siguientes letras o), p), q), r) and s) new, passing the |! | current letter n) to be the letter t): "o) declare exclusion, living statement |! |" outside use or to unsubscribe, the movable property of the |! | Service, and can use any mechanism to |! | secure advertising and free and egalitarian |! | participation of third parties in the disposition;
p) have founded resolution, the |! | secondment of officials of its |! | dependence and that are not part of the staff of the |! | Establishment of self-management network, according to the |! | Article 25 K, in any of the establishments |! | public healthcare network, provided that said |! | establishment is located in the same city in which |! | this to play. The Commission of service may take |! | place in a different city, whenever the |! | official consents to this.
In any case these committees may mean |! | the performance of functions of lower hierarchy to the |! | cargo or beyond the knowledge that this |! | required, nor prejudice to be imported for the |! | official.
It may be provided that the Committee shall be fulfilled in |! | total or partial, days and days |! | certain of the week.
Officials may not be appointed in |! | Utility Commission more than two years. No |! | However, at the request of the official and common agreement |! | the Commission may extend for the term agreed between |! | the parties.
Officials maintain, by the time that last |! | the Commission's services, the benefits |! | pursued by law they fishing them.
Official with respect to who provided the |! | Services Commission, which considers that this produces |! | impairment may request the replacement of the resolution |! | before the Director. The resolution of the Director may be |! | appealed to the Regional Ministerial Secretary of health |! | within a period of ten working days counted from the |! | date that communicate you this resolution or which |! | discard the replenishment.
Without prejudice to the provisions of this letter, the |! | Director may appoint on secondment to the |! | officials in accordance with the rules established by law |! | No. 18.834, administrative status;
q) conclude management agreements with the |! | respective managers of health |! | municipal, or primary care facilities, |! | that relate to, among others, assign resources |! | associated with the achievement of health goals, increase |! | of the resourcefulness of its establishments and |! | improvement of the levels of user satisfaction. |!| Referral agreements must contemplate, in general, |! | the objectives and goals, benefits and settlements |! | primary care involved, as well as the |! | activities, indicators, means of |! | verification and the measures to be taken in case of |! | failure to comply with their obligations.
Management agreements must be approved by |! | founded resolution of the Director of the service, in which |! | shall record that would justify its |! | celebration and the criteria used to choose to the |! | participating establishments. The conventions may |! | extended to other municipal establishments of |! | primary care who request it, provided that it exists |! | budgetary availability for such purposes and which are |! | submit a history justifying it from the |! | views economic and health;
r) assess compliance with technical standards, |! | plans and programmes which provided the Ministry of health to |! | primary health care establishments, and the |! | achievement of the targets set to such |! | establishments under the concluded conventions |! | subject to the previous letter and article 57 of the law |! | NO. 19.378. If the Director of the service to verify a |! | serious breach of the obligations indicated |! | previously, may represent such circumstance to the |! | respective Mayor. This communication will also be |! | forwarded to the regional Mayor, for the purposes of thing |! | provisions of article 9 of law No. 18.695, |! | Organic Constitutional municipalities;
(s) the budget of the healthcare network of |! | Dependants health and formulate considerations and |! | observations that deserve it budgets of the |! | self-managed hospitals, and. "."

(19) Intercalanse, then of article 21, |! | the following articles 21 A and 21 B, new: "article 21-in each health service |! |" a Council of integration of the health care network, in |! | later the Council of integration, of advisory nature and |! | Advisory, chaired by the Director of the service de |! | Health, which shall be responsible for advising the Director and |! | propose all the measures it deems necessary for |! | optimize the adequate and efficient coordination and |! | development between the address of the service, the |! | Hospitals and primary care facilities, |! | whether they own the service or establishments |! | municipal primary health care. In addition, le |! | It shall analyse and propose solutions in the |! | areas in which presented difficulties in due |! | integration of referral care levels of the |! | users.
The Council shall consist of representatives of |! | public health establishments at all levels |! | care, and private that integrate the healthcare network |! | of the service.

Article 21 B-the name of the establishments |! | dependent on the health service will be determined |! | by Supreme Decree issued through the |! | Ministry of health, a proposition of the respective |! | Director of the health service, who must accompany |! | for this purpose, the Regional Council's opinion |! | corresponding. "."

(20) replace, in article 23, the phrase: "of the |! |" Decree with force of law N ° 338, 1960 '' by the |! | Next: "of the law No. 18.834".

(21) replaced article 24 with the following: "article 24.-the services will be financed with the |! |" (siguientes recursos: a) with contributions and payments that make the bottom |! | National health benefits that extend to |! | the beneficiaries of the law No. 18.469, to values which |! | represent the levels of expected costs of the |! | benefits, according to the approved budgets;
(b) with the funds put at their disposal the |! | Undersecretary of public health or the Regional Secretary |! | Ministerial for the execution of health actions |! | public;
(c) with the rates that charge, when appropriate, |! | for the services and care provided, fixed in |! | tariffs, agreements, or other sources;
(d) with the fruits that produce their own goods |! | and from the proceeds of the disposition of those same |! | goods. This standard does not apply to the part of sayings |! | resources which, by special provision or act |! | probate or of donation, have a destination or |! | particular purpose;
(e) with donations that will make him and the |! | inheritances and legacies that will accept, what you should do with |! | benefit of inventory. These donations and |! | hereditary assignments will be exempt from all sorts |! | taxes and all liens or payment that affect them. |!| The donations will not require filing of overtone;
(f) with the participations, contributions, |! | local taxes, grants, contributions and transfers, |! | rents, utilities, fines, and other resources that receive, |! | (y g) by submission of projects to funds |! | competitive and to institutions or agencies |! | solidarity. "."

(22) Intercalanse, then of article 25, |! | the following titles IV and V, new: "title IV of self-management network establishments paragraph I of the creation and functions article 25 health facilities-|! |" dependent on health services, which have greater |! | technical complexity, development of specialties, |! | administrative organization and number of features, |! | they will get quality "Establishments of self-management in network", with the |! | terms of reference and conditions that designates this title, if |! | they meet the requirements to be determined in the |! | Regulation referred to in the following subparagraph.

