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Law 16/2001, Of 21 November, Which Establishes An Extraordinary Process Of Consolidation And Provision Of Places Of Statutory Staff In Health Institutions Of The Security Social Of The Services Of Health Of The System National D...

Original Language Title: Ley 16/2001, de 21 de noviembre, por la que se establece un proceso extraordinario de consolidaciĆ³n y provisiĆ³n de plazas de personal estatutario en las Instituciones Sanitarias de la Seguridad Social de los Servicios de Salud del Sistema Nacional d...

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TEXT

JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

Health care is one of the essential components of the social protection system developed in Spain in recent decades. The public authorities, in compliance with the mandate set out in Article 43.2 of the Constitution, have taken a leading role in the management of the health benefits offered to citizens. Likewise, the process of territorial decentralization of the State has also incited public health management, since this competence, as provided for in Article 148.1 of the Constitution, is currently transferred to seven Autonomous Communities, which currently manage the health care of more than 60 per 100 of the Spanish population. On the other hand, the model of organization and management of health, configured around the National Health System created by Law 14/1986, of 25 April, General of Health, has been subjected since its creation to an intense process of growth and development, with the logical consequences of increasing the needs of human resources. In fact, the strong increase, both quantitative and qualitative, that have experienced the health benefits of the National Health System, as a result of Royal Decree 63/1995, of January 20, on the management of health benefits of the System National Health, and inclusion as a protected population of new user groups, has required the incorporation of a growing number of professionals, both sanitary and non-sanitary, to the health centers, without whose competition there would be the quality and continuity of the welfare benefits cannot be maintained, as well as access to them under conditions of effective equality, as prescribed by Law 14/1986.

However, in many categories of staff and for more than a decade, the access of professionals to the public health jobs has often been carried out without the need for them. will consolidate a stable employment relationship as a fixed statutory staff in the National Health System. This has been due to the fact that it has been difficult to cope with the increasing and growing need to provide professional staff to the System, with the characteristics of the selection and provision processes foreseen in the current rules. at each moment, since the time-limits for the processing and management necessary for the implementation of the same would have meant, to a large extent, the impossibility of responding, both in time and in quality, to the care needs of the citizens.

As a result of the circumstances outlined above, within the National Institute of Health, as the managing body of the Social Security responsible for the management of health benefits in the field of the Autonomous Communities which are pending their transfer, as well as in the various Health Services of the Autonomous Communities with powers transferred, in the latter to a greater or lesser degree, according to the There has been a serious problem of stability in the employment of its statutory staff, with high percentages of the different categories of staff who maintain a temporary link in the provision of services. This high job insecurity is not only to be understood as being poorly compatible with an efficient human resource management model in the public domain, but also causes problems in maintaining continuity. care, generating uncertainty among professionals.

Over the last few years, various efforts and initiatives have been promoted in the National Health System aimed at modernizing the selection and provision of staff positions. From a normative point of view, these have culminated in Law 30/1999, of 5 October, of the Selection and provision of seats of statutory staff of the Health Services, which is currently in force. In the last few years, public offers of employment were approved, in the different territorial areas of the National Health System of unequal results in terms of the objectives of the selection and provision of the staff, as part of the The calls for selective testing of these calls resulted in judicial proceedings, some of which still remain open, thus increasing the presence of temporary staff in staff templates. statutory. It should be noted that the solution of the problem of the temporality of the staff, applying the selective and provision procedures laid down in the specified Law 30/1999, would require a long delay, which is not compatible with the expectations you have

the affected staff. In this sense, it is important to mention the interest in solving this problem, expressed by the trade union organizations present in the organs of representation of the Health Services, of which is a sign of the pact dated November 23, 1999, signed by INHEALTH with all the trade union organizations represented in the Sectoral Bureau of the Institute, for which the commitment was made to reduce the temporality of its staff to a percentage that will not exceed 3 per 100 of its staff.

The human resources management framework described above is also affected by the next transfer of the management of the National Institute of Health to those Autonomous Communities that are pending receive them, which produces two types of effects. On the one hand, it means the desirability of trying to solve this problem for reasons of opportunity, preventing it from being transferred to each of the Autonomous Communities receiving health powers, thus making it more complex. coherent and coordinated resolution for the whole of the National Health System. On the other hand, it stimulates the desire and expectations of the temporary staff of the National Institute of Health to acquire the fixed statutory link before the transfer takes place. All this sets up an exceptional situation, not only because of the characteristics of the problem, but also because of the nature of the possible solutions to address it.

The purpose of this Law is to put an end to the high temporality suffered by the statutory staff of the Health and Health Services Health Institutions. It has also been promoted by the agreement reached, for the consolidation of temporary employment, between the INHEALTH and the trade union organizations represented in the Health Sector Table of this entity, on 2 August 2001. Through it, an exceptional and extraordinary procedure of job consolidation is enabled, with the aim of transforming the current temporary employment into fixed statutory appointments.

This process, as extraordinary, will be exhausted with its own resolution, as laid down in the Constitutional Court's doctrine, so that the selective procedures designed, and the subsequent phase of provision of (a) to be developed by a single and only one time, since, once completed, the systems of regular provision and selection which are subsequently used must comply with the provisions laid down in Law 30/1999 and in the Royal Decree-Law 1/1999, on the selection and provision of posts of statutory staff, which Regulatory range develops to that.

