Law Of The Institutes National's Health

Original Language Title: Ley de los Institutos Nacionales de Salud

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National Institutes of Health Law

LAW OF THE NATIONAL INSTITUTES OF HEALTH

Official Journal of the Federation on May 26, 2000

Last reform published in the DOF on January 27, 2015

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

LAW OF THE NATIONAL INSTITUTES OF HEALTH

TITLE FIRST

General provisions

Single Chapter

ARTICLE 1. This law is intended to regulate the organization and operation of the National Institutes of Health, as well as to encourage research, teaching and delivery of services to be carried out on them.

ARTICLE 2. For the purposes of this law:

I.     Medical science, to the discipline that, according to scientifically accepted methods, develops a systematized knowledge that in a methodical, rational and objective way has the purpose of investigating, describing and explaining the origin of the diseases, their prevention, diagnosis and treatment, as well as to seek the rehabilitation of the affected and the maintenance and protection of the health of people;

II.   Teaching in health, the systematic transmission of knowledge of Medical Science, skills, skills and attitudes for learning purposes, for the training of human resources for health;

III.   National Institutes of Health, to the decentralized agencies of the Federal Public Administration, with legal personality and own patrimony, grouped in the Health Sector, which have as main object the scientific research in the health field, the training and training of qualified human resources and the provision of high-specialty health care services, and the scope of which includes the entire national territory;

IV.    Health research, the original study and analysis of the subjects of Medicine, subject to the scientific method, with the purpose of generating knowledge about health or disease, for their application in medical care;

V.    Applied research in health, to that which is oriented to the understanding, prevention, diagnosis and treatment of particular health problems;

VI.   Basic health research, to that relating to the study of cellular, molecular, genetic, biochemical, immunological and other mechanisms, which aims to expand the knowledge of Medical Science;

VII.             Researcher, to the professional who through his participation in scientific activities generates knowledge, on his own or institutionally, in Biomedicine or Medicine;

VIII.            Self-generated resources, to the revenue that the National Institutes of Health obtain for the recovery of quotas for the services they provide and the activities they perform;

IX.   Resources of third parties, to those made available to the National Institutes of Health by natural or moral persons, public or private, national or foreign, to finance research projects and which may or may not have been obtained or promoted by researchers;

X.    Resources of external origin, subsidies, participations, donations, inheritances and legacies, in cash or in kind, of natural or moral persons, public or private, national or foreign, that are granted directly to the Institutes or through their patronages, and

XI.    Secretariat, to the Health Secretariat of the Federal Executive.

ARTICLE 3. The Federal Law of ParaState Entities and its regulatory provisions will apply to the National Institutes of Health in what is not counterpose with this law, in particular, in terms of strengthening its technical, operational and administrative autonomy.

ARTICLE 4. In case of doubt about the interpretation of the provisions of this law, it will be to what the Federal Executive, for administrative purposes, will resolve, through the Secretariat.

TITLE SECOND

Organization of Institutes

Chapter I

Functions

ARTICLE 5. The decentralized agencies that will be considered as National Institutes of Health, are each of the following, for the areas that are indicate:

I.      National Institute of Cancerology, for the specialty of neoplasms;

II.   National Institute of Cardiology Ignacio Chávez, for cardiovascular disorders;

III. National Institute of Medical Sciences and Nutrition Salvador Zubirán, for biomedical disciplines linked to the internal medicine of high specialty in adults and those related to nutrition;

IV.   National Institute of Respiratory Diseases Ismael Cosio Villegas, for respiratory system disorders;

IV Bis. National Institute of Geriatrics, for the formation of human resources and research of aging, diseases and adult care greater;

V.    National Institute of Neurology and Neurosurgery Manuel Velasco Suarez, for nervous system conditions;

V bis.- National Institute of Genomic Medicine, for regulation, promotion, promotion and practice of medical research and application of knowledge on the human genome;

VI.   National Institute of Pediatrics, for the conditions of the children's population until adolescence;

VII. National Institute of Perinatology Isidro Espinosa of the Kings, for reproductive and perinatal health;

VIII.            National Institute of Psychiatry Ramón de la Fuente Muniz, for psychiatry and mental health;

VIII Bis. National Rehabilitation Institute Luis Guillermo Ibarra Ibarra;

IX.   National Institute of Public Health, for research and teaching in public health;

X.    Mexico Children's Hospital Federico Gomez, for the conditions of the children's population until adolescence, and

XI.   Other than in the future are created by law or decree of the Congress of the Union, with the characteristics that are set out in section III, of article 2 of this law.