A regulation, signed by the Minister of health, |! | must regulate, among other matters, the system of |! | the quality and the assessment process |! | compliance with the requirements and the |! | mechanisms of evaluation and control of its management. |!| You can also set different requirements and |! | mechanisms of evaluation according to the complexity, |! | specialization of human resources, organization |! | Administrative and performance that grant, as well as |! | those minimum and common requirements that all these |! | must comply, which must be referred, to the |! | less, the fulfilment of goals and health targets, |! | to financial management, personnel management, management of the |! | care and indicators and standards set in agreements |! | and standards.
These establishments must have procedures |! | measurement of costs, quality of care |! | borrowed and satisfaction of the users.
By founded a joint resolution of the |! | Ministries of health and finance, will be recognized the |! | quality "Establishment of self-management in network" to |! | those who meet the requirements set out in the |! | Regulation, which shall be subject to the rules of this |! | Title, as the first subsection.
"Establishments that obtain the quality of |! |" Establishment of self-management network"will be bodies |! | functionally decentralized correspondent |! | Health service, in accordance with provisions in the |! | Article 33 of the law N ° 18.575 and norms of the |! | This law.
However, in the exercise of the attributions |! | established by law in its sphere of competence, not |! | they commit, but resources and assets pertaining to the |! | fulfillment of its purposes to refer the |! | articles 25 L and 25 M.
The establishments of self-management network, inside |! | their level of complexity, execute the actions of |! | health which correspond to the health services of |! | According to the law.
Article 25 B-the establishment, as part |! | Member of the health care network, shall, at least: 1. develop activities |! | assistance, degree of technical complexity and |! | specialities as determined by the Director of the service de |! | Respective health, according to the framework set by the |! | Undersecretary of health care networks in accordance with |! | requirements and national health priorities and |! | of the respective healthcare network;
2 meet beneficiaries of the law N ° 18.469 and |! | Law N ° 16.744, who have been referred by one of |! | establishments of the health care networks that |! | appropriate, in accordance with the regulations provided the |! | Undersecretary of health care networks and service of |! | Health, and cases of urgency or emergency, the framework |! | the law and the relevant conventions;
3. keep information systems compatible with |! | corresponding health care network, which will be |! | determined by the Undersecretary of networks |! | Health care;
4 give attention and statistical information |! | of patients who request it, according to their |! | legal powers, by the Ministry of health, the |! | National Health Fund, the health service, the |! | Superintendence of health, establishments of the |! | Corresponding healthcare network or some other |! | institution with powers to order.
Settlements of self-management network than |! | intended for a preferential attention |! | certain specialty, to the exclusion of the |! | basic specialties, of high technical complexity and |! | nationwide, will be part of a network |! | Care of high national specialty |! | coordinated by the Undersecretary of health care networks, |! | According to a regulation of the Ministry of health. For |! | the effects of the provisions of paragraphs 1 and 2 of the |! | paragraph first, clamp only to the |! | regulations Assistant provided that.
Article 25 C-the establishment will be responsible |! | a Director, who shall be responsible for the second level |! | hierarchical health service for the purposes of the |! | Article thirty seven of the law N ° 19.882. You will need |! | the powers referred to in articles 25 E and |! | 25 F.
The position of Director of establishment should be |! | served in full-time 44 hours a week and |! | paid according to the Decree Law N ° 249, de |! | 1974, and its complementary rules, depending on the degree of the |! | scale in which the post is located in the |! | respective plant staff. You must be a professional |! | University with competence in the area of managing |! | in health.
The mechanisms and procedures for coordination and |! | relationship between the Director of the establishment and the |! | The corresponding health service director is |! | they be governed by the provisions of the law and the conventions |! | performance held in accordance with it.
The performance agreement should establish |! | especially sanitary policies related with the |! | compliance with health targets and integration to |! | the network, as also financial performance targets.
Without prejudice to the provisions of articles |! | fifty-seventh and fifty-eighth law |! | No. 19.882, the Director of the establishment will be removed |! | by the Director of the health service be checked the |! | violation of the agreement of performance or serious misconduct to |! | their duties officials. In cases of removal is |! | It will require consultation prior to the Minister of health, except |! | in the situations provided for in the fourth paragraph of the |! | Article 25 I.
Article 25 D-there will be a Consultative Council of |! | Users, which will be composed of 5 |! | representatives of the local community and 2 |! | representatives of the workers of the establishment.
The Advisory Council will have the function of advising |! | the Director of the establishment in the locking of the |! | political and in the definition and evaluation of the |! | institutional plans.
Likewise, in the first quarter of each year, the |! | Director will present the plan to the Advisory Council of |! | activities to be developed by the establishment during |! | the year, as well as the annual public accounts of the same.
A regulation will determine the materials, members |! | and procedures that apply to the right |! | development of the tasks that are incumbent upon the Council |! | Advisory.
The Director will also feature advice from a |! | Technical Council, which will aim to collaborate in |! | aspects of management that the Director requires its |! | opinion, as well as promote better coordination of |! | the activities of the establishment.
The Council will be chaired by the Director and shall be |! | made up of representatives of the various |! | headquarters of the establishment, according to stated it the |! | Regulation.
Article 25 e.-senior management and |! | control of the establishment shall correspond to the Director. |!| The Director of the health service cannot interfere in |! | the exercise of the powers conferred this |! | title to the Director of the establishment, or alter their |! | decisions. However, you can request the Director of the |! | Establishing the information necessary for the cabal |! | exercise of the functions of this.
Article 25 F-Director will be settled |! | the functions of management, organization and |! | administration of the corresponding establishment and |! | (especial tendrá las siguientes atribuciones: a) direct the execution of programmes and actions |! | health and coordinate, advise, inspect and control |! | all the premises of the establishment.
b) design and develop a plan for development of the |! | Establishment.
(c) organize internally the establishment and |! | assign tasks, according to the |! | This Act, the health code and other regulations |! | in force.
d) prepare and submit to the Director of the service de |! | Corresponding health, which shall forward it to the |! | Undersecretary of health care networks with a report, the |! | proposed budget for the establishment, the plan |! | annual activities associated with this budget and the |! | investment plan, in accordance with the needs of |! | expansion and repair of infrastructure, of |! | replacement of the equipment and the policies |! | the Ministry of health.
Without prejudice to General instructions which |! | given the direction of budgets for these effects, |! | the Director should prioritize activities and plan |! | investment, detailing the cost of each one of them |! | and justifying the proposed prioritization. Budget |! | indicate in detail the State of the collection of the |! | benefits granted and payable.
Deputy Minister of welfare, through networks |! | resolution, shall approve the budgets of the |! | Self-help establishments and the service, to |! | more by 15 December of each year, or the |! | next business day, if the 15 was a holiday, on the |! | basis of the budget approved at the service of health |! | the instructions provided and corresponding the |! | Management of budgets. Such resolution shall, |! | In addition, be endorsed by the management of budgets. Yes |! | the expired the Undersecretary had not dictated the |! | resolution, the budget presented by the Director are |! | It means approved by the only Ministry of law.
In each of the budgets of the |! | Self-help establishments and services of |! | Health, fixed the maximum staff manning; the |! | resources to pay for overtime in the year; the |! | expenses of training and development; spending |! | annual travel expenses; the provision of vehicles and the |! | amount of resources as the limit of availability |! | maximum application of law Nº 19.664 and others |! | maximum authorizations considered in the respective |! | budget, all this according to the instructions |! | given the direction of budgets for the elaboration |! | of the budget bill. Yes budget |! | approved by the Assistant Secretary of welfare networks is |! | lower than the one requested by the Director of the |! | Establishment, the Under Secretary shall indicate the |! | components of the annual plan of activities and the plan de |! | investments that should be reduced to conform to the |! | approved budget.
(e) implement the budget and the annual plan of the |! | establishment, in accordance with the rules relating to |! | the financial administration of the State.
The director may modify the budget and the |! | amounts determined in his glosses.
Such modifications may be rejected by |! | resolution of the Undersecretary of health care networks, de |! | accordance with the instructions given by the |! | Management of budgets. If the Undersecretary not be |! | pronounced in the period of fifteen days, counted from the |! | receipt of the request, it shall be accepted.
Copy of all acts relating to the |! | budget changes must be sent to the |! | Health service corresponding to the address of |! | Budgets.
f) perform the duties of administration of the |! | personnel assigned to the establishment in both |! | correspond to the scope of the same, in terms of |! | substitutions, training, qualifications, jornadas de |! | work, service, committed staff, committees |! | recognition of compensation, including all |! | those allowances and bonuses which are |! | granted by the Director of the service, holidays, |! | medical licenses, permits, social benefits, |! | Administrative and other responsibility set the |! | Regulation.
With respect to contracts and to recruit staff |! | on the basis of fees, the Director of the |! | Establishment shall exercise the functions of a |! | upper head of service.
A regulation, issued through the Ministry of |! | Health, which also will be signed by the Minister of |! | Treasury, shall establish the necessary rules to exercise |! | the functions that is the literal present.
(g) hold contracts for the purchase of services from |! | any nature, with natural persons or |! | legal, for the performance of tasks or |! | functions, General or specific, even if |! | own or common settlement.
The expenditure for the contracts referred to in this letter |! | may not exceed 20% of the total budget |! | assigned to the respective establishment.
(h) contracts governed by law N ° 18.803.
i) run and celebrate all kinds of acts and |! | contracts on movable and immovable property and things |! | physical or intangible to which they have been assigned or |! | affected the establishment and those acquired by this, |! | and compromise with respect to rights, actions and |! | obligations, contractual or non-contractual.
Transaction contracts must be approved |! | by resolution of the Ministry of finance, when is |! | in the case of amounts exceeding 5,000 units of |! | promotion.