The need for this rule, and hence its exceptional character, is justified for different reasons. As noted above, the proportions that the temporary staff has acquired in the set of the templates of many of the health centers of the National Health System constitutes a growing difficulty for the normal development of this. For the resolution of this problem, it is not sufficient for the aforementioned Law 30/1999, since it would prolong this situation for several more years. It has also been pointed out that the next transfer of the health management competencies of the INHEALTH to the Autonomous Communities advises to initiate a solution before it occurs, so that in this way the problem can be avoided. Precisely, the proximity of these transfers has not only stimulated the wishes of the temporary staff to see their situation resolved, but has also intensified the claims of the statutory staff who have a fixed appointment to have option to a transfer contest before being transferred to the corresponding Autonomous Community.

This last issue is of particular relevance in order to substantiate the content of this Law, as it is necessary to reconcile the consolidation of temporary employment with the right to mobility of the statutory staff that is already It is necessary to design the procedures that, with a novel nature, are capable of articulating both forms of order without affecting the continuity and quality of care. Therefore, in addition to seeking to consolidate temporary employment, this Law seeks to do so in a way compatible with the mobility of personnel, while trying not to stimulate mass movements of personnel, especially in those professional categories. of medical staff and graduates, since, if not done so, the normal functioning of the health centres could be eroded, as well as the right of the citizens to be guaranteed the continuity of the treatments and benefits that they are getting. It is also noteworthy that the extraordinary process of consolidation of employment is open to all professional categories, regardless of the greater or lesser temporality that exists within them, since, due to the integrated and interdependent healthcare facilities, a job consolidation proposal that will only affect certain categories of staff would face many difficulties in their acceptance.

Notwithstanding the exceptional and extraordinary framework of the selection and provision procedures set out in this Law, there are legal precedents of a similar nature. To quote the most relevant, first the case of the Organic Law 11/1983, of 25 August, of the University Reform, which in its transitional provision ninth provided the basic conditions for the conduct of tests of suitability for access to the categories of Professor Professor of University and Professor of University School, a procedure that was endorsed by the Constitutional Court. The second example which deserves to be highlighted is that which corresponds to Law 1/1993 of 6 April of the Management of the Sanitary System of Castile and Leon, which provided for a transitional and exceptional procedure in its fourth transitional provision only access to the status of an official of that Autonomous Community. The latter provision was also the subject of an appeal for unconstitutionality, which was dismissed by judgment of the High Court of 11 February 1999. The third legal basis of this judgment reiterated the doctrine, already established in previous judgments-such as numbers 2 7/1 9 9 1, 151/1992, 60/1994, 185/1994 and 16/1998 of the High Court-in respect of which conditions must be to comply with an extraordinary measure such as the one proposed in this Law, such as in the case of an exceptional measure, to be carried out at one time and that such a measure is provided for in a standard with legal status.

The process of consolidation of employment that regulates this Law consists in the realization of extraordinary calls in each professional category and specialty independently for each Health Service, although in a way coordinated and simultaneous between them. These calls consist of a selection phase, followed by a subsequent selection phase. The selection phase, based on the system of concur-opposition, of a centralized nature, and to which not only temporary staff of the National Health System, but any candidate that meets the general requirements and (i) of qualifications established in each call. The opposition phase shall consist of the personnel required to be higher titration for

the performance of the post, in the elaboration of a written memory or exhibition, while for the remaining categories it will be about the realization of a practical exercise on the most common procedures and used in the relevant professional category. In the competition phase, the services provided in the Health Institutions of the National Health System are valued.

Because it is intended that the consolidation of employment will have as its main reference the territorial scope of each Health Service, in addition to preventing, as far as possible, that mass displacements of In the case of the National Health System, the services provided in centers of the National Health System other than the respective Health Service in which the call is involved have an assessment that is of the third part of how they are computed when they have been borrowed within each of these. This different assessment of the services provided, as it is made reciprocal among the different Health Services, is not to be understood as contrary to the principle of equality among the professionals of the National Health System.

An important novelty that this Law establishes is the creation of the statutory staff of the situation of expectation of destination, which will be the one that will obtain those who overcome the respective phase of selection. The situation of expectation of destination does not confer economic rights or the right to the performance of a place as statutory staff in the Sanitary Institutions of Social Security of the National Health System, but it enables to participate in the the provision phase established in this Law for the obtaining of permanent place as a fixed statutory. Being the main characteristic of the phase of provision designed in this Law to allow the obtaining of the statutory seat fixed to the staff that is found in expectation of destination, also acts as a contest of transfers for the staff a fixed statutory who wishes to participate in the same. It has been regulated in this way in order to enable the mobility of staff who are already fixed, avoiding that the extraordinary process of consolidation of employment could damage the right to the transfer that this staff has. The provision of the places will be carried out through the system of competition, with the value of the services provided in the Health Institutions of the Social Security, although, as in the contest established in the selection system, the Accredited seniority in the Health Service in which the call is involved is valued more favourably than the accredited one in other Health Services.

However, for the categories and specialties of the qualification group A, which requires a higher university degree, a specific phase of provision is established, in addition to the value of the In the case of services provided, the scientific merits, researchers and post-graduate teaching are taken into account, as well as the conduct of an interview which is carried out in a decentralised manner by management centres. This unique phase of provision has been designed because these professional categories have a very high rate of temporality in the centers ' templates, so it has been necessary to articulate a provision procedure that, respecting the principles of equality, merit and capacity, avoid numerous displacements of professionals with difficult repercussions to assess on the continuity of care and the management of the centers. In addition, due to the special circumstances affecting the category of the specialist area specialists, who have obtained judicial pronouncements in the INHEALTH area in favour of the call for a transfer contest, this is why the second provision of this Law establishes for this category a contest of independent transfers of the phases of selection and provision of the process of consolidation. Therefore, the optional area specialist staff not only have the possibility to participate in this specific contest for transfers, but can also do so from the selection and provision phases set out in the process of consolidation of employment. However, the merit assessment scales are different, since the aforementioned provision phase is mainly articulated as a job consolidation procedure for the staff who would be in expectation of destination, whereas the commented contest of transfers is directed to optional specialist of area that is already fixed at the moment of the entry into force of the Law.