ARTICLE 6. The National Institutes of Health will be responsible for:

I.     Carry out clinical, epidemiological, experimental, technological and basic studies and research in biomedical and sociomedic areas in the field of their specialties, for understanding, prevention, diagnosis and treatment of diseases, and rehabilitation of those affected, as well as to promote health measures;

II.   Publish the results of the research and work that you do, as well as disseminate technical and scientific information on the progress made in health matters;

III. Promote and conduct scientific exchange meetings, of a national and international nature, and conclude agreements on coordination, exchange or cooperation with related institutions;

IV.   To form human resources in their areas of expertise, as well as those that are related to it;

V.    Formulate and execute study programs and courses on training, teaching, specialization and updating of professional, technical and auxiliary personnel, in their areas of specialization and related, as well as evaluating and recognizing learning;

VI.   Grant constances, diplomas, recognitions and certificates of studies, degrees and degrees, if any, in accordance with the applicable provisions;

VII.             Provide health services in preventive, medical, surgical and rehabilitation aspects in their areas of expertise;

VIII.            Provide external consultation, hospital care and emergency services to the population requiring medical care in their areas of expertise, up to the limit of their installed capacity;

IX.   Advise and formulate opinions to the Secretariat when required to do so;

X.    To act as consultative, technical and regulatory bodies, of the agencies and entities of the Federal Public Administration in their areas of expertise, as well as to provide consultancies for consideration to persons in private law;

XI.   Advise specialized research, teaching or health care centers of federal entities and, in general, any of their public health institutions;

XII.             Promote actions for the protection of health, in relation to the conditions of their specialties;

XIII.            To assist with the Secretariat to update the data on the general health situation of the country, with respect to the medical specialties that correspond to them, and

XIV. Perform other activities that correspond to them in accordance with this law and other applicable provisions.

ARTICLE 7. The object of the National Institute of Public Health will include the provision of health services to a universe of users that cannot be determined. The functions of this Institute shall be, in addition to those identified in fractions I to VI and IX to XIV of the previous article, the following:

I.     Study and design health-related scientific research methods and techniques;

II.   Develop surveys in the areas of public health;

III. To assist in the epidemiological surveillance of infectious diseases and other health problems in the country, and those that may be introduced into the national territory;

IV.   Contribute to the development of diagnostic technology appropriate to national needs, in the field of communicable diseases, and

V.    Serve as a reference center for the diagnosis of infectious diseases.

ARTICLE 7a.- The National Institute of Genomic Medicine will have the following attributions:

I. Conduct clinical, epidemiological, experimental, clinical studies and research technological and basic development in the areas of their specialty, for the understanding, prevention, diagnosis and treatment of diseases, rehabilitation of those affected, as well as for promoting health measures;

II. Perform the activities referred to in fractions II, III, IV, V, VI, IX, X, XI, XII, XIII and XIV of Article 6 of this order;

III. The activities referred to in Section VII and VIII of Article 6 of this Law will be carried out through other health institutions;

IV. To resolutely push for linkage with national institutions to conform a research and development network in the field of genomic medicine and related disciplines, with the participation of international institutions; in accordance with the provisions of this Law;

V. Encourage the realization of specialized technology development projects, thus obtaining protocols for technological innovation in the development of means of diagnosis, pharmaco-genomics and gene therapy, and

VI. Be the National Reference Center for matters related to studies on the human genome and its applications.

ARTICLE 7 Ter. The National Institute of Geriatrics will have, in addition to the functions outlined in article 6 of this law, the following:

I. Support the Secretariat, in its capacity as a sector coordinator, for the elaboration and implementation of the annual, sectoral, special and regional health in the field of their functions, as well as to promote the coordination of actions with the social and private sectors in their field of competence;

II. To encourage the development of specialized technology development projects, thus obtaining protocols for technological innovation in the field of processing of diagnostic and treatment facilities; and

III. To be the national reference center for issues related to studies on population aging and its applications.

ARTICLE 8. The legal domicile of each of the National Institutes of Health will be Mexico City, Federal District, with the exception of the National Institute of Public Health, whose legal domicile will be the city of Cuernavaca, State of Morelos, without prejudice to the fact that, where appropriate, they can be established in any part of the national territory.

ARTICLE 9. The heritage of each of the National Institutes of Health will be integrated with:

I.     The movable and immovable property and rights transferred to them or transferred by the Federal Government;

II.   Own goods, such as furniture and buildings acquired by the Institutes with self-generated, external or third-party resources, which they use for purposes other than those of their object, and which cannot be classified as property of the public or private domain of the Federation;

III. The budgetary resources allocated to them by the Federal Government;

IV.   The self-generated resources;

V.    External source resources, and

VI.   Other goods, rights and resources which, by any title, acquire.

Chapter II

Autonomy

ARTICLE 10. The National Institutes of Health shall enjoy technical, operational and administrative autonomy in the terms of this law, without prejudice to the corresponding sectoral coordination relationships.

ARTICLE 11. The income of the National Institutes of Health derived from services, goods or products they provide or produce shall be intended to serve the needs previously determined by its governing bodies, which shall be determined in accordance with the provisions of the Federation's Government Budget.

ARTICLE 12. The National Institutes of Health will have a comprehensive system of professionalization, which will include, at least, a catalogue of posts, mechanisms access and promotions, salary tab, professional development programs and permanent updating of its scientific, technological, academic, administrative and support staff in general, as well as the obligations and incentives to the performance and productivity.

The organisation, operation and development of the system referred to in the preceding paragraph shall be governed by the rules laid down by the Secretariat in coordination with the Secretary of Finance and Public Credit.

ARTICLE 13. The Sector Coordinator and the Finance and Public Credit and Public Service Secretariats will have to rationalize the information that you demand from the National Institutes of Health.

Chapter III

Administration organs

ARTICLE 14. The administration of each of the National Institutes of Health will be in charge of a governing board and a director general.

ARTICLE 15. The governing boards of each of the National Institutes of Health will be integrated by the Health Secretary, who will preside over them; the Secretariat to be responsible for the sectoral coordination of these decentralised bodies; a representative of the Secretariat of Finance and Public Credit; another of the Institute's Board of Trustees; and a representative of the President of the the Board, appoint an institution of the educational sector linked to the The study will be carried out by the Ministry of Health, as well as by four vowels, appointed by the Health Secretary, who will be people who are not working with the Institute and of recognized moral quality, merit, prestige and experience in their field of specialty. The latter will last for four years and can be ratified for a single occasion.

The president of each of the governing boards will be replaced in his absences by the public servant of the Secretariat that will be in charge of the sectoral coordination of the National Institutes of Health. The other members of the governing boards shall appoint their respective alternates.

The governing boards will have a secretary and a secretary.

ARTICLE 16. The governing boards of the National Institutes of Health will have, in addition to the powers conferred upon them by the Federal Law of ParaState Entities, the following inselectable attributions:

I.     Approve the distribution of the entity's final annual budget and the investment program, in accordance with the total allowable amount of its budget;

II.   Approve budget adjustments to their programs, which do not involve the affectation of their total authorized amount, investment resources, projects financed with external credit, nor the fulfillment of the objectives and goals committed;

III. Set the guidelines for the application of self-generated resources;

IV.   Authorize the onerous use of spaces in the areas and facilities of the Institute in question, other than for hospital use.