However, real estate may not alienate without |! | that mediate prior authorization granted by resolution |! | the Ministry of health, and subject to the rules of |! | the decrees N ° 1,056, 1975, or N ° 1939, laws of |! | 1977 when the alienation of movable property reaches |! | seven thousand monthly tax units in one year, |! | all that happen you will require authorisation |! | the Director of the health service respective preview.
In addition, without prejudice to the provisions |! | r), movable and immovable property may be disposed to |! | free title, only in favour of the Treasury and others |! | public entities.
j) agreements governed by decree with |! | force of law N ° 36, 1980, of the Ministry of health.
k) conclude agreements with health service |! | respective, with other establishments of self-management in |! | Network with health establishments of character |! | Experimental, and administering health entities |! | primary belonging to their territory, which are |! | You can provide all the resources needed for the |! | implementation of the agreement, by the destination of |! | officials to collaborate on this, transfer |! | budget funds or other appropriate modalities |! | to its nature. In particular, you can stipulate the |! | supply of medicines, supplies and other expendable |! | owned by the establishment. Real estate, |! | equipment and instruments transferable bailed or |! | another domain does not traslaticio title, and will be |! | restored to its termination. Agreements with entities that are not part of its |! | Healthcare network must have the approval of the |! | Director of the service.
(l) agreements with individuals or |! | legal entities, public or private law, whether or not |! | profit with the aim that the |! | Establishment grants performance and actions of |! | health, agreeing prices and methods of payment or |! | prepaid unless otherwise agreed, in accordance with the rules as |! | for these effects given the ministries of health and |! | of the Treasury.
Persons or institutions that held such |! | agreements will be required to complete payment of the |! | granted benefit. The breach of the |! | obligations of the beneficiary of the provision |! | or health action shall not affect the obligation |! | with the establishment by the people or |! | involved institutions of the Convention.
Agreements with health institutions |! | social security will be subject to the provisions in the |! | articles 22 and 33 of the Act No. 18.933 in relation the |! | use of beds.
The agreements referred to in this letter no |! | they may, in any case, mean postponement or |! | prejudice to the attention that the establishment should |! | provide to the legal beneficiaries. In consequence, |! | with the sole exception of emergencies or |! | properly qualified emergency, such beneficiaries |! | legal be preferred above non-beneficiaries. The |! | referred to in article 25 H audit shall determine |! | compliance with the provisions in this paragraph.
Infringement of provisions of officials in |! | This article will incur responsibility and will bring |! | I get a disciplinary action that establishes the |! | Article 116 of the law No. 18.834.
(m) agreements with health professionals |! | officials of the national system of services which are |! | health and which comply with at least 22 hours |! | weekly when they relate to cater to their |! | patients individuals in the establishment. In these |! | cases, this care must be done outside the |! | opening hours of their working day. By resolution founded |! | conventions may be authorized with professionals |! | meet 11 hours per day or |! | professionals who are not officials of the system, |! | prior approval from the Director of the health service.
These conventions may not discriminate |! | arbitrarily, must conform to the rules of procedure and the |! | instructions that together impart ministries |! | Health and finance and, under them, can be |! | allocate pensioners a hospitalization.
The particular patient should ensure |! | duly payment of all obligations for |! | This generated with the establishment by the execution |! | of the Convention, in accordance with the instructions of the |! | Ministries of health and finance.
In any case, priority will be given to the payment of the |! | expenses incurred by the establishment, and this |! | will not be liable for any damages that occur as |! | result of such benefits or health actions, |! | with the exception of the damages directly caused |! | by the negligence of the establishment.
The agreements referred to in this letter no |! | they may, in any case, mean postponement or |! | prejudice to the attention that the establishment should |! | provide to the legal beneficiaries. In consequence, |! | with the sole exception of emergencies or |! | properly qualified emergency, such beneficiaries |! | legal be preferred above non-beneficiaries. The |! | referred to in article 25 H audit shall determine |! | compliance with the provisions in this paragraph.
Infringement of provisions of officials in |! | This article will incur responsibility and will bring |! | I get a disciplinary action that establishes the |! | Article 116 of the law No. 18.834.
n) conclude agreements with the National Fund of |! | Health and with the corresponding health service by the |! | benefits granted the settlement to the |! | beneficiaries of the law N ° 18.469 in the mode of |! | Institutional care. In the case of the modality of |! | Free choice will apply the General rules of the |! | Law N ° 18.469.
With the exclusive aim of verifying that the |! | agreements complying with article 25 B, the respective |! | Director of the health service, or the Undersecretary of |! | Health care networks in the case of establishments |! | that are part of the healthcare network of high |! | Specialty, must approve them previously, within |! | fifteen days of its receipt. After |! | that term, if well-founded objections, have not become the |! | agreements shall be deemed approved.
Disputes resulting from noncompliance with paragraph |! | precedent will be resolved by the Minister of health.
n) provide benefits to the beneficiaries of the |! | Law No. 18.469, according to the legal norms and |! | regulations in force, to which you can celebrate |! | agreements with health services, lest |! | establishing conditions and modalities that |! | correspond.
or) take action concerning public health, according to |! | legal and regulatory standards, for thing |! | which may conclude agreements with the Regional Secretary |! | Ministerial and Deputy Minister of public health, to end |! | establish terms and conditions than |! | correspond.
(p) establish autonomously a tariff for the |! | attention of non beneficiaries of the law |! | N ° 18.469, which in no case may be less to the |! | tariff referred to in article 28 of this law.
q) perform leasing operations and invest |! | seasonal box on the market surplus of |! | capitals, prior authorization from the Ministry of |! | Hacienda.
r) declare exclusion, living statement |! | out of use and take down the collateral of the |! | Establishment, and may use any mechanism |! | that it ensures advertising and free and egalitarian |! | participation of third parties in the alienation.
(s) delegate, under its responsibility, and |! | pursuant to law N ° 18.575, |! | powers and faculties in officials of its |! | dependency.
(t) confer mandates in certain matters.
(u) perform such other functions and powers |! | that it placed upon the laws and regulations.
(v) remitted, wholly or partly, in cases |! | exceptional and grounds, with agreement of the |! | Director of the respective health service, the difference |! | cargo law Nº 18.469 affiliate, according to |! | criteria previously defined by resolution |! | It was founded from the Director of the national health fund.
Investments that are funded with resources |! | own and which exceed 10,000 tax units |! | monthly, shall require the authorization of the |! | Director of the respective health service.
For all legal purposes, the representation |! | judicial and extrajudicial health service |! | respective shall delegate to the Director of the |! | Establishment, when powers exert |! | mentioned in this article. Notified the demand, |! | You must put it, within 48 hours, in knowledge |! | the Director of the health service staff |! | appropriate, who shall adopt measures |! | administrative that came and may intervene as |! | adjuvant at any stage of the trial.
Article 25 g.-the establishment will be subject to |! | an annual assessment of the Undersecretary of networks |! | Care to verify the compliance of the |! | standards determined by joint resolution of the |! | Ministries of health and finance, which will include a thing |! | least the following matters:
to) comply with the obligations established by the |! | Article 25 B, which will require a report to the |! | Director of the appropriate health service, except in |! | cases of establishments that are part of the network |! | Welfare highly specialized;
b) be registered in the Health Superintendency |! | as institutional accredited health provider;
(c) have successfully implemented systems or |! | management and skills development mechanisms in |! | areas such as planning and management; |! | personnel administration; care and support to the user; |! | financial management and internal audit; |! | systems of public accounts to the community, among others.
d) budgetary balance and |! | financial, defined as equality that should exist |! | between income and accrued expenses and the payment of |! | accrued and unpaid obligations takes place in |! | a period not exceeding sixty days;
(e) achieve the goals which are |! | determined in relation to levels of satisfaction of the |! | users;
f) achieve a joint right inside of the |! | Healthcare network, for which a report is required for the |! | Director of the appropriate health service, except in |! | cases of establishments that are part of the network |! | (Asistencial de Alta Especialidad, y g) the goals of registration and reduction of |! | waiting lists that have agreed with the |! | Director of the health service or the Undersecretary of |! | Welfare networks, as appropriate, for what is |! | It will require a report from the Director of the health service |! | appropriate, except in the case of establishments |! | that are part of the healthcare network of high |! | Specialty.
Article 25 H-the establishment should be |! | the administrative and financial management audits to |! | least once a year, which can be performed |! | by external auditors as standards that is providing |! | Deputy Minister of welfare networks.
Without prejudice to the foregoing, and of the respective |! | governmental accounting, establishing standards |! | You must prepare quarterly financial statements in the |! | form that define the rules.
Copy of the reports and financial statements |! | Networks Undersecretary and the Director of the service de |! | Respective health.
Article 25 i.-detected by the Undersecretary of |! | Welfare networks, the Director of the health service |! | respective or the Superintendent of health the |! | breach of the standards outlined in the |! | Article 25 G, the Assistant Director will represent |! | the status settlement and granted a term |! | 15 business days, which may be extended by a |! | one time, to present a Plan of adjustment and |! | Contingency.
The Secretariat, together with the address of |! | Budgets, will have a maximum period of 15 days |! | to speak out about the Plan of adjustment and |! | Contingency, either approving it or rejecting it.
If the Secretary approves the plan is presented, |! | This must be run on time as agreed, which |! | It may not exceed of one hundred and twenty days. After this |! | term should be assessed if you rectify the |! | breaches that sought to legalize with his |! | implementation.
The non-submission of the plan, its rejection or the |! | unsatisfactory evaluation thereof, shall be deemed |! | gross breach of performance by a party Convention |! | the Director of the establishment which, in these |! | cases, cease their duties of Director by the single |! | Ministry of law. Likewise, in both is |! | reset the level of standards compliance |! | established, the managers of the respective |! | establishment is not entitled to the allocation |! | associated with the fulfillment of specified requirements, de |! | According to the rules laid down in chapter VI of |! | This law.
Article 25 J.-through resolution of the |! | Undersecretary of health care networks will be regulated the |! | way in which the user population of the settlement |! | You can express your requests, suggestions and criticism.