For its part, the Social Institute of the Navy, managing body of the Special Regime of the Social Security of the Workers of the Sea, which is responsible for the management of the health benefits of the collective understood in its For this purpose, for the purposes of its own network of health facilities, it presents, in respect of the different categories of statutory staff, the same problems of stability in employment and a high rate of temporality. It is advisable to attend to the provisions of this Law to the Social Institute of the Navy.

In the event that, once the phases of selection and provision established by this Law have been initiated and not completed, the transfer of health competencies from the INHEALTH to the Autonomous Communities pending receive them, the fifth additional provision establishes a Development and Monitoring Committee, which will be responsible for carrying out all the necessary procedures for the development and completion of the calls in the territorial area of the Autonomous Communities that would have been transferred.

This Law establishes the necessary coordination and concurrency of the processes of consolidation of employment of the different Health Services, in their phases of selection and provision, in order to ensure the harmonious development of the same and obtaining consistent results with the aim of consolidating employment in the respective Health Services.

In this sense, Article 5 provides for the creation, within the Interterritorial Council of the National Health System, of a specific Coordination Commission in which the Ministry of Health and Consumer Affairs and the Autonomous Communities.

This Law is of a basic nature, with the exception of its second, 11th, 15th and final third provisions, as the content of this Law is fully inserted in the field of coordination. Article 149.1.16.a of the General Law of the Republic of the European Union, in accordance with the provisions of Articles 70.2 (c) and 73 of the General Law on Health, is a matter of which the State has exclusive competence, as laid down in Article 149.1.16.a of the Constitution.

CHAPTER I

General object and principles

Article 1. Object.

1. The purpose of this Law is to consolidate employment through the development of an extraordinary process of selection and provision of places in the Health Institutions of the National Health System.

To this end, Health Services are enabled to celebrate, for one time, extraordinary calls for job consolidation, which will include the selection and provision phases. The competent bodies of the Health Services shall determine, in their respective field, those categories and specialties of personnel, from those existing immediately prior to the date of publication of the relevant call, in which the process of consolidation of employment will be carried out.

2. This Law is approved in accordance with the provisions of article 149.1.16.a and 18.a of the Constitution, and therefore its rules are part of the general health coordination and are the basis of the statutory framework of the staff included in its field of application, with the exception of its second, 11th, 15th and final third provisions.

3. For the purposes set out in this Law, the National Institute of Health will have the consideration of a single Health Service.

Article 2. General principles.

The selection and provision of statutory staff of the Health Care Institutions of the Health Services of the National Health System, which is regulated by this Law, is governed by the following principles: general:

a) Full submission to the Law and the law of all actions in the selective and provision of places.

b) Equality, merit, capacity and publicity in access to the condition of fixed statutory staff.

c) Free movement of statutory staff in the National Health System as a whole.

d) Effectiveness, impartiality and agility in the performance of the courts and other bodies responsible for the selection and provision of places.

e) Participation of the trade union organizations present in the legally established representation bodies, through negotiation in the development of what is foreseen in this Law.

f) Adequation of the selection procedures, their contents and tests to the functions to be carried out in the corresponding places, including the assessment of the knowledge of the official language other than the Spanish in the respective Autonomous Communities.

CHAPTER II

Job Consolidation: Selection phase and selective testing

Article 3. Subjective scope.

1. In order to participate in the extraordinary process of consolidation of employment, as referred to in this Law, it will be necessary to gather at the date of publication of the respective convocation of each category and specialty the following requirements:

(a) Possession of Spanish nationality or that of any Member State of the European Union or of the European Economic Area or of the right to free movement of workers under the Treaty on European Community.

b) Be in possession of the required qualification in the relevant call or in a position to obtain it within the time limit for the submission of applications.

c) Poseer the functional capacity required for the performance of the tasks resulting from the corresponding appointment.

d) Be eighteen years old and not exceed the age of forced retirement.

e) Not having been separated by disciplinary record of the service of any Health Service or Public Administration in the six years prior to the call, nor is it disallowed on a firm basis for the exercise of public functions, or, where appropriate, for the relevant profession.

(f) In the case of nationals of other States referred to in subparagraph (a), not be disabled, by penalty or penalty, for the professional exercise or for access to public functions or services in a Member State, or have been separated by disciplinary sanction from any of their Administrations or Public Services in the six years preceding the call.

2. The selection calls shall reserve a quota of not less than 3 per 100 of the places offered in each Health Service to be covered between persons with disabilities of a degree equal to or greater than 33 per 100, so that progressively 2 per 100 of the total number of the Health Services called, provided that they exceed the selective processes and that, at the time, they demonstrate the indicated degree of disability and the compatibility with the performance of the tasks and corresponding functions.

Article 4. Selection phase.

1. The selection for the access to the condition of statutory staff fixed in the Health Institutions of the Health Services of the Health Services of the National Health System will be carried out through the opposition, as defined in this Act, exceptionally and for one time.

1.1 The opposition shall consist of the conclusion of a test which values the competence, fitness and suitability of the applicants for the performance of the relevant functions.

At each call the minimum score will be set to overcome the opposition or each of the exercises.

The opposition may be overcome by a number of aspirants higher than the number of places called.

1.2 In the contest, to which only applicants who have passed the opposition may be presented, the merits of those who exceed the competition shall be assessed, in accordance with the scale laid down in Article 6.3 of this Law. opposition, and it will serve, along with the qualification reached in it, to overcome the selection phase.