V.    Approve and modify the basic structure of the entity according to the total authorized amount of its personal services budget, as well as define the guidelines and norms to conform the occupational and salary structure, Seat conversions and renivations of positions and categories;

VI.   To establish the system of professionalization of the staff of the Institute in question, with criteria for the stability and development of the personnel in the respective specialty, for which they will be considered the resources foreseen in the budget;

VII.             Determine the rules and percentages according to which the staff involved in certain research projects will be able to benefit from the resources generated by the project, as well as, for a specified period, in the royalties resulting from the application or exploitation of industrial or intellectual property rights, resulting from projects carried out at the Institute, and

VIII.            Approve, on a proposal from the Director General, the procedure before the sector coordinator to modify or impose names of physicians or benefactors to facilities and areas of the sector.

ARTICLE 17. The governing boards shall hold regular sessions at least twice each year, and the extraordinary meetings of their president or at least three of its members.

The meetings will be validly held with the assistance of at least half of its members, provided that the majority of the representatives are present. of the Federal Public Administration. The agreements shall be taken by a majority of the members present and the president shall have a vote of quality, in the event of a tie.

The sessions of the governing boards will be attended, with voice, but without a vote, the secretary, the prosecretary and the commissioner.

The governing boards may invite representatives of research, teaching or health care institutions, as well as representatives of groups, to their sessions. stakeholders from the public, social and private sectors.

ARTICLE 18. The Directors-General of the National Institutes of Health will be appointed by the governing boards of a third party to present the chairman of the board. The appointment shall proceed as long as the person meets the following requirements:

I.     Being a Mexican citizen in full exercise of your rights;

II.   Be a health professional, with any of the specialties of the Institute concerned. In the case of the holder of the National Institute of Public Health, he may be a person of recognized academic merit in medical and public health disciplines and who has published research papers in public health. In the case of the other National Institutes of Health, have published research papers in the respective specialty;

III. Having a recognized career in Medicine and recognized academic merit;

IV.   Not to be in any of the impediments referred to in Article 19, fractions II to V of the Federal Law of ParaState Entities, and

V.    Have experience in the performance of high level decision-making positions whose exercise requires knowledge and experience in administrative matters.

ARTICLE 19. The Directors-General of the National Institutes of Health shall have, in addition to the powers and obligations referred to in Article 59 of the Law Federal of the ParaState Entities, the following:

I.     Celebrate and grant all kinds of acts, conventions, contracts and documents inherent in the object of the Institute;

II.   Exercise the widest powers of domain, administration, litigation and collection, even those requiring special clause.

In the case of domain acts, prior authorisation of the Governing Board shall be required for the exercise of the relevant powers;

III. Issue, endorse and negotiate credit titles;

IV.   Grant, replace, and revoke general and special powers with the powers of the authority, including those requiring authorization or special clause;

V.    Formulate complaints and complaints, as well as grant legal forgiveness;

VI.   Exercise and desist from legal proceedings, including in matters of protection;

VII.             Celebrate transactions in judicial matters and commit matters in arbitration;

VIII.            Propose to the Governing Board the stimuli to be awarded to the staff of the Institute;

IX.   Grant non-economic recognitions to the Institute's beneficial natural or moral persons, including those consisting of permanent public testimony;

X.    Authorize the opening of financial investment accounts, which will always be of fixed income or guaranteed performance, and

XI.   Set the general working conditions of the Institute, taking into account the opinion of the corresponding Union.

ARTICLE 20. The Directors-General of the National Institutes of Health will last for five years and may be ratified for another equal period in one occasion. They may be removed for full proven cause, relating to technical incompetence, dereliction of duty or lack of good repute.

The Institutes ' organic statutes will prevent the way CEOs will be supplanted in their absences.

Chapter IV

Support organs

ARTICLE 21. Each of the National Institutes of Health will have an employer, an external advisory board and a technical board of directors and programming, such as support and consultation bodies.

ARTICLE 22. The employers will be responsible for supporting the research, teaching and medical care of the Institutes, mainly with the obtaining of resources of external origin. Advisory and consultative bodies will also be involved.