Paragraph Special II standards of staff article 25 K-plant officials or a |! | contract to play in the establishment to the |! | date of granting of the quality of "establishment |! |" self-management network"remain earmarked for this. |!| Without limiting the foregoing, by resolution founded of the |! | Director of the health service, at the specific request of the |! | Director of the establishment, you can put term to the |! | destination in the establishment of certain |! | officials, who will be at the disposal of the |! | Corresponding health service, all this when thing |! | require the service needs and in any case |! | suitable for the good performance of the |! | Establishment.
Contracts to existing fees to date |! | indicated will continue to have their effects in accordance with |! | the provisions contained in them.

Paragraph III of resources and assets of the establishment article 25 l.-the establishment, to the |! | performance of its functions, will feature the following |! | (recursos: a) with those payments that make you the background |! | National health benefits granted to the |! | take advantage of the law N ° 18.469;
(b) with those payments that perform you service of |! | Respective health benefits granted to the |! | take advantage of the law N ° 18.469;
(c) with those pay him the |! | Undersecretary of public health or the Regional Secretary |! | Ministerial by the execution of health actions |! | public;
(d) with the income, when |! | correspond, for the services and attentions render, |! | fixed tariffs, agreements, or other sources;
(e) with the fruits that produce the goods |! | for its operation and with the product of the |! | alienation of those same goods;
(f) with donations that will make him and the |! | inheritances and legacies that will accept, what you should do with |! | benefit of inventory. These donations and |! | hereditary assignments will be exempt from all sorts |! | taxes and all liens or payment that affect them. |!| The donations will not require filing of overtone;
(g) with the participations, contributions, |! | local taxes, subsidies, and other resources that you |! | corresponds to perceive;
(h) through submission of projects to funds |! | competitive and to institutions or social solidarity agencies, |! | (e i) with contributions, transfers, subsidies |! | received from the law of the budgets of the Public Sector, |! | natural and legal persons under public law or |! | private, national or foreign, and borrowing |! | and internal and external credits contracted in |! | accordance with the law.
Article 25 m.-the establishment will have use, |! | enjoyment and exclusive disposition of real estate and |! | the health service-owned furniture |! | appropriate, that they are destined to the |! | functioning of health services, |! | administrative or other objectives of the establishment, to |! | "the date of the resolution that recognizes their condition of |! |" Establishment of self-management network"and others |! | goods which subsequently acquires any title.
Within the period of one year, counted from the date |! | in the previous section, using one or more resolutions |! | Under Secretary of welfare networks, are |! | they identify the real and personal property of |! | property of the health service is intended to the |! | operation of the establishment.
The goods referred to in this article, intended for |! | the operation of health services and |! | administrative, are imprescriptible.

Paragraph IV of the contests of competence article 25 N-Las Bates of competition |! | between directors of health services and |! | the directors of the "settlements of self-management |! |" network", will be resolved by the Undersecretary of networks |! | Health care.

