LAW NO. 20,909 CREATES AN ASSIGNMENT THAT ENCOURAGES THE EXCLUSIVE DEDICATION OF HEALTH CARE PROFESSIONALS WHO INDICATES Having present that the National Congress has given its approval to the following Bill: " Article 1 °.-Establish an assignment to encourage the performance with exclusive dedication, for the officials of the plant of professionals and to contracts assimilated to it of the health services mentioned in article 16 of the decree with force Law No. 1, 2005, of the Ministry of Health, and for personnel belonging to the plant career managers of those services having a professional title, hereinafter referred to as "the assignment". Such officials shall be entitled to this allowance provided that they are governed by the decree with force of law No. 29, 2004, of the Ministry of Finance, which fixed the recast, coordinated and systematized text of Law No 18,834, on Statute Administrative, and by decree law No. 249, 1973, which sets the Single Scale of Wages for staff who point out, and which, moreover, comply with the requirements laid down in Article 3 of this law. Article 2 °.-The amount of the allowance shall be $59,390.-monthly gross and shall be readjusted in accordance with the general remuneration adjustments to be granted to public sector workers. The assignment will be paid monthly, will have the character of taxable and taxable, will not serve as basis of calculation of any other remuneration and will be incompatible with the assignments of the articles sixty-fifth and septutieth third of the law Nº 19,882, and the one established in the sole article of decree law No. 1,166, of 1975, of the Ministry of Finance. This allocation shall be granted in accordance with Articles 4 and 5. Article 3.-Officials referred to in Article 1 shall be entitled to receive the allowance, provided that they meet the following requirements: (a) Have an ordinary working day of forty-four hours per week. (b) Contar with an age of at least four continuous years in the plant of professionals or assimilated to it or at the plant of career managers in the respective health service, at 31 December of the previous year in which the payment of the allocation for the corresponding calendar year, fulfilling professional duties or professional directives. The age required may not be cumulable between different health services. (c) to be qualified as No 1, of Distinction, to the date of subscription of the exclusive dedication agreement referred to in Article 4 ° and during the perception of the assignment. d) Not having been subject to any of the disciplinary measures set out in article 121 of the decree with force of law No. 29, 2004, of the Ministry of Finance, which fixed the recast, coordinated and systematized text of Law Nº 18,834, on Administrative Statute, in the two years prior to the payment of the allocation. (e) Not having made use of unpaid leave for at least thirty continuous days or sixty days discontinuous in the year immediately preceding the perception of the allowance. f) Do not find themselves making use of the compatibility with the quality of contracts provided for in Article 87 (d) of the decree with force of law Nº29, 2004, of the Ministry of Finance, which fixed the recast, coordinated and systematized text of the Law No 18,834 on Administrative Staff Regulations, unless this compatibility has been authorised for the first time in the period from 1 January 2013 to 31 December 2014. (g) To engage exclusively in the health service by subscribing to the convention referred to in Article 4. In addition to the provisions of the above, the staff belonging to the plant of career managers must be in possession of a professional title of a career of at least eight semesters of duration awarded by a university or professional institute of the State or recognized by it, or of those recognized, revalidated or validated in Chile in accordance with the legislation in force. Article 4 °.-To access the assignment, the official must request it for the respective calendar year, certifying compliance with the requirements set forth in this law before the director of the corresponding health service. The director must sign an agreement with the official through which the latter undertakes to perform the duties with exclusive dedication in the respective health service. For the purposes of the first subparagraph, the calendar year shall mean the 12-month period ending on 31 December of each year. Officials who have signed the convention referred to in the second subparagraph shall be subject to the following prohibitions and inabilities: (a) They shall not be free to exercise their profession and shall be prevented from obtaining income by companies of professionals who are engaged in the provision of professional services or advice, whether they are perceived as a partner or the fact that they provide services to them. (b) They may not hold managerial, executive, and administrative positions in entities that pursue profit, as long as they relate to their profession. These prohibitions and inskills are exempted from the exercise of rights of the official or who refer to the administration of their assets and to the development of economic activities not related to their profession. Likewise, the income generated by teaching as provided for in Article 87 (a) of the decree with force of law Nº29, 2004, of the Ministry of Finance, which fixed the consolidated, coordinated and systematized text of the law, is excepted. Nº 18.834, on Administrative Staff Regulations. A regulation dictated by the Ministry of Health, which will also be signed by the Minister of Finance, within the ninety-day period from the date of publication of this law, will determine the procedure and opportunity to request the assignment to the director of the respective health service, the way to prove the fulfilment of the requirements, the necessary rules for the elaboration and subscription of the exclusive dedication agreements and the deadlines for this, the mechanisms for monitoring compliance with the conventions, the transitional rules for the implementation of the allocation and any other standard necessary for the proper fulfilment of the exclusive dedication and payment of the allocation set out in this law. Article 5.