ARTICLE 23. Patronages will be integrated by a president, a secretary, a treasurer and the vowels who appoint government boards among persons of recognized good repute, belonging to the social and private sectors or the community in general, with service vocation, which may be proposed by the Directors-General of the Institutes or by any member of the Institutes.

The functioning of each Board and the duration of its members in their positions shall be determined in the internal rules of operation that each of them issue.

ARTICLE 24. The positions of the members of the patronages will be honorary, so they will not receive any retribution, emolumento or compensation, but the Board of Government of each Institute will be able to establish recognitions, not economic, for the members of the Employers whose work is relevant.

ARTICLE 25. Patronages will assist government boards and have the following functions:

I.     Support the activities of the Institutes and formulate suggestions for their best performance;

II.   Contribute to obtaining resources that promote compliance with the objectives of the Institutes, and

III. The others that point to the governing boards.

ARTICLE 26. The external advisory board shall be integrated, in each Institute, by the Director-General, who will preside over it, and by national or international personalities from the field of the subject matter of the Institute, who will be invited by the Board of Government on a proposal from the CEO.

ARTICLE 27. The external advisory councils will have the following functions:

I.     Advise the Director-General on matters of a technical and scientific nature;

II.   Receive general information on the topics and development of the research carried out at the Institute;

III. Propose to the Director-General lines of research, improvements for equipment or for patient care, as well as the quality and efficiency of the Institute in question, and

IV.   Perform the other functions entrusted to you by the organic statute or the Governing Board.

ARTICLE 28. Each of the Institutes will have a technical board of administration and programming, as a coordinating body to increase its effectiveness.

The technical management and programming councils will be integrated by the Director-General of the Institute in question, who will chair it, by the heads of the various areas of the Institute and shall have a technical secretary appointed by the Director-General.

ARTICLE 29. Technical administration and programming advice will have the following functions:

I.     To act as an instance of exchange of experiences, of proposals for joint solutions, of congruence of actions and of the establishment of criteria tending to the development and the fulfillment of the objectives of the Institute;

II.   Propose the administrative adjustments that are required for the effective fulfillment of the objectives and goals established;

III. To consider the general and operational policies of internal order;

IV.   Analyze issues related to aspects or actions common to various areas of the Institute and issue opinion on it, and

V.    Propose to the Director General the adoption of measures of general order aimed at the administrative and operational improvement of the Institute.

ARTICLE 30. Each of the National Institutes of Health will be able to count on emerite researchers. The Governing Board of each National Institute of Health, on a proposal from the corresponding director general, will determine when it is appropriate to propose that the body count with emerite investigators, for which it will see the establishment of a committee in charge of its selection and designation, which must issue its internal rules.

ARTICLE 31. The designation as a researcher emeritus will be a lifetime distinction.

Researchers will receive the economic stimulus and benefits that the respective Governing Board determines.

Chapter V

Surveillance Authority

ARTICLE 32. Each of the National Institutes of Health will have a surveillance organ composed of a public commissioner who owns and an alternate member. appointed by the Secretariat of the Civil Service, and will have the privileges granted to them by the Federal Law of ParaState Entities.

ARTICLE 33. Each of the National Institutes of Health shall have an internal control body, called Internal Comptroller, whose holder and the the areas of audit, complaints and responsibilities that will assist the latter, will depend on the Secretariat of the Civil Service.

ARTICLE 34. The public servants referred to in the previous article will develop their functions according to the following bases:

I.     They shall receive complaints, investigate and, where appropriate, through the holder of the internal control body or the area of responsibility, determine the administrative responsibility of the public servants of the entity and impose the penalties applicable in the terms provided for in the law of the matter and shall dictate the decisions in the remedies for revocation which the public servants of the institution have to place in respect of the imposition of administrative penalties. Such bodies shall make the legal defence of the decisions they issue before the various federal courts;

II.   They will perform their activities according to rules and bases that allow them to execute their mission with self-sufficiency and autonomy;