2. The improvement of the selection phase will involve the acquisition of the status of statutory staff in expectation of destination. It shall not be able to exceed the selection stage and therefore access the status of statutory staff in expectation of destination, a higher number of applicants than the number of places called.

2.1 For the purposes of this Law, it is understood by expectation of fate the situation in which the aspirants who have overcome the contest contest are found, until they obtain, if necessary, a definitive destination as a result of their participation in the subsequent provision phase set out in Chapter III of this Law, without prejudice to the provisions of paragraph 4 of this Article and the fourth provision of this Law.

2.2 The status of statutory staff in expectation of destination does not confer economic rights or the right to the performance of a place as statutory staff in the Health Services of the System National of Health until no definitive place has been obtained as a fixed statutory by the participation and obtaining of the same

in the provision phase provided for in Chapter III of this Act, without prejudice to the provisions of paragraph 4 of this article and the fourth provision of this Act.

2.3 Those who, as a result of their participation in the selection phase corresponding to more than one professional category, or in their case specialty, agreed to the status of statutory staff in expectation of destination in more of a category or specialty, may be involved only in the phase of provision of seats in Chapter III of this Law in a single category or specialty, without prejudice to the provisions of paragraph 4 of this Article and in the Additional provision fourth of this Act.

3. The personnel who have passed the selection phase, accessing the situation of expectation of destination, and previously had the status of temporary statutory, finding themselves playing a place in the Sanitary Institutions of the Security Social, will continue to occupy that square with the conditions provided in it, without prejudice that in its case it could obtain another definitive as a result of its participation in the phase of provision established in Chapter III of this Law.

4. Staff with a statutory appointment to the Health Services Health Services of the Health Services of the National Health System who have obtained the situation of expectation of destination in the same or another category (a) it shall continue to provisionally carry out the place it is occupying until the final date of obtaining the new one by means of the provision phase laid down in Chapter III of this Law, without prejudice to the provisions of the legislation on incompatibilities of staff at the service of public administrations. In the event that, as a result of their participation in the said provision stage, they do not obtain the corresponding place, they will be in the position of active service in the place which they hold on a fixed basis and on voluntary leave. incompatibility in the category or craft acquired in expectation of destination, if the latter is of a different category or craft to which it was a fixed statutory staff.

Article 5. Coordination of the selection phase.

1. The selection phase of the extraordinary employment consolidation processes set out in Article 4 of this Law shall be convened and independently conducted by each Health Service within the scope of their respective competencies. However, the different calls for Health Services corresponding to the same category or field of staff shall be carried out in a coordinated and simultaneous manner.

2. For the purposes of the above paragraph and in the provision phase set out in Chapter III of this Law, a specific Coordination Commission is hereby established for this process within the Interterritorial Council of the National System of Health, with the participation of the Ministry of Health and Consumer Affairs and, at least, the Autonomous Communities with health management competencies transferred to them that apply this Law.

Article 6. Content and scales of the selection phase.

1. In order to be eligible for the selection phase of the extraordinary calls for consolidation of employment, it will be necessary to meet the requirements set out in Article 3.1 of this Law.

2. For the professional categories and specialties included in the qualification group A, for which it is necessary to be in possession of a higher grade university degree, the opposition of the selection phase will include the realization of an exercise, consisting of the writing of a memory with the following contents: detailed analysis of the functions to be carried out in the category or specialty to which it is chosen, determination of the necessary knowledge and means for their performance, level of responsibility, as well as the importance of the functions that have to be held in the organisation. In the other categories of staff, the exercise will cover the most common and usual practical procedures used in the relevant professional category.

The maximum score to be awarded in the opposition phase will be 100 points.

3. The selection stage contest shall be assessed according to the following scale:

3.1 Professional experience gained in the job performance of the corresponding organizations as statutory staff:

3.1.1 For the services provided, whatever the moment would have been, in the Health Service Health Institutions of the Health Service in which the call is involved:

(a) In the same professional category and, where applicable, a specialty to which a fixed or temporary appointment is made: 0.3 points per month worked.

(b) In categories of the traditional model, of quota, zone or urgency, of the same titling group and, where applicable, the same specialty as the category in which it is awarded with fixed or temporary appointment:

0.225 points per month worked.

c) In a different professional category and, where appropriate, a specialty to which a fixed appointment is made: 0.15 points per month worked.

d) In the traditional model, of quota, zone or urgency, in different category and, where appropriate, specialty to which it is attended with fixed appointment: 0,113 points per month worked.

3.1.2 For services provided in the Health Services Health Care Institutions other than those on whose call you participate:

(a) In the same professional category and, where applicable, a specialty to which a fixed or temporary appointment is made: 0,1 points per month worked.

(b) In categories of the traditional model, of quota, zone or urgency, of the same titling group and, where applicable, the same specialty as the category in which it is awarded with fixed or temporary appointment:

0.075 points per month worked.

c) In a different professional category and, where appropriate, a specialty to which a fixed appointment is made: 0.05 points per month worked.

d) In the traditional model, of quota, zone or urgency, in different category and, where appropriate, specialty to which it is attended with fixed appointment: 0.038 points per month worked.

The maximum score that can be obtained by professional experience will be 45 points.

3.2 The training will be valued as follows:

3.2.1 For the professional categories of the A titling group:

(a) Aspirants who have completed the complete period as a Medical, Pharmaceutical, Chemical, Biologist or Radiophysicist for the title of specialist

Resident hospital resident of the program MIR, FIR, QUIR, BIR, RHIR or equivalent period-in Spain or in the European Economic Area-of theoretical and practical training, full-time in hospital and university, or in competent bodies or under their control, participating in all the activities and medical responsibilities of the Service where the training is carried out, including the guards and having obtained the remuneration in return appropriate, in accordance with Directive 93 /16/EEC of 5 April: 16 points.

