Why Article 128 Of The Constitution In Relation To Health Service Providers In The Public Law Entities Partially Regulated

Original Language Title: Por la cual se regula parcialmente el artículo 128 de la Constitución Política en relación con quienes prestan servicios de salud en las entidades de derecho público

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1996 ACT 269

(February 29)

Official Journal No. 42,733., of 1o. of March 1996

By which article 128 of the Political Constitution is partially regulated, in relation to those who provide health services in public law entities.

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. APPLICATION FIELD. This Law applies to all health personnel who directly comply with functions of a care nature in health service providers, without prejudice to the health system that is governed.

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ARTICLE 2o. GUARANTEE OF THE PROVISION OF THE PUBLIC HEALTH SERVICE. It is for the State to ensure health care as an essential public service, and in such a way the permanent access of all persons to that service, which is why the Care staff who directly provide health services may be able to carry out more than one job in public law entities.

The working day of staff who perform functions of a care nature in health service providers may be a maximum of twelve hours a day, without in the week exceeding 66 hours, regardless of the modality of their link.

PARAGRAFO. The National Government will regulate the wage and non-wage incentives set out in Article 193 of Law 100 of 1993, in order to stimulate the efficient the performance of official workers and public health workers and their location in regions with greater needs, facilitating the achievement of the human resource in those areas of national geography or defined as areas of public order, where health personnel are not available for the provision of the service.

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ARTICLE 3o. ATTENDANCE OF SCHEDULES. Prohibits the attendance of schedules, with the exception of the activities of a teaching character that are carried out in the same institutions in which the health professional is linked, and that by the nature of their duties, exercise their teaching and the direct provision of health services.

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ARTICLE 4. INCOMPATIBILITY OF BOARD MEMBERS OR MANAGEMENT BODY AND LEGAL REPRESENTATIVES OF HEALTH SERVICE PROVIDERS. The members of management bodies, directors, managers or legal representatives, and administrators of the institutions providing health services and institutions of common utility or foundations providing health services may not be legal representatives, members of the management bodies, directors or administrators of entities with which the institution has a contract for the provision of services health, or take part in the capital of them directly or through their spouse, partner or permanent partner or relatives up to the second degree of consanguinity, first of affinity or only civil, or participate through interment person.

The provisions of this article shall not apply when the institution with which it is contracted is an open public limited company, in accordance with the terms of Decree 679 of 1994.

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ARTICLE 5o. WORKING TIME. The health service providers will be able to adapt the employment relationship of the official workers and public employees of the sector, modifying the days to those established in this Law, by means of the horizontal transfer to a charge of equal degree, level and remuneration according to the established time, which may decrease or increase the hourly intensity according to the case, provided that the circumstances of the service permit. The foregoing does not imply dissolution of the labor link, loss of seniority, nor any other rights acquired by the official.

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ARTICLE 6o. INSPECTION, SURVEILLANCE AND CONTROL. Without prejudice to the competence of other entities of inspection, surveillance and control, the National Superintendence of Health, in the exercise of the functions mentioned in the law, will advance the In the case of the investigation and the imposition of fines up to two hundred monthly minimum legal salaries, the entities that link or contract staff in violation of the regime provided for in this law.

PARAGRAFO. Public servants who violate the scheme provided for in this law will be punished in accordance with the single disciplinary regime contemplated in Law 200 of 1995.

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ARTICLE 7o. VALIDITY. This Law governs from its publication, and repeals any provisions that are contrary to it, in particular Article 5or. of Decree-Law 973 of 1994; literals (c) and (d) of Article 73 and number 3o. of article 74 of Decree-Law 1301 of 1994.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santafe de Bogota, D.C., on 29 February 1996.

ERNESTO SAMPER PIZANO

The Minister of Finance and Public Credit,

GUILLERMO PERRY RUBIO.

The Minister of Labour and Social Security,

ORLANDO OBREGON SABOGAL.

The Minister of Health,

MARIA TERESA FORERO DE SAADE.

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