III.   Examine and evaluate control systems, mechanisms and procedures;

IV.    They will perform reviews and audits;

V.    They shall ensure that the management and implementation of the resources are carried out in accordance with the applicable provisions, and shall report to the Director-General and the Governing Board on the reports resulting from the audits, examinations and evaluations carried out, and

VI.   They shall exercise the other powers conferred upon them by other laws and regulations.

Chapter VI

Labor regime

ARTICLE 35. Labor relations between the National Institutes of Health and its workers will be governed by the provisions of the Federal Labor Law. State Service, Regulatory of Article 123 (B) of the Constitutional Treaty. Staff will continue to be incorporated into the State Workers ' Social Security and Social Services Institute Act regime.

ARTICLE 36. General managers, directors, sub-directors, heads of division, department heads, head of services and the other than those carrying out the duties referred to in Article 5o. of the Federal Law of Workers to the State Service, Regulatory of Article 123 of the Constitutional Treaty.

THIRD TITLE

Scope of the Institutes

Chapter I

Research

ARTICLE 37. The research carried out by the National Institutes of Health will be basic and applied and will be intended to contribute to the advancement of the scientific knowledge, as well as to the satisfaction of the health needs of the country, through scientific and technological development, in biomedical, clinical, sociomedic and epidemiological areas.

ARTICLE 38. In the elaboration of its research programs, the National Institutes of Health will take into account the programmatic and budgetary guidelines. that the Federal Executive will establish in these matters.

ARTICLE 39. Research conducted by the National Institutes of Health may be funded by the following sources:

I.     With the federal resources to be awarded to the Institutes, within the Federation's Budget of expenditures and which, in accordance with its internal programs and standards, are intended for the conduct of scientific research activities;

II.   With self-generated resources;

III. With external resources, and

IV.   With third-party resources.

In the case of projects whose duration is longer than one year and which are financed from budgetary resources, the implementation of these projects will be subject to availability. of subsequent years, but the projects in the process will be considered to be preferential with respect to the new ones, in equal terms of results.

ARTICLE 40. The National Institutes of Health, with the agreement of each of its governing boards, will be able to establish a common fund for research, which will be It will be up to three percent of its research budget. Such a fund shall be administered, in the conduct, in the terms set out in Article 43 of this Law.

ARTICLE 41. Research projects funded from third-party resources will be subject to the following:

I.     Each project must be approved by the Director-General of the Institute concerned, for which the favourable opinion of the Research Committee of the Institute itself should be provided;

II.   The projects will be evaluated by the respective Institute at any time, and the Director-General will report the results to his Governing Board;

III. The research will be carried out in accordance with the general guidelines established by each Institute;

IV.   Researchers will be able to present the projects for the Institute's authorization at any time;

V.    The resources under no circumstances will be part of the National Institute of Health's heritage where the research is developed, and will only be under the administration of the Institute concerned for the agreed purpose;

VI.   The terms and conditions for the distribution of resources in terms of support and economic stimulus to the personnel involved in the project, the acquisition of equipment and other inputs that are required, may be determined by the researcher and the contributing to the resources, on the basis of the general guidelines and policies to be determined by the Governing Board of the Institute in question, in which the percentage to be allocated to the Institute shall be determined, inter alia;

VII.             Resources must be sufficient to complete the respective research project, including indirect costs;

VIII.            Projects shall be suspended when there is a risk or serious harm to the health of the subjects in whom the investigation is carried out, where the effectiveness or absence of benefits or the contribution of the resources is made. suspend the supply of these;

IX.   When the research project continues its development in a different Institute than originally designated, the resources will be transferred to the Institute that will take the project in charge;

X.    The economic supports that the third-party resources will grant to the staff will be temporary, so they will conclude at the end of the project financed by these resources, and will not create rights for the worker, nor responsibility of type employment or salary for the Institute, and

XI.   The guidelines for the administration of these resources will be approved by the Governing Board.

ARTICLE 42. The Secretariat, as the sector coordinator, will promote the creation of tax incentives and other incentive mechanisms for the social sectors and Private companies make increasing investments for health research.