Title V of less complex article 25 N-the health establishments health establishments |! | dependent of the health service, having minor |! | technical complexity, development of specialties, |! | administrative organization and number of features, |! | they will have the powers which designates this title if |! | they meet the requirements to be determined according the |! | Article 25 P.
A regulation, which will be signed by the Ministers |! | Health and finance, shall regulate, among other |! | materials, the system for obtaining the powers and |! | the process of evaluation of the performance of the |! | requirements and evaluation mechanisms and |! | control of its management. You can also establish |! | different requirements and evaluation mechanisms of |! | According to the complexity, specialization of the |! | human resources, administrative organization and |! | benefits that grant, as also those |! | minimum and common requirements that all these should |! | comply, among which one should contemplate management |! | the staff and management of care.
By founded order of the ministries of |! | Health and finance establishments shall be recognised |! | that meet designated standards, which will be |! | subject to the rules of this title, as subsection |! | the first.
Article 25.- or to the Director of the establishment |! | It shall be set, direct, coordinate, oversee |! | and control all activities of this for them |! | to develop regular and efficient manner for which |! | you will have the following responsibilities:
to) manage the implementation of programmes and actions |! | health and coordinate, advise, inspect and control |! | all units of the establishment;
b) design and develop a plan for development of the |! | Establishment;
(c) organize internally the establishment and |! | assign tasks, according to the |! | This Act, the health code and other regulations |! | in force;
d) annually submit to the Director of the service the |! | draft budget for the establishment and run it |! | Once approved, according to regulations in force upon |! | the matter;
(e) study and submit to the Director of the service, |! | initiatives and projects with their respective analyses and |! | background, which tend to extend or improve the |! | shares of health, indicating their sources of |! | financing;
(f) in matters of personnel the Director shall:-designate alternates;
-hire personnel, provided that it does not involve |! | increase in the endowment of the establishment;
-accept voluntary resignations;
-designate officials to services committees |! | and functional;
-allocate officials within the same |! | establishment or other dependents of service;
-authorize, grant or recognize holidays; |! | permits with or without remuneration within the |! | country; sick, preventive rest or |! | maternal; recognize, extend and put an end to |! | prenatal; and family allowances
-order research instruction |! | summary executions and summary administrative proceedings; measures |! | discipline, including suspension of functions; |! | acquit, dismiss, and resolve on all matters |! | related to these procedures;
-declare accidents in acts of service, and |! | (g) perform such other functions and powers |! | specific that you delegate to them or may be given to the director of the |! | service and the rules of procedure.
Article 25 P-a regulation, signed by the |! | Ministers of health and of finance, shall regulate the |! | requirements that must comply with the establishment, the |! | (que se referirán a las siguientes materias, a lo menos: a) be registered in the Health Superintendency |! | as institutional accredited health provider;
b) efficiently manage resources |! | assigned;
(c) achieve the goals which are |! | determined in relation to levels of satisfaction of the |! | (usuarios, y d) achieve a joint right with the network |! | Healthcare.
Article 25 Q-the establishment will be evaluated |! | annually by the director of the health service |! | respective, in the maintenance of the compliance of the |! | standards referred to in the preceding article.
In the event that it is not satisfactory, should be |! | remove from their role or position, as appropriate, to the |! | Director of the establishment. Likewise, in both is |! | reset the level of standards compliance |! | established, the managers of the respective |! | establishment is not entitled to the allocation |! | associated with the fulfillment of specified requirements, de |! | According to the rules laid down in chapter VI of |! | This Act. "."

((23) in the first paragraph of article 27: to) add, in the letter to), then the |! | word "law" and before the semicolon (;), the next |! | phrase: "and supervise the designated fundraising in |! |" Article (la letra b) ".
((b) delete, in the letter d), the conjunction "and" |! | with that end.
((c) Intercalanse, then of the letter d), the |! | (siguientes letras e) and f), new, passing the current |! | ((letter e) to be letter g): "e) meet and resolve, in accordance with the regulations |! |" force, claims that their beneficiaries, |! | in accordance with the procedures established by the Ministry of |! | Health, without prejudice to the competence of others |! | public bodies, in accordance with the law;
f) treat personal or sensitive data |! | protect the health of the population or for the |! | determination and granting of health benefits. |!| For the purposes provided in this issue, you can |! | requiring persons, natural or legal, public |! | or private, the information that was required. All |! | This according to the regulations of the law Nº 19,628, and. "."

(24) replacements, in the second paragraph of the letter |! | (g) of article 30, the words "transactions to |! |" that referred to in the previous paragraph"by" contracts of |! | " transaction".

(25) replace, in the second paragraph of the article |! | 31, the number "28" by the number "31".

(26) Agreganse, in the third paragraph of the article |! | 35, then the word "Pharmacology", the |! | terms "imaging, radiotherapy, banks of |! |" blood. "."

(27) in article 37, the following merge |! | Letter g), new: "g) supervise the compliance of quality |! |" and accreditation of laboratories mentioned in the letter |! | a) precedent, in accordance with the regulation concerning |! | item 12 of article 4, and which are |! | entrusted by other public sector bodies |! | health through agreement. "."

(28) in article 39: to) Reemplazanse in the second paragraph of the letter |! | (d) the words "transactions concerning the |! |" previous section"by"Transaction agreements".
"((b) replace, in the letter k), word |! |" Regulation"by the following expression:"article 42".
((c) replace the letter l) with the following: "l) delegate its powers in accordance with the law N ° |! |" 18.575. "."
((d) add the following letter m), new, happening |! | (the current letters m) and n to be letters n) and n), |! | respectively: "m) entrust the operational work of inspection |! |" or verification of the compliance of its |! | competition, third duly qualified certificates |! | in accordance with the respective regulations; "."

(29) replace, in article 40, the phrase: "of the |! |" Decree with force of law N ° 338, 1960 '' by the |! | Next: "of the law No. 18.834".

(30) replace article 42 with the following: "article 42.-structure and internal organization |! |" the Institute shall be determined in accordance in |! | Article 31 of the law N ° 18.575, plant and Endowment |! | Max and the other laws in force. "."

(31) in article 50: to) Reemplazanse in the second paragraph of the letter |! | (b) the words "transactions concerning the |! |" previous section"by"Transaction contracts.".
"((b) replace, in the letter e), the word |! |" Regulation"by the following expression:"article 51".
((c) replace the letter f) with the following: "f) delegate its powers in accordance with the law N ° |! |" 18.575. "."

(32) replaced article 51 by the following: ' article 51.-structure and internal organization |! | " Unit shall be determined in accordance in |! | Article 31 of the law N ° 18.575, plant and Endowment |! | Max and the other laws in force. "."

(33) replacements, in the second paragraph of the article |! | 52, letters a) and b) by the following: ' a) Under Secretary of welfare networks, or your |! | " Representative, who shall preside it;
(b) a representative of the Minister of health; "."

(34) in chapter VI: to) be, inserted between the chapter heading and the |! | (artículo 56, lo siguiente: "TÍTULO I Normas Generales" b) Intercalanse, then of article 60, |! | the following titles II, III, IV, V, VI, VII and VIII, |! | new, becoming the current articles 61 and 62 84 |! | and 85, respectively.

