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AMENDMENT OF LAW NO. 19,882, IN THE FIELD OF THE EXCLUSIVE RESPONSIBILITY FOR POSTS OF DEPUTY DIRECTOR

Original Language Title: MODIFICA LA LEY Nº 19.882, EN MATERIA DE DEDICACIÓN EXCLUSIVA RESPECTO DE CARGOS DE SUBDIRECTOR MÉDICO

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Law NO 20.498 AMENDS LAW NO. 19,882, IN MATTERS OF EXCLUSIVE DEDICATION WITH RESPECT TO THE POSITIONS OF DEPUTY CHIEF MEDICAL OFFICER. Having regard to the following bill, the National Congress has given its approval to the following bill: " Article 1. Add in the sixth of the law Nº 19,882 the following second and third incissos, new, passing the current incisos second and third to be fourth and fifth, respectively: " Nevertheless, the charges of the Medical Subdirector of Health and Hospital Service, of the respective staff plants, as well as the managerial positions of the personnel plants that have assigned functions of medical subdirection in the health facilities of experimental nature created by the decrees with force of law No. 29, No. 30 and No. 31, of the Ministry of Health, all of 2000, will be able to be held in days of 33 hours a week, in accordance with the choice made by the selected applicant, which must be recorded in the respective act of appointment. The charges of Deputy Chief Medical Officer of Health and Hospital provided under this modality may be remunerated, interchangeably, under the regime of Decree Law No. 249, 1973, in the degree to which they are assigned in the said plant, or according to the rules of law No 19,664, in accordance with the option that the interested party manifests in the above-mentioned opportunity. The charges referred to in this paragraph shall not be applicable to the requirement to perform with exclusive dedication, nor shall the prohibitions and incompatibilities of Article 1 of Law No 19,863. Those who choose to serve a day of 33 hours a week will be entitled to receive their remuneration, including the professional assignment of article 3 of Decree Law No 479, 1974, when applicable, in proportion to this day. The provisions of this paragraph shall also apply to those who are in charge of the said charges under the ninth article of Law No. 19,882. In any event, the charges referred to in the foregoing paragraph shall be incompatible with the performance of management, management or similar tasks in the field of health. " Article 2.-Reposition article 4 of Law No. 20.261, which creates the national examination of medical knowledge, incorporates charges that indicate to the system of High Public Direction and modifies the law Nº19,664, for the following: " Article 4.- In the case of the posts of Director of Hospital or Health Service selected by the System of High Public Management, the maximum of twelve hours of teaching referred to in Article 8 of Law No. 19,863 may be used, indistinct or combined, to the performance of the clinical and care activity, informing the Director of the Service of the option and the distribution to be made of the respective hours, if any. In the cases of Hospital, Health Service, and experimental health facilities created by the decrees with the force of Law No. 29, No. 30 and No. 31, all of 2000, the Ministry of Health, will be able to make use of the faculty established in the previous paragraph, provided that they meet weekly hours of 44 hours with exclusive dedication. " Article 1.-The provisions of Articles 1 and 2 of this Law shall enter into force on the first day of the month following that of their publication in the Official Journal. Article 2.-Those who are serving a position referred to in Article 1 may exercise the options referred to in that provision within the thirty-day period, counted since the publication of this law. The foregoing shall also be applicable to those who are exercising the office under the ninth article of Law No. 19,882. The options to be adopted by the officials mentioned in the preceding paragraph in accordance with this law shall be entered in a judgment given by the appointing authority. However, those options shall have no effect on the duration of the charge or on the performance of the performance agreement which has been concluded with the Director of the Service. '; Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 25, 2011.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Jaime Manalich Muxi, Minister of Health.-Rodrigo Alvarez Zenteno, Minister of Finance (S). Transcribed for your knowledge law Nº 20.498.-Salutes intently to Ud., Maria Soledad Carvallo Holtz, Subecológé de Salud Pública (S). Constitutional Court Draft law amending Law No. 19,882, in matters of exclusive dedication with respect to the posts of Deputy Chief Medical Officer. (Bulletin No. 7140-11). The Secretariat of the Constitutional Court, who subscribes, certifies that the Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the control of constitutionality. In respect of the article 1 of the draft and by judgment of January 20, 2011 in the cars Rol Nº 1.895-11-CPR: It is declared: 1. That for not regulating matters that the Constitution determines as own of the constitutional organic law, this Magistrature shall issue a statement in respect of the new second subparagraph as Article 1 of the draft law referred to adds to the sixtieth sixth of Law No. 19,882; 2nd. That the article 1 of the bill submitted to the control of this Magistrature, in the part that adds a new third indent to the sixth article of Law No. 19,882, is not contrary to the Constitution. Santiago, January 20, 2011.-Marta de la Fuente Olguin, Secretaría.