(b) Applicants who have completed a training period as a resident doctor in order to obtain the title of specialist, in accordance with the rules before Royal Decree 127/1984, of at least two years of supervised practice, deepening the theoretical and practical aspects of the area corresponding to its specialty, having exceeded the necessary period of at least one year as an internal physician in rotation for basic clinical services: 2 points.

c) Aspirants who for the title of Family and Community Medicine have fulfilled the training period established in Royal Decree 264/1989, deepening the theoretical and practical aspects of the area corresponding to your craft, after you have exceeded: 2 points.

(d) Applicants who have acceded to the title of specialist in Hospital Radiophysics for the transitional means of access to this title provided for in Royal Decree 220/1997, for which the obtaining of the title of Hospital Radio: 2 points.

In paragraphs (a), (b), (c) and (d) above, only a single method of obtaining the specialty may be assessed.

e) By doctoral thesis, as well as by scientific and research papers directly related to the specialty, you can obtain up to a maximum of 10 points.

f) By imparting post-graduate teaching in the specialty to which it is attended in accredited centers for teaching, 0.5 points for each year, up to a maximum of 5 points.

3.2.2 For the rest of the professional categories of groups B, C, D and E, continuous or continuous training shall be assessed up to a maximum of 5 points in the form determined in the corresponding calls.

4. In case of a tie in the total score obtained in the contest-opposition, it will be resolved in favor of the contestant who accredits the greatest total time of services provided in the Health Institutions of the Social Security of the Health Services. If the tie persists, it will be resolved in favor of the best score in paragraphs 3.1.1 and 3.1.2 of this article and in its order.

CHAPTER III

Provision phase of the job consolidation process

Article 7. Subjective scope of the provision phase.

1. The Health Services of the National Health System will carry out the phase of the provision of places with the characteristics that are set out in this Chapter III, with extraordinary character, and the calls for each of them will be held in this chapter III. category and craft.

2. The provision phase set out in Chapter III of this Law shall be developed independently by each Health Service, within the scope of their respective competencies, being conducted in a coordinated manner between them.

3. They shall be required to participate in the provision phase referred to in this Law by the following candidates:

(a) The staff who, as a result of the process of consolidation of employment, have obtained the status of statutory staff in expectation of destination regulated in Article 4.2 of this Law. Personnel who are in this situation, and do not participate in the provision phase, will be considered to be decayed on their rights, without being able to be awarded any place, losing their status as statutory staff in expectation of destination.

(b) Staff who are in a situation of provisional re-entry must be required to participate in the corresponding call for the territorial scope of the Health Service where the services are being provided. If the one who performs the square with provisional destination, does not obtain it in the phase of provision, having requested all the convocadas in its category, modality and area of health, it will be able to choose to obtain new temporary destination in some of the places that become vacant as a result of the resolution of the provision phase or move back to the situation of voluntary leave. Interim reentry which does not participate in this phase, or does not obtain a place and has not applied for all of its category, modality and health area, shall be declared on a voluntary basis.

4. The following candidates may voluntarily participate in the provision stage referred to in Chapter III of this Law:

(a) The statutory staff with fixed appointment, in the same category and specialty that is called and who are performing or have a reserved place in the Health Institutions of the Social Security, are the public administrations of which it is dependent, and whatever the date on which it took office.

(b) Staff in a situation other than that of the asset and who do not have a reserve of place, provided that they meet the legal and regulatory requirements to be incorporated into the active service on the last day of filing of the (a) a call for tenders, without requiring any time limit to remain in that situation.

5. The destinations obtained as a result of the participation in the provision phase will be unrenountable.

6. For the purposes of this law, it is considered as a single management center to the set of health centers included in the same Health Area of Primary Care or Primary Care, as defined in Article 56 of the Law. 14/1986, General of Health. Those health centres which are not incorporated into a particular Health Area or which are designated as having a different management body, where appropriate, of the Health Area concerned, shall also be considered as centres of health. management to the sole effects of this Law.

Article 8. Provision phase for the categories and specialties of the A titration group.

1. In accordance with Article 7.3, all staff of the categories and specialties of the qualification group A who are in expectation of destination must be required to participate in the provision phase which is collected in the Article.

2. The calls for this provision phase shall be carried out centrally in each territorial area, but the interview referred to in paragraph 5 of this Article shall be carried out simultaneously by category and, where appropriate, by specialty and in each management center.

3. Irrespective of the fact that more than one management centre can be entered in the applications, the candidates may only attend the interview in one of them and, in the event of failure to submit to the application, or to participate in the different management centres to more than one of them shall, in accordance with the provisions of Article 7.3.a), fall within their rights.

4. In no case may more places be allocated than vacant vacancies.

5. In addition to the accreditation and valuation of the merits for services provided, the scientific and research activity developed, as well as the post-graduate teaching, the provision phase will consist of the completion and qualification of a interview to assess the different levels of complexity in which they can perform their functions.

6. Finalisation of the interviews, the Central Court provided for in Article 12 of this law will publish the list with the obtained scores, which will be applied for the obtaining of the place in the corresponding management centers defined in the respective calls for Health Services.

Article 9. Scale of the provision phase.

The calls set out in this law to be held for the development of the provision phase, will be in accordance with the following merit assessment scales:

1. Places in the categories and specialties of the A-titration group:

1.1 The assessment of the interview will be qualified with a maximum of 30 points.

1.2 The assessment of professional experience in the relevant organisations, as statutory staff with fixed or temporary appointment, will be adjusted to the following scale:

1.2.1 For the services provided, whatever the time would have been, in the Health Service Health Institutions of the Health Service in whose call you participate:

(a) In the same professional category and, where applicable, specialty to which it is attended: 0.6 points per month worked.