"Title II of the allocation of development and encouragement of collective performance article 61.-be established for staff |! |" belonging to the auxiliary, technical plants and |! | administrative, plant, or contract of the |! | Health services referred to in article 16 of this |! | legal body, ruled by Decree and law No. 18.834 |! | Law No. 249, 1974, an allocation of development and |! | stimulus to the collective performance, which will contain a |! | component base and another variable associated with compliance |! | annual health targets and to the improvement of the |! | care provided to users of the organisms |! | designated.
This allocation shall be responsible staff who have |! | provided services for some of the entities |! | laid down in the preceding paragraph, or for more than one, without |! | in continuity, throughout the year the subject of |! | the evaluation of the fulfillment of targets, and which |! | is also in service at the time of the payment of |! | the respective share of the allocation.
Article 62.-The monthly amount which corresponds to |! | each official by concept of allocation of |! | development and encouragement of collective performance, be |! | be calculated on base salary most assignments |! | laid down in articles 17 and 19 of the law Nº |! | 19.185, and, when applicable, indicated in the |! | Article 2 of law No. 19.699.
The base component will amount to 5.5% applied envelope |! | the base referred to in subsection. The component |! | variable will be 5.5% of equal base of calculation for |! | officials who perform on entities |! | who have completed 90% or more of the targets |! | for the previous year, and 2.75% for those |! | officials from entities that meet between 75% and |! | less than 90% of the targets.
Article 63.-for the purposes of granting the component |! | variable allocation development and stimulation to the |! | designated collective performance articles |! | above, the following rules shall apply:
1.-the Ministry of health shall, before the 10 of |! | September of each year, the national health goals |! | for the following year and the objectives of improvement of |! | care provided to the users of each of |! | Health services.
2. in accordance with the framework designated number |! | earlier, the Director of each health service |! | It will determine for each of its establishments, |! | including the address of the service, the goals |! | specific and activity indicators.
3. for the purposes of the determination of goals, |! | the respective Director of service shall require the |! | opinion of a Technical Advisory Committee, chaired by |! | such authority and composed of the Deputy Director doctor |! | of the health service, by the directors of |! | health service facilities, by a |! | representative of the Association of civil servants that the |! | technical personnel have greater representation and by a |! | representative of the Association of civil servants that the |! | Administrative and auxiliary staff have, on your |! | set, greater representation in the respective |! | Health service; without prejudice to the consultations |! | In addition to other bodies that it deems appropriate.
4. in relation to these specific goals, be |! | It will assess the performance of each establishment.
5. the assessment of the level of compliance of the |! | targets to each establishment shall be carried out by the |! | Regional Ministerial Secretary of health respective, in |! | the term indicating the regulation, starting from the |! | information provided by health services and |! | by own establishments, which should be |! | submitted by such entities to the designated authority, |! | at the latest, on January 31 of each year. The resolution |! | issued by the Regional Ministerial Secretary of health |! | It will be appealed to the Minister of health in the period of |! | ten days, counted from the third working day following |! | the office of the decision by registered letter |! | to the address of the health service |! | corresponding.
A regulation issued by the Ministry of health, |! | that also will be signed by the Minister of |! | Treasury, shall regulate the procedures intended to the |! | definition and evaluation of the degree of compliance of the |! | annual goals, deadlines that must be met during |! | the evaluation process, the mechanism to determine |! | officials with major associations |! | representativeness and their representatives, and other |! | arrangements for the granting of this |! | assignment.

Title III of the allocation of individual accreditation and encouragement of collective performance article 64.-be established for staff |! | belonging to the plant professionals, is de |! | plant or freelance, of designated health services |! | in article 16 of this body of law, and for the |! | the staff of career managers located |! | between 17 ° degrees and 11th, both inclusive, governed by |! | Law No. 18.834 and Decree Law Nº 249, 1974, a |! | accreditation and stimulus to the performance assignment |! | collective, which will contain a component by |! | individual accreditation and other associated with compliance |! | annual health targets and care improved |! | provided to users of the organisms |! | designated.
This allocation shall be responsible staff who have |! | provided services for some of the entities |! | laid down in the preceding paragraph, or for more than one, without |! | in continuity, throughout the year the subject of |! | the evaluation of the fulfillment of targets and is |! | find, in addition, in service at the time of the payment of the |! | respective portion of the assignment.
Article 65.-The monthly amount which corresponds to |! | each official by concept of allocation of |! | accreditation and encouragement of collective performance, be |! | be calculated on base salary most assignments |! | laid down in articles 17 and 19 of the law Nº |! | 19.185, and, when applicable, indicated in the |! | Article 2 of law No. 19.699.
Individual accreditation component will ascend |! | to a maximum of 5.5%, according to the years of service of the |! | civil servant in the health services or their predecessors |! | legal, applied on the basis outlined in subsection |! | the first. The component of meeting annual goals |! | sanitary and improvement in the attention provided to |! | the users will be 5.5% of equal basis, |! | for officials who perform in the |! | entities that have met 90% or more of the |! | targets for the year, and 2.75% for |! | those officers of entities that meet between |! | 75% and less than 90% of the targets.
Article 66.-for the purposes of granting the component |! | individual accreditation, the rules shall apply |! | following: 1.-the staff referred to in article 64 |! | You must participate in the accreditation process every |! | three years, which the evaluation will consist of the |! | training activities that are relevant to the |! | improvement of the management of the agencies and to the |! | improvement of the attention provided to the |! | users. For these purposes, the respective service of |! | Health must have, at least once a year, for |! | those who meet the respective period, all the |! | measures necessary to implement this process.
2 accessing the benefit that officials |! | they have approved the accreditation process.
3. the amount of the accreditation component |! | individual will depend on the years of service of the |! | civil servant in the health services or their predecessors |! | legal, according to the following table: up to 3 years 3% more than 3 years to 6 years 5% more than 6 years to 9 years 5.5% 4-for officials who have more than nine |! | years of service, the assignment will become permanent, |! | with a percentage equal to the the last accreditation than |! | they have been approved.
5. in the event that an officer does not approve one of |! | accreditation processes, will not enter the increase |! | component, but keep the percentage obtained |! | by the previous accreditation.
A regulation issued by the Ministry of health, |! | that also will be signed by the Minister of |! | Treasury, shall regulate the mechanism, the periodicity and the |! | other provisions necessary for implementing |! | the accreditation procedure and the granting of the |! | individual accreditation component.
Article 67.-for the purposes of granting the component |! | annual compliance of health targets and |! | improvement of the attention provided to the |! | users of the allocation referred to in article 64, |! | shall apply the rules laid down in article 63, |! | for which purpose beneficiaries officials this |! | assignment shall have the right to a representative of the |! | Association in which professional staff has greater |! | representation integrates the Committee designated in the referred |! | Article 63.

