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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ACT 269 OF 1996
(February 29)
Official Gazette No. 42,733., 1o. March 1996
Whereby Article 128 of the Constitution, in relation to those providing health services in public entities is partially regulated.
ARTICLE 1o. SCOPE. This Act applies to all health personnel that meets directly for welfare functions in organizations providing health services, without prejudice to the health system governed.
Article 2.
. DELIVERY GUARANTEE OF PUBLIC HEALTH SERVICE. The State guarantee health care as an essential public service, and as such permanent access of all people to this service, why care personnel who directly provide health services may hold more than one job in entities public law.
The working staff meets for welfare functions in the entities providing health services can be up to twelve hours a day in the week without exceeding 66 hours, regardless of the form of their relationship.
PARÁGRAFO. The National Government shall regulate salary incentives and non-wage laid down in Article 193 of Law 100 of 1993, in order to encourage efficient performance of public officials and public employees health and their location in regions with the greatest needs, facilitate the achievement of human resources in those remote places of the national geography or defined as areas of public policy, where not available health personnel for service delivery. Effective Jurisprudence

ARTICLE 3. COMPETITION SCHEDULE. Prohibits the concurrence of times, except for the activities of teaching care character carried out in the same institutions in which the health professional's tied, and that the nature of its functions, exercise teaching and direct delivery health services.

ARTICLE 4. INCOMPATIBILITY OF MEMBERS OF BOARD OF DIRECTORS OR ORGANIZATION AND INSTITUTIONS LEGAL REPRESENTATIVES OF HEALTH SERVICE PROVIDERS. Members of governing bodies, directors, managers or legal representatives and managers of the institutions providing health services and institutions of public utility or foundations that provide health services may not be legal representatives, members of the governing bodies, directors or managers entities with which the institution has a contract for the provision of health services, or have equity of them directly or through their spouse, partner or permanent or relatives companion to the second degree of consanguinity, first of affinity or civil, or participate through an intermediary.
The provisions of this Article shall not apply when the institution with which he is engaged is an open corporation, under the terms established in Decree 679 of 1994

The 5th ITEM. FITNESS workday. The institutions providing health services can bring the employment relationship of official workers and public sector employees, modifying the days to those established by this Act, by the horizontal transfer to a post of the same grade level and compensation in accordance with the established day, may decrease or increase the time intensity as appropriate, whenever circumstances permit service. This does not imply dissolution of the employment relationship, loss of seniority or any other rights acquired by the official.

ARTICLE 6o. INSPECTION, MONITORING AND CONTROL. Without prejudice to the competition that it is up to other entities inspection, surveillance and control, the National Health, in exercise of the functions set out in the law, advance the investigations and impose fines of up to two hundred minimum monthly wages to entities who employ or hire personnel violating the rules provided by this law.
PARÁGRAFO. Public servants who violate the arrangements provided for in this law shall be punished in accordance with the disciplinary rules only under Law 200 of 1995

ARTICLE 7. VALIDITY. This Law governs from its publication and repeals provisions that are contrary, especially the 5th article. Decree-Law 973 of 1994; subparagraphs c) and d) of Article 73 and paragraph 3o. Article 74 of Decree Law 1301
1994. The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.

The Secretary General of the honorable Senate,
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
published and execute.
Given in Bogota, DC, on 29 February 1996.

Ernesto Samper Pizano Minister of Finance and Public Credit, WILLIAM PERRY RUBIO
The Minister of Labour and Social Security, ORLANDO
The Health Minister Maria Teresa Forero

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