P.R. Laws tit. 20, § 73n
Surgeons shall be entitled to object [to] the use of their fees and contributions for ideological activities. To that end, the Association shall establish in its bylaws an impartial, simple, expeditious procedure that complies with the constitutional standards applicable to receive, consider and resolve any objection presented by the associates pursuant to this section.
To such effect, said bylaws shall have to provide, at the very least:
(a) Not later than the date set in the bylaws to collect the next annual fee, after its members have expressed themselves, these shall design a method to ensure that the contributions of a dissident associate will not be used for ideological purposes.
(b) The method shall demand all objections of such a nature to be affirmatively stated on the date the payment of the fee is due. The absence of a timely objection shall be construed to be an authorization for the Association to use the contributions for that year of the Association, pursuant to its general budget.
(c) The method shall include the selection by the associates of a Board composed of physicians of renowned prestige that, among other functions it might be assigned, passes judgment, subject to the power to review of this Examining Board, on the classification of the Association’s activities, the proportion between regular activities and those of an ideological nature, the validity of the objections that might be brought by an associate in relation to certain activities and on any other controversy that arises regarding the remedy to be provided for and its application.
(d) The method must attempt to attain the due balance between the right to free expression of dissident members and the essential need for Puerto Rico to keep a Surgeons Association that is vigorous, faithful to its tradition and historical functions, and in sound financial shape.
(e) The method shall not allow for violations by any associate of §§ 73—73o of this title, known as the “Puerto Rico Surgeons Association” or other provisions of law referring to the organization and operation of the Surgeons Association. Any associate, whether or not he or she dissents rightfully about the use of his/her contributions or part thereof for ideological purposes, shall make the contributions ordered by law on the dates required. Such payment shall not affect in any way his/her right to the remedy to be established pursuant to the bylaws that [are] promulgated to that respect.
(f) While the remedy to which we have referred is being structured, the associates, whether with or without objections, shall pay the Association’s fee within thirty days as of the date of receipt of the invoice. Failure to do so will entail their suspension from the practice of medicine in Puerto Rico from the date of expiration of such term up to the moment in which they satisfy said debts.
(g) Furthermore, in attention to the right of objectors to express themselves, the Surgeons Association shall, while the remedy is being structured through the bylaws, deposit into a separate account an amount equal to the proportion existing between the sums destined to ideological purposes, as per the term [sic] is estimated temporally by its Board, and the total expenses of the Association. To said sum, another equal sum shall be added, which shall originate from the contributions made pursuant to the law by the non-objecting members, and the resulting amount deposited shall be used exclusively for the regular purposes of the Association. This shall prevent a situation whereby the parties against whom complaints are brought are demanded to contribute disproportionately to the regular expenses of the Association.
History —Aug. 13, 1994, No. 77, added as § 12 on July 13, 2001, No. 56, § 9.