Title IV of the directive function article 68.-stimulus allocation established for staff of the |! | plant managers confidence and career |! | Top 11 health services degree |! | referred to in article 16 of this legal body, |! | governed by law No. 18.834 and Decree Law No. 249 of |! | 1974, an allocation of stimulus that will be governed by the |! | following standards: 1. for managerial staff who serves in |! | health facilities which, in accordance with stated in |! | Chapter II, title IV of this law, can |! | Choose the quality of "establishment of self-management in |! |" Network", this allocation will be fully associated to the |! | obtaining by the establishment of quality |! | mentioned.
2. for managerial staff who serves in |! | According to less complex health facilities, |! | to in chapter II, title V of the present |! | law, this allocation will be associated with the fulfillment of |! | the conditions specified in article 25 P.
3. for managerial staff who serves in |! | the direction of the health services, this allocation |! | It will be associated with three factors: the obtaining of the |! | "Establishment of self-management in network" quality of |! | the establishments of their dependence, compliance |! | the requirements for establishments |! | dependent on reduced complexity and compliance of |! | the health targets of the managers of |! | primary health and their establishments when |! | appropriate, located in the respective territory |! | Court, as stated in article 4 |! | Law N ° 19.813.
This allocation shall be responsible staff who have |! | provided services for some of the entities |! | laid down in the first subparagraph, or for more than one, without |! | in continuity, throughout the year the subject of |! | the evaluation of the fulfillment of targets, and which |! | is also in service at the time of the payment of |! | the respective share of the allocation.
Article 69.-The monthly amount which corresponds to |! | each official plant directive by concept of |! | allocation of stimulus, is calculated on the salary |! | most base allocations provided for in articles |! | 17 and 19 of law No. 19.185 and, where applicable, the |! | allocation of superior responsibility granted by the |! | Decree Law No. 1770, 1977, and the allocation of the |! | Article 2 of the law N ° 19.699.
This assignment will be 11% based on the designated |! | in the first subparagraph, for those officials of the |! | plant directive that play in entities that |! | to obtain the quality of "establishment of self-management |! |" network". The same percentage is perceived by the |! | officials of the directive plant of the |! | Establishments of less complexity to meet the |! | requirements laid down in article 25 P of this law.
For managerial staff who perform in the |! | health services management, allocation |! | It will be up to 11% of the calculation basis designated in the |! | "(inciso primero, conforme a la siguiente distribución: a) up to 8% by the quality of |! |" Establishment of self-management network"of the |! | establishments of their dependency and compliance of |! | the requirements for establishments |! | dependents of reduced complexity. The percentage by |! | pay shall be determined by multiplying the 8% by the |! | quotient resulting from dividing the number of |! | establishments that have actually obtained such |! | classification and who have fulfilled the requirements |! | concerned, as the case may be, by the total of the |! | settlements dependent on the direction of the |! | (servicio, y b) up to 3% by the fulfilment of the goals |! | the managers of health health |! | primary or their establishments where appropriate, |! | located in the jurisdictional territory of the |! | service, as stated in article 4 of the |! | Law N ° 19.813. In this case, the percentage payable is |! | must be determined by multiplying 3% by the quotient |! | resulting from dividing the number of entities and |! | establishments that have effectively fulfilled 90% |! | or more of the targets set for the previous year by the |! | total of managers and their |! | establishments in the territory |! | judicial service.
Article 70.-A regulations dictated by the |! | Ministry of health, which also will be signed by the |! | Minister of finance, will regulate the mechanism and the others |! | necessary arrangements to grant allocation |! | referred to in article 68.
Article 71.-Mappings indicated in the |! | articles 61, 64 and 68, will be paid in four installments, in |! | the months of March, June, September and December of |! | each year. The amount payable in each share will be |! | equivalent to the value accumulated in the quarter |! | respective resulting from the monthly application of |! | the percentages referred to above. |!| These assignments will have character of taxable for |! | forecast and health purposes. To determine the |! | rates and taxes to which they are affected, are |! | It will distribute the amount in proportion to the month |! | understand the period concerned and the cuocientes is |! | be added to the respective monthly remuneration. With |! | all, the contributions will be deducted from the part that, |! | In addition to the respective monthly remuneration, not |! | exceed the maximum limit of taxation.

Title V of the allocation of time article 72.-establish a shift assignment |! | for plant personnel and services freelance |! | health referred to in article 16 of this body |! | legal, governed by law No. 18.834 and Decree Law Nº |! | 249, 1974, working effectively and permanently in |! | jobs requiring attention 24 hours |! | of the day, every day of the year, in a system |! | turn composed of three or four officials, |! | who in turn cover that job in |! | conferences of up to twelve hours, with rotating shifts. |!| These shifts may include a number of hours |! | superior to the ordinary working day of the |! | official.
Such allocation will go to repay |! | payment to the concerned staff performance of |! | working at times totally or partially |! | different from the ordinary day established in the |! | Article 59 of law No. 18.834, even in hours |! | night and on Saturdays, Sundays and public holidays, chord |! | with the needs of healthcare performance |! | uninterrupted health facilities.
The law of budgets, with respect to each service |! | health, will express the maximum number of officials |! | affected system composed of four shift and |! | three officials, separately. For these purposes, be |! | It will consider information on the endowment of |! | staff, workload and complexity in the |! | care provided by health establishments.
Article 73.-This assignment shall be taxable only |! | for pension and health effects and will be incompatible |! | (con la asignación establecida en la letra c) of the |! | Article 93 of law No. 18.834.
The personnel that work in the shift system of |! | It is this title may not take jobs |! | extraordinary of any kind, except of |! | works of unexpected character motivated by |! | health emergencies or critical needs of |! | care for patients, who must be qualified |! | by the Director of the respective establishment by |! | founded resolution. In these cases, apply thing |! | in the second paragraph of article 60 of the law |! | NO. 18.834.
Article 74.-to be eligible for the allocation of |! | shift, officials must be formally |! | destined to serve in jobs |! | whose day is uninterrupted, through |! | annual resolutions of the director of the establishment of |! | corresponding health.
This assignment the worker shall be charged while |! | find acting jobs in |! | mentioned, and integrate the system of rotating shifts |! | covered by three or four officials, keeping the |! | entitled to it during periods of absence |! | with enjoyment of wages caused by permissions, |! | licenses and legal holiday. Will be also considered |! | stipend of a general and permanent nature, as for |! | effects of the third paragraph of article 21 of the law N ° |! | 19.429 article 75.-overtime, in |! | Article 93 (virtud de lo dispuesto en la letra c) of |! | Law No. 18.834, perceivable officials of |! | plant and contract health services designated |! | in article 16 of this legal body, ruled by the |! | Law No. 18.834 and Decree Law Nº 249, 1974, |! | any reason of its origin, that no |! | permanent compensation for any effect shall constitute |! | legal. As a result, not be levied during the |! | holidays, licenses and permits with enjoyment of |! | remuneration.

Title VI of the allocation of liability article 76.-establish a mapping of |! | responsibility for the personnel of the plant of |! | Professional, plant and services freelance |! | health referred to in article 16 of this body |! | legal, governed by law No. 18.834 and Decree Law Nº |! | 249, 1974, with days of 44 hours, which play |! | responsibility for management functions in the |! | Hospitals, urban and rural general clinics, |! | Centres of reference of health (CRS) and centres of |! | Therapeutic diagnosis (CDT).
This allocation will be granted through a tender, will be |! | taxable for the purposes of health and welfare and is |! | Resets the same opportunity and percentages that |! | the remuneration of the public sector adjustment. |!| Also not be considered as basis for the calculation of any |! | other compensation.
During the period in which professionals |! | receive the allocation of liability, shall be the |! | category of direct boss for the anticipated effects on |! | the paragraph 3 of title II of law No. 18.834.
Article 77.-This assignment will be awarded according |! | to the following rules: 1.-the number of quotas by establishment is the |! | determined in the following article.
2. for the purposes of carrying out the competitions |! | appropriate, shall constitute on-site |! | respective a Committee consisting of the Chief of staff |! | or who exercises such functions and by whom |! | formed by the selection Board concerning the |! | Article 18 of law No. 18.834. In addition, to be considered |! | participation with the right to a representative voice |! | officials of the Professional Association |! | that, according to its number of members, possess greater |! | representation at the local level.
3. in the competitions to access this |! | allocation, the following factors will be considered and |! | with the weighting indicated in each case: factors weighting training with 30% evaluation of performance 20% experience qualified 20% fitness for the office (interview) 30% 4-o available quotas shall be allocated in |! | priority to the official or officials than |! | to achieve the highest score in the competition process and only |! | in so far as compliance with the minimum requirements |! | for assignment.
5. will be granted for a maximum period of three years, |! | provided that actually perform the function of |! | responsibility of management in the establishment in the |! | that it was granted. In any case, the official may |! | Once again compete for the assignment, as in |! | that it meets the requirements to do so.
6 must be contest whenever one or |! | more than the quotas allocated to the establishment is |! | available.
A regulation issued by the Ministry of health, |! | that also will be signed by the Minister of |! | Finance, shall determine the functions of responsibility |! | management which may be the subject of this assignment and |! | all other necessary rules for the application of |! | This benefit. Also classified the |! | health facilities whose officials have |! | right to participate to this assignment, according to the level |! | designated complexity in the following article.
Article 78.-for the purpose of the granting of the |! | allocation of responsibility, the total number of quotas |! | at the national level will be of 1,259, with an annual cost |! | maximum of $515 million. The law of budgets set, |! | for each health service, the maximum number of |! | beneficiaries and the resources that can be allocated for |! | your payment.
Maximum by type of farm quotas and |! | individual annual allocation will be the designated |! | in the following table. However, the indicated amount |! | for each case, can be increased or decreased up to |! | 10%.