ARTICLE 43. The National Institutes of Health will be able to manage resources for research through financial or fund investment accounts. The latter will be subject to the following:

I.     The funds will be constituted and managed by the trust figure. The patient shall be the National Institute of Health in question;

II.   The trust will be the credit institution that chooses the trustee in each case;

III. Funds will be made up of authorized, self-generated or external resources and can receive contributions from third parties;

IV.   The trustee of the funds shall be the Institute that has constituted it;

V.    The purpose of the funds will be to finance or supplement the financing of specific research projects, the creation and maintenance of research facilities, teaching and medical care, their equipment, the supply of materials, the granting of financial support and extraordinary incentives to researchers, research support staff, and other purposes directly linked to approved scientific projects. The resources may be affected for administration expenditure of the Institutes up to the percentage approved by the Governing Board of each Institute. The assets acquired and works made from the resources of the funds will be part of the Institute's own assets.

VI.   The resources of the funds will invariably be channelled to the purpose to which they have been affected, their investment will always be in fixed income and they will have their own accounting;

VII.             The amount or availability of resources in funds, including capital and interest and self-generated and external resources, shall not result in the reduction, limitation or compensation of normal budgetary allocations, authorized in accordance with the Federation's Government Budget, for the Institutes which, in accordance with this law, have such funds;

VIII.            The Institutes, through the Government Board, will establish the rules of operation of the funds, in which the types of projects that will receive the supports and the processes and instances of monitoring will be specified assessment;

IX.   The funds shall in all cases be provided with a technical and administrative committee composed of public servants of the Secretariat and of the Institute concerned. In addition, persons of recognized prestige in the scientific, technological and academic, public, social and private sectors, corresponding to the research classes that are the subject of the fund, will be invited to participate in the committee.

X.    The governing body of the Institute concerned shall be informed about the state and movement of the respective funds;

XI.   They shall not be regarded as entities of the State-owned public administration, since they shall consist only of a trust contract and shall not have an organic structure or own personnel for its operation;

XII.             They will be subject to government control and audit measures that determine the laws, and

XIII.            The resources of fiscal origin, self-generated, external, of third parties or any others, that enter into the funds that are established in accordance with the provisions of this law will in no case be reversed to the Federal Government. Upon termination of the trust contract for any legal or contractual cause, the resources found therein shall be delivered to the trustee and shall be affected according to their origin.

ARTICLE 44. Each National Health Institute will have an internal committee responsible for monitoring the proper use of resources for research. The committee shall be composed of two representatives of the research area; one representative for each of the following areas: administrative, teaching and medical; one representative of the board and one appointed by the Governing Board. The committee will evaluate technical and financial reports.

It will also monitor the ethical aspects of the project, for which it will be supported by the Ethics Committee of the Institute in question.

ARTICLE 45. The contributions made by the natural and moral persons to the research projects carried out by the National Institutes of Health will be deductibles for income tax purposes, in the form and terms to be established in the applicable tax provisions.

ARTICLE 46. The National Institutes of Health will disseminate to the scientific community and society their activities and the results of their research, without prejudice to the rights of related industrial or intellectual property and information which, by reason of their nature, are to be reserved.

ARTICLE 47. The National Institutes of Health will be able to coordinate with each other and with other public or private institutions, including non-governmental organizations. national or international government for the implementation of specific research projects.

In the conventions to be concluded for the purposes of the coordination referred to in the preceding paragraph, the common objectives, the obligations of the parties, shall be determined, the specific funding commitments and the participation of the National Institutes of Health in the corresponding industrial and intellectual property rights, among others.

ARTICLE 48. In coordination between the National Institutes of Health, for the joint implementation of specific projects, the transfer of resources from one to another body up to the required amount.

To carry out the transfer referred to in the preceding paragraph, the Institutes shall have the authorization of the sector coordinator and the Secretariat of Hacienda y Crédito Público, in terms of the applicable budget provisions.