-Officials meeting the requirements laid down in Article 3 shall be entitled to the allocation for the calendar year indicating the respective convention referred to in the preceding Article. If the official voluntarily waives the allocation before completing the calendar year, he/she shall return the entire amount of the allowance for this allocation during that period. The amount will be adjusted in accordance with the variation in the Consumer Price Index, determined by the National Statistics Institute or the institution that replaces it, between the month prior to the month in which it was collected and the which precedes its refund. Article 6.-The Assistant Secretary of Assistant Networks will establish a control system to verify compliance with exclusive dedication agreements by health service officials who receive the assignment of this law. Within the framework of the control system, the directors of the health services shall establish the internal mechanisms that permit the appropriate compliance with the aforementioned conventions. In addition, they will have to provide the Assistant Secretary of Assistant Networks with a payroll with the individualization of the officials receiving the assignment, at the periodicity established by the regulation. Likewise, at the request of the Assistant Secretary for Assistant Networks, the Internal Revenue Service shall provide the necessary information to verify compliance by the officials of the exclusive dedication agreement and for the purposes of Article 4 °. To this end, the Secretariat shall forward to it the individualization of the officials receiving the assignment at least once a year. If, as a result of the application of the control system, the official's failure to comply with the agreement is verified, the director of the health service shall order the return of the entire amount received by way of the assignment. during the respective calendar year. This amount will be adjusted in accordance with the variation in the Consumer Price Index, determined by the National Statistics Institute or the institution that replaces it, between the month prior to the month in which it was collected and the which precedes its refund. In addition, that official must pay a fine equivalent to three times the allowance received and may not apply again within the following five years. TRANSITIONAL PROVISIONS Article 1.-For the first five months, numbered from the first day of the month following that of the publication of this law, the allocation of Article 1 ° shall have a transitional regime which shall be governed by the following: Rules: (a) The officials referred to in Article 1 shall be paid to comply with the following requirements: Have an ordinary working day of forty-four, thirty-three or twenty-two hours a week. ii. Be qualified in list No. 1, of Distinction, or list No. 2, Good, the first day of the month following the date of publication of this law and during the perception of the assignment. iii. To be hired on July 26, 2013 in the respective health service and to be in function at the date of payment of the same gnation. (b) For a working day of forty-four hours per week, the total amount of the allowance shall be that set out in Article 2 of this Law. If the day is lower, it shall be calculated in proportion. (c) The provisions of Articles 3, 4, 5 and 6 of this Law shall not apply to it. For the sixth month, counted from the first day of the month following the date of publication of this law, the allocation shall be governed by the permanent articles and the provisions of the respective regulations. In this way, the first year of application of the permanent rules of the allocation shall be paid for the period from the sixth month to 31 December of the same year. Article 2.-They shall have the right to the assignment established in this law, in the same terms as it points out, the officials who, at the date of publication of this law, serve as holders of the posts established in the number 1.5 of the Article 1 of the decrees with force of law N ° s9 to 37, 2008, of the Ministry of Health, and comply with the following copulative requirements: a) Perciban the assignment of article 3 ° of decree law N ° 479, of 1974. b) They are governed by the decree with force of law Nº29, 2004, of the Ministry of Finance, which fixed the recast, coordinated and systematized text of law Nº 18,834, on Administrative Statute, and by decree law No. 249, 1973. c) Cumplan with the other requirements laid down by law. The officials of this Article shall not be subject to the provisions of the final paragraph of Article 3 of this Law. Article 3.-The resolutions that are issued to grant the allocation laid down in Article 1 °, with respect to the professionals of the Health Facilities of Experimental Nature, created by the decrees with force of law Nos 29, 30 and 31, 2000, of the Ministry of Health, and governed by Scale B) contained in the Triministerial Resolutions Nos. 20, 21 and 26, 2004, of the Ministry of Health, which set their remuneration systems, will govern from the vigencies that the Ministry of Health the first transitional article of this law. To the officials referred to above who sign the agreements to receive the allowance, the provisions of the fourth, fifth and sixth points of Article 4 (4), the second indent of Article 5 (5) and Article 6 (6) of this Law shall apply to them. Article 4.-The greatest tax expense that the application of this law represents during its first financial year will be financed from the resources provided by the budgets of the respective health services or institutions referred to in the transitional third article, as appropriate. However, the Ministry of Finance, under the budget heading of the Treasury, may supplement this budget in the portion of the expenditure that cannot be financed from these resources. In the following years, the funding will be made from the resources that the Public Sector Budget law assigns for these purposes. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, April 4, 2016.-MICHELLE BACHELET, President of the Republic.-Carmen Castillo Taucher, Minister of Health.-Rodrigo Valdés Pulido, Minister of Finance. Transcribed for his knowledge Law No. 20,909 of 04-04-2016.-Salutes intently to Ud., Jaime Burrows Oyarzun, Undersecretary of Health.