(b) In categories of the traditional model, of quota, zone or urgency, of the same group of qualifications and, where appropriate, the same specialty, that the category in which it is attended: 0,45 points per month worked.

c) In a different professional category and, where appropriate, a specialty to which it is attended: 0.3 points per month worked.

d) In the traditional model, of quota, zone or urgency, in different category and, where appropriate, specialty to which it is attended: 0.225 points per month worked.

1.2.2 For the services provided, whatever the time has been, in the Health Institutions of the Social Security of other Health Services other than that in which the call is involved:

(a) In the same professional category and, where applicable, a specialty to which it concurs: 0.2 points per month worked.

(b) In categories of the traditional model of quota or zone or of urgency, of the same group of qualifications and, where appropriate, the same specialty as the category to which it concurs: 0.15 points per month worked.

(c) In a different professional category and, where applicable, a specialty to which it is attended: 0.1 points per month worked.

d) In the traditional model of quota, zone or urgency, in different category and, in its case, specialty, to which it is attended: 0,075 points per month worked.

The maximum age count for services provided will be 55 points.

1.3 Other merits:

(a) For a doctoral thesis, as well as for scientific and research work directly related to the category or specialty, it may be possible to obtain up to a maximum of 10 points.

b) By imparting post-graduate teaching in accredited centers for teaching, 0.5 points for each year, up to a maximum of 5 points.

2. Places for the other categories of titration groups B, C, D and E:

2.1 To be held on the date of publication of the call for provision of a fixed statutory appointment in the Health Institutions of Social Security in the same category or, where appropriate, specialty, in which concursa:

a) In the Health Service in whose call you participate: 60 points.

b) In Health Services other than the convener in which you participate: 20 points.

2.2 The assessment of professional experience in the relevant organisations, as statutory staff with fixed or temporary appointment, will be adjusted to the following scale:

2.2.1 For the services provided, whatever the time would have been, in the Health Service Health Institutions of the Health Service in whose call you participate:

(a) In the same professional category, and in its specialty case, to which it is attended: 0.3 points per month worked.

(b) In the categories of the traditional model of quota or zone or of urgency, of the same group of qualifications and, where appropriate, same specialty as the category in which it concurs: 0,225 points per month worked.

c) In a different professional category and, where appropriate, a specialty to which it is attended: 0.15 points per month worked.

d) In the traditional model of quota or zone or of urgency, in different professional category and, in its case, specialty, to which it concurs: 0,113 points per month worked.

2.2.2 For services provided in the Health Services Health Institutions of the Health Services other than the one in which the call is made:

(a) In the same professional category and, where applicable, specialty, to which it concurs: 0.1 points per month worked.

(b) In the category of the traditional model of quota, zone or urgency, in the same professional category and, where appropriate, specialty in which it concurs: 0,075 points per month worked.

(c) In a different professional category and, where applicable, a specialty to which it concurs: 0,05 points per month worked.

d) In the category of the traditional model of quota, zone or urgency, in different category and, where appropriate, specialty to which it concurs: 0,038 points per month worked.

The maximum count of seniority for services provided by paragraph 2.2 shall be 60 points. The score referred to in paragraph 2.2 may be accumulated, where appropriate, to the score referred to in paragraph 2.1 of this Article.

3. In case of a tie in the total score obtained in the contest, it will be resolved in favor of the contestant who accredits the greatest total time of services provided in the Health Services Health Care Institutions. If the tie persists, it will be resolved in favor of the best score obtained in paragraphs 1.2 or 2.2 of this article, according to the category in which you participate, and by your order.

Article 10. Application for places for the categories of titration groups B, C, D and E.

1. Once the merits accredited by the participants in the provision phase have been assessed, in accordance with Article 9 of this Law, the persons concerned from the situation of expectation of destination must, in their order of preference, all the places offered in the corresponding call for provision of the same. In the case of not applying for all the places mentioned above, it will go to the situation of voluntary leave, without the need to assess their application in the relevant provision phase.

2. Staff with a fixed statutory appointment to participate in the provision stage, and who are not in the situation of expectation of destination, may request the place or places they deem appropriate, without having to ask for a number determined from them.

CHAPTER IV

Calls and Courts

Article 11. Calls.

1. Calls for the extraordinary process of consolidation of employment in its selection and provision phases shall be carried out at each territorial level on a centralised basis, with the exception of the assessment of the interview at the provision stage for the Category A categories, which shall be carried out in a decentralised manner by each management centre.

2. The calls to govern the processes will be approved, in the respective territorial area, by Order of the Ministry of Health and Consumption or provision of the competent organ of the Autonomous Community, and published in the corresponding Bulletin or Official Journal. Such calls shall determine, at the selection stage, the requirements and conditions to be met by the applicants, the number and characteristics of the places convened, the time limits for the submission of the application, the composition of the courts and the measures for the coordination of the development of the tests, aimed at ensuring the simultaneous implementation of the exercises in the various territorial areas in terms of equality, as well as the way in which the provision phase will be carried out. In addition, the calls shall establish the procedure for awarding the seats which will be left as a result, except for the categories of the A titration group, in which the eighth additional provision will be available.

Article 12. Courts.

1. For the selection phase of each category or, where appropriate, a Central Court and the delegated commissions of the Support Courts in the territorial area to be determined in the respective call for call.

2. The Central Court shall be responsible for ensuring the proper functioning of the whole process in the calls for the categories of the A-titration group, by promoting it in its selection and provision phases.