ARTICLE 49. The National Institutes of Health will develop and update the inventories of the research they carry out, and will be obliged to provide the Secretariat with the data and reports requested for their integration into the National System of Health Research.

ARTICLE 50. The National Institutes of Health will ensure the participation of their researchers in teaching activities.

Chapter II

Teaching

ARTICLE 51. The National Institutes of Health may provide undergraduate, specialty, subspecialty, master, and doctoral studies, as well as continuing education, in the various fields of medical science.

In addition, they will be able to participate in the training and updating of human resources, through courses, conferences, seminars and other similar ones, in the topics that consider necessary.

ARTICLE 52. In the curricula and curricula, the National Institutes of Health, in addition to what is stated in the law on education, should:

I.     Linking the specialization and post-graduate courses to the health care delivery and research programs of the Institute in question;

II.   Develop mechanisms to assess the quality of educational programs and their impact on service delivery;

III. Encourage participation in the teaching of the researchers at the Institute in question, and

IV.   To encourage the development and updating of personnel based on the needs of their research, teaching and health care areas.

ARTICLE 53. The constances, diplomas, recognitions, certificates and titles that, if any, are issued by the National Institutes of Health shall be valid corresponding to the studies performed.

Chapter III

Healthcare

ARTICLE 54. The National Institutes of Health will provide health care services, as follows:

I.     They will be suffering from high-complexity diagnostic and treatment conditions, as well as emergencies.

Once diagnosed, resolved or controlled the third-level problem that gave rise to care will be able to refer patients to the other levels of attention, in accordance with the reference and counterreference system;

II.   They shall receive users referred to by the other two levels of care or those requiring specialised medical care, in accordance with the prior diagnosis of the pre-consultation service of the Institute concerned, and

III. They will provide the services on a free basis, for which the recovery fees will be based on principles of social solidarity and will be related to the users ' income, and should be exempt from the collection. where the user lacks the resources to cover them, or in the areas of least economic and social development in accordance with the provisions of the Health Secretariat.

ARTICLE 55. For the provision of health care services, the Institutes may have the services of pre-consultation, external consultation, outpatient care, emergency services and hospitalization. Those services shall operate in accordance with the provisions of the manual of procedures.

ARTICLE 56. The National Institutes of Health will provide health care services, preferably, to the population that is not in any of the social security.

ARTICLE 57. The Health Secretariat will assess the quality of hospital infrastructure and health care services provided by the Institutes.

TRANSIENT

FIRST. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.

SECOND. They are opened:

I.     The laws of the National Institute of Cancerology; the National Institute of Cardiology Ignacio Chávez; the National Institute of Nutrition Salvador Zubirán, and the Children's Hospital of Mexico Federico Gomez, published the Official Journal of the Federation on December 3, 1987, and

II.   The presidential decrees of the National Institute of Public Health; of the National Institute of Pediatrics; of the National Institute of Neurology and Neurosurgery; of the National Institute of Perinatology; of the National Institute of Respiratory, and the Mexican Institute of Psychiatry, published in the Official Journal of the Federation on 26 January 1987, 1, 2 and 4 August and 7 September 1988 respectively, as well as the decree reforming the different from the National Institute of Neurology and Neurosurgery, published in the same organ information on 3 June 1994.

THIRD. Health institutions that use the words "National Institute" in their denomination will have a term of six months, counted from the entry in force of this law, to promote the modifications necessary to change its name.

FOURTH. The governing boards will issue the new National Institutes of Health statutes within sixty days of entry into the National Institutes of Health. force of this law.

QUINTO. In the execution of this law, the labor rights acquired by the workers of the National Institutes of Health will be respected.

Mexico, D.F., on April 29, 2000.-Dip. Francisco José Paoli Bolio, President.-Sen. Dionisio Pérez Jacome, Acting Vice President.-Dip. Marta Laura Carranza Aguayo, Secretary.-Sen. Raul Juarez Valencia, Secretary.-Rubicas".

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-three days of May of two thousand.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Government, Diodoro Carrasco Altamirano.-Heading.