Type of establishment quotas maximum annual amount for per person high-end establishment; $13 580.000 hospital average complexity; $9 374.000 hospital low complexity; $2 212.000 (CDT) therapeutic Diagnostic Center and health (CRS) reference centres; $2 212.000 general clinics urban and rural; $1 212.000 the amount of the benefits established in this |! | Article corresponds to current values to 30 of |! | November 2002, and reset them |! | percentages and opportunities that have been determined and |! | be determined for the compensation in the sector |! | public.
The given assignment will be paid in installments |! | monthly and equal, the first of which the first |! | business day of the month following the total processing |! | the resolution granting it.
Article 79.-The provisions in the final sentence of |! | will be (la letra h) of article 1 of law No. 19.490 |! | apply to the benefits referred to in articles |! | 61, 64, 68 and 76 of this law.
Officials who receive the allocation of |! | I shift established in article 72 of the Decree Law Nº |! | 2.763, 1979, and who have had absences |! | unjustified under article 66 of the law Nº |! | 18.834, les will be deducted the amount of |! | agreement as indicated in that article.

Title VII of the promotion in the career civil servant article 80.-the promotion of officials of |! | Technical, administrative and auxiliary plants of |! | the under-secretaries of the Ministry of health; of the |! | Institute of public health of Chile, from Central de |! | National system of services catering for |! | Health and health services designated in the |! | Article 16 of this legal body governed by the law Nº |! | 18.834 and Decree Law Nº 249, 1974, shall be |! | by means of a procedure of accreditation of |! | powers, in which the training will be evaluated the |! | qualified experience and the qualification awarded by the |! | staff in the period subject to accreditation with a |! | weighting of 33%, 33% and 34%, respectively.
Officials shall submit annually to the |! | system of accreditation of competencies in office than |! | serve.
With the result of the processes of accreditation of |! | competencies, services will make a ladder |! | of merit for promotion, providing to the |! | officials from every level of the respective plant in |! | descending order according to the score in such |! | process, which will have an annual validity from 1 |! | January of each year. Produced a vacant, will be promoted the |! | official who is in first place of the |! | referred ladder. In case of a tie, |! | they will operate the tie-break criteria set out in the |! | Article 46 of law No. 18.834.
A regulation issued by the Ministry of health, |! | that also will be signed by the Minister of |! | Hacienda, set parameters, procedures, |! | organs, specific modalities for each plant and |! | other rules that are necessary for functioning |! | accreditation criteria-based system |! | technicians, objectives and impartial, allowing a |! | effective evaluation of the competence and suitability of the |! | officials. Likewise, shall establish the provisions |! | necessary so that officials have de |! | timely information about the training to be |! | This article and the procedures for |! | access it.
Without prejudice to the provisions of the present |! | Article and in the following, shall be applicable to the |! | officials as provided in article 45 of the law Nº |! | 18.834. with regard to the staff referred to in this article and |! | in the following, shall not apply the provisions in the |! | Article 48 of the law No. 18.834.
Article 81.-for all legal purposes, the |! | promotion of officials of the plant's managers |! | career and professional plant of the |! | Under-Secretaries of the Ministry of health; Institute of |! | Public health of Chile; central supply |! | of the national system of health services and the |! | Health services referred to in article 16 of this |! | legal body, ruled by Decree and law No. 18.834 |! | Law No. 249, 1974, will be done by internal competitions.
The bases of the internal contests considered |! | four factors, namely: training, |! | the performance evaluation, the qualified experience and |! | fitness for the post. Each of these factors will be |! | a weighting of 25%.
For these purposes, there will be a Committee comprised |! | by the Chief of staff or who exercise functions |! | thereby and by those members of the selection Committee to |! | that referred to in article 18 of law No. 18.834. Is |! | consider, moreover, participation with right to voice |! | a representative of the Association of civil servants of |! | the professional who, according to their number of members, |! | possess greater representativeness at national level, regional |! | or local, as appropriate.
Competitions will be promoted to the vacancy the |! | official who the top-scoring and therein |! | eligible professional staff of the |! | plant which is located in lower grades as per the |! | following table: grade vacancy degrees that can participate 5th 6 th - 10 th 6 th 7 th - 10 th 7 th 8 th - 10 th 8 th 9 th - 11 th 9 th 10 th - 12 th 10 th 11 th - 13 th 11 th 12 th - 14 th 12 ° 13 ° - 15 ° 13 ° 14 ° - 16 ° 14 ° 15 ° - 17 ° 15 ° 16 th - 17 th 16 th 17 th - 18 th 17 ° 18 ° contests is subject to the following rules: 1.-officials, in one act , should be |! | apply for one or more of the plants with regard to the |! | which comply with the legal requirements, without |! | specify certain grades or charges within |! | them.
2. the provision of the vacant positions of each |! | plant shall be made, in each grade, in order |! | decreasing, according to the score retrieved by the |! | applicants.
3. vacancies caused by effect of the |! | provision of charges, in accordance with the preceding paragraph, |! | will be provided in then, as part of the same |! | According to the same rules and competition.
4.-in case of tie, the officials |! | They shall be appointed in accordance with the result of the last |! | qualification obtained and, in the event of staying this |! | equality, will decide the respective head of service.

Title VIII of the Endowment article 82.-establish that up to 15% of the |! | employment contract effective staffing |! | health services, referred to in article 16 |! | of this legal body, will be expressed, for the assimilated |! | to professionals governed by law No. plant |! | 18.834 and Decree Law Nº 249, 1974, in hours |! | weekly work and will be distributed annually among |! | These agencies by resolution of the Ministry of health.
Health services may not be |! | contracts for less than 22 hours.
As stated in the preceding paragraph, the |! | officials who are employed in jobs of |! | 44 hours assimilated to the degree of the plant of |! | Professional, may voluntarily and previous |! | approval of the respective health service Director, |! | reduce their day jobs of 22 hours. In this case, |! | the service can hire professionals using |! | the hours that are available.
Jobs for professional contract of 22 hours |! | you will be entitled to a proportional percentage |! | 50% pursued concepts to |! | right to the performance of a job of 44 hours per week, |! | Anyone who is the specific regulation of each |! | of them.
A same official may not be hired, in |! | total for more than 44 hours, to which effect is |! | consider all the appointments that possess in |! | any organ of the State administration.
Officials hired by 22 hours may not |! | work in the jobs of the system of |! | rotating shifts. As a result, are not entitled to |! | perceive the assignment of shift that is title V |! | of this chapter.
Article 83.-The Board rating agency that will exist in |! | each of the hospitals that make up the services of |! | health, in accordance with the sixth subparagraph of the |! | Article 30 of law No. 18.834, will be composed by |! | three officials of the highest hierarchical level to |! | except for the Director of the Hospital, and by a |! | chosen by the staff representative. Is |! | consider, moreover, participation with right to voice |! | a representative of the Association of officials |! | corresponds to the plant to qualify that, according to its number |! | Affiliate, possess greater representativity level |! | local.
The Director of the Hospital will know the appeal of |! | appeal that the official can be filed before the |! | resolution of the joint rating agency or the boss |! | direct in the case of staff delegate, according to |! | the provisions of article 43 of law No. 18.834. ". |! |"