In the provision phase, the assessment of the interview will be carried out by the management center, constituting the delegated commissions for the selection of the Support Courts corresponding to this effect, which will raise the Central Court the scoring proposals attributed to the interviews conducted.

Additional disposition first. Participation of the Autonomous Communities with responsibility for health care of the transferred Social Security.

The Autonomous Communities which, prior to the entry into force of this Law, have transferred the responsibility for the management of the health care of the Social Security, will be able to benefit from the provisions of the same convenient to your needs.

Additional provision second. Specific transfer contest for medical area specialists at the National Institute of Health.

1. Independently of the selection and provision processes referred to in Chapters II and III of this Law, in the field of the National Institute of Health a voluntary transfer contest is established for the optional specialist staff the area, which at the date of expiry of the time limit for the submission of applications for the call, is provided as a fixed statutory staff or in one of the situations referred to in paragraphs (a) and (b) of the Article 7.

2. However, in the case of a call, staff who are in a situation of provisional re-entry must be compulsorily involved. If the one who performs the square with a provisional destination, does not obtain it in this contest, having requested all the convocadas in its category, modality and area of health, it will be able to choose to obtain new temporary destination in some of the places that are vacant as a result of the resolution of the same or move back to the situation of voluntary leave. The provisional re-entry that does not participate in this contest, or does not obtain a place and has not applied for all of its category, modality and health area, will be declared ex officio in a situation of voluntary leave.

3. The call for this competition will determine the number of places offered by specialty and management center.

4. The scale to be applied in this transfer contest will exclusively value the services provided in the Health Care Institutions of the Health Services as statutory staff with fixed or temporary appointment in the The same professional category and specialty to which it is attended, giving 0.6 points per month worked. The award of the places called shall be carried out in accordance with the score obtained, and must be produced before the publication of the calls for the provision phase set out in Article 8 of this Law.

5. Seats called and not awarded, as well as those that are vacant as a result of

this transfer contest, and after the award of the results, will be accumulated to those convened at the provision stage set out in Article 8 of this Act.

6. In any event, the taking over of the successful tenderers of this transfer contest will necessarily take place simultaneously with those who access the places as a result of their participation in the extraordinary consolidation process. of employment as set out in Chapters II and III of this Law.

Additional provision third. Participation in the process of Heads of Department, Service or Section with access to the category prior to the entry into force of the Order of the Ministry of Health and Consumer Affairs of 5 February 1985.

The fixed optional statutory staff holding the category of Head of Department, Service or Section for having directly accessed the category prior to the entry into force of the Order of the Ministry of Health and Consumption of 5 February 1985, may attend the provision phase provided for in Chapter III of this Law, in the call for specialist area specialists of the corresponding specialty, under the same conditions as these.

If they get square in such a phase they will be appointed optional area specialists, definitely losing the original category.

Additional provision fourth. Staff situation in expectation of destination that did not get square.

The statutory staff on a temporary basis or that other without prior involvement with the Health Institutions of the Social Security who were in the position of destination expectation and did not subsequently obtain a place in the the provision stage set out in Chapter III of this Law, shall be left on a voluntary basis, without requiring the provisions of Article 12 of the Staff Regulations, in Article 42 of the Staff Regulations of Health and Optional and Article 33 of the Staff Regulations of Non-Sanitary Personnel, in order to the need for One year to apply for re-entry.

Additional provision fifth. Development of the calls for selection and provision after the transfer of the National Institute of Health to the Autonomous Communities.

1. The calls for consolidation of employment by the National Institute of Health in its field, both in the selection and in the provision phase, shall be resolved in accordance with the procedure laid down in this Law, even if during its development of these activities will result in the transfer of this entity to those Autonomous Communities which are not yet to assume responsibility for health management.

2. In such a case, once the transfers have been carried out, and without prejudice to the powers of the Courts designated in each call, a Development and Monitoring Committee, designated by the Ministry of Health and Consumer Affairs, shall be set up. and in which the Autonomous Communities receiving the transfer of the National Institute of Health will be represented. This Commission shall be responsible for carrying out all the necessary formalities to ensure the continuity of the calls and their completion, the latter being the time to be dissolved.

Additional provision sixth. Computation of services provided as continuing care.

For the purposes of the computation of the services provided in Articles 6 and 9 of this Law, the staff of reinforcements in Primary Care and the optional Special Care with special appointment for the Continuous care-medical guards-will be recognized for a full month of services provided by calculating them according to the following rules:

a) One month, or the portion that corresponds proportionally, for every one hundred and ninety hours, or fraction, performed.

(b) If within a calendar month more than one hundred and ninety hours have been completed, only one month of the services provided may be valued, without the excess of hours carried out during that time being applied for the calculation of the services provided in the previous rule (a).

Additional provision seventh. Job consolidation for other healthcare professionals in the A titration group.

1. Applicants participating in the selection stage set out in Chapter II of this Law for those categories of staff or, where appropriate, specialties of the A-titration group, for whose performance it is not required to be in possession of the The title of specialist shall not be the subject of a calculation, in the assessment of accredited training, of the fact that he is in possession of the title of specialist referred to in Article 6 (3) (a), (b), (c) and (d) of this Law.

2. To the healthcare professionals of the qualification group A who provide their services, in categories regulated by the corresponding Staff Regulations, in Hospital Urgency Units, Admission Units and Clinical Documentation, or perform posts in functional research units or as a clinical psychologist or other similar characteristics, the selection and provision system set out in Chapters II and III of this Law may apply to them, and may participate in the the process of consolidation of employment in the existing categories at the date of publication of the respective calls.

Additional disposition octave. Closure of the provision phase in the categories and specialties of the A titration group.

1. Places not awarded or which are vacant after the provision stage referred to in Article 8 of this Law, and in order to put an end to the extraordinary procedure for the consolidation of employment, shall be reconvened from immediate, application for the provision of the system set out in Article 8.

2. If, as a result of the provision laid down in the preceding paragraph, there are still unawarded or vacant seats, the seats shall be covered centrally on the basis of the score obtained pursuant to paragraphs 1.2 and 1.3 of the Article 9 of this Law.

Additional provision ninth. Deadlines for the development of the processes established in this Law.

It is established, as a deadline for the execution of the processes that are derived from this Law, that of eighteen months from the publication of the corresponding call in the "Official Gazette of the State".

Additional provision 10th. Allocation of places after the transfer of the National Institute of Health to the Autonomous Communities.

In the event that the adjudications of the places resulting from the different processes referred to in this Law, take place after the transfer of the health care of the Institute National Health, shall be the responsibility of the Committee on Development and Monitoring referred to in the fifth additional provision, the specific allocation of the place, without prejudice to the taking of the holding by the relevant Community Autonomic.

Additional provision eleventh. Application of the Law to the Social Institute of the Navy.

This Law, with the exception of the provisions of the third additional provision, will apply to the selection and provision of health personnel of the Social Institute of the Navy in its field of application.

To this end, it is enabled to the Social Institute of the Navy to celebrate, for once and on the same dates as the National Institute of Health, the extraordinary calls for selective tests to obtain the status of fixed statutory staff in the existing categories and specialties immediately prior to the date of publication of the calls, as well as to establish an extraordinary process for the provision of places.

To these effects, the references made in the article of this Law to the National Institute of Health will be understood as references to the Social Institute of the Navy, as well as those that are made to the Ministry of Health and Consumer Affairs. understand the Ministry of Labour and Social Affairs.

Also, the references of this Law to the "optional area specialist" staff will be understood as "optional specialist staff", which will not be covered by the provisions of the additional provision second.

Additional disposition twelfth. Guarantees of the procedures.

The calls for the selection and provision procedures referred to in this Law, as well as their bases, the actions of the Courts and how many administrative acts are derived from them, may be challenged by the interested in the cases and in the manner provided for in a general manner in the regulatory rules of the administrative procedure and the administrative-administrative jurisdiction.

Additional disposition thirteenth. Computation of the services provided under the labour market.

Services provided with a fixed or temporary employment contract in the categories of staff covered by the Legal Staff Regulations of Medical Personnel, Non-Optional Health Personnel and Non-Sanitary Personnel at the service of The Sanitary Institutions of Social Security, shall have for the purposes of this Law the consideration of being made as a fixed or temporary statutory staff, in the respective category.

Additional disposition fourteenth. Services provided by Home Public Assistance staff.

The services provided to the Social Security, in the field of Primary Care, by the staff of Home Public Assistance, will be equivalent for the purposes of the scales provided for in this Law, both in the selection phase as in the provision, to those provided in the categories that correspond to them.

Additional provision 15th. Deadline for submitting applications.

For the purposes set out in this Law, in the field of the National Institute of Health, the deadline for the submission of applications for participation in the selection phase of the extraordinary process of Job consolidation shall be 15 working days.

First transient disposition. Optional staff who are in the process of obtaining the title of specialist doctor.

The staff will be optional who, at the date of entry into force of this Law, are in the process of obtaining the title of specialist doctor, in accordance with the exceptional procedure regulated by Royal Decree 1497/1999, 24 of September, and upon accreditation, may participate in the process of consolidation of employment of the respective specialty established in Chapter II of this Law. In the event that the applicants have passed the latter, the access to the situation of expectation of destination and, where appropriate, the obtaining of a place by means of their participation in the phase of provision regulated in Chapter III of this Law, only effects if the procedure has been resolved in advance and, where appropriate, the degree of specialist doctor established in Royal Decree 1497/1999 has been obtained.

Second transient disposition. Staff who are in the process of obtaining the title of specialist in Hospital Physical Radiophysics.

The staff who at the date of entry into force of this Law are in the process of obtaining the title of specialist in Hospital Radiophysics, as established in Royal Decree 220/1997 of 14 February, and in the Order of 12 June 1998 governing the transitional arrangements for access to the title, and upon accreditation, may take part in the process of consolidating the employment of the respective specialty laid down in Chapter II of this Regulation. This Law. In the event that the applicants have passed the latter, the access to the situation of expectation of destination and, where appropriate, the obtaining of a place by means of their participation in the phase of provision regulated in Chapter III of this Law, only have effects if the procedure has been resolved in advance and, where appropriate, the title of specialist doctor established in Royal Decree 220/1997 has been obtained.

Final disposition first. Regulatory development of the Act.

The State and the Autonomous Communities may, in the field of their respective competences, approve as many regulatory provisions as are necessary for the development and implementation of this Law.

Final disposition second. Application of Law 30/1999, of 5 October, of Selection and provision of places of statutory staff of the Health Services.

1. For the development and implementation of the provisions of this Law, Law 30/1999, of 5 October, of the Selection and provision of places of statutory staff of the Health Services, will apply with the following exceptions: Articles 5-a derogation from paragraph 8 which will continue to apply-6, 8, 10 and 11.

Also, with regulatory status, the Royal Decree-Law 1/1999 of 8 January, with the exception of Articles 12, 13, 14, 15, 16, 17, 29, 30, 31, 32, 33 and 34 will also apply.

2. This Law is temporary and, as a result, its validity will end after the exceptional procedure on which it is regulated has been completed.

Final disposition third. Absence of additional cost.

The application and development of this Law will not, in any case, result in increased costs.

Final disposition fourth. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 21 November 2001.

JOHN CARLOS R.

The President of the Government
in functions,

MARIANO RAJOY BREY