P.R. Laws tit. 20, § 132
As this act becomes effective, the Governor of Puerto Rico, through and with the consent of the Senate of Puerto Rico, shall appoint a Medical Discipline and Licensure Board, to be attached to the Department of Health.
The Secretary of Health shall chair the Nominations Committee, which shall recommend to the Governor the eligibility roster of candidates who are suited to belong to the aforementioned Board, being it understood that such a recommendation does not constrain the Governor’s prerogative to select any other candidate. The Committee shall be constituted by one (1) representative of the citizenry other than a public official, and at least one (1) representative from the following: former secretaries of health, former presidents of professional organizations related with the medical profession, former deans of schools of medicine, and former deans of schools of law. Under no circumstance may the Nominations Committee be composed of more than nine (9) members.
The Chair of the Board shall submit the candidate for Executive Director of the Board for the approval of the Secretary of Health. The Department of Health shall oversee and conduct audits on matters relative to finances and human resources. The Board shall establish priorities for each budgetary year.
The Board shall render an annual report of the works completed to the Secretary and to the Governor not later than February 1 of the following year, and submit a copy thereof to the Legislature.
The Department of Health shall be responsible for ascertaining compliance with the public policy that establishes that the Government is the one with the power to license and discipline medical professionals.
The Board shall be composed of nine (9) members. At first, the members of the Board shall be appointed as follows: five (5) members for a five (5) -year term and four for a four (4) -year term. Current officeholders shall continue to hold office until the Governor appoints the new officeholders so as to preserve the staggered appointment system provided herein. Of the Board members, not more than half (½) shall be residents of the Metropolitan area.
Board members shall be of legal age, citizens of the United States of America, and permanent residents of Puerto Rico. Furthermore, they shall hold a degree as Doctor in Medicine and a regular license issued by the Medical Discipline and Licensure Board to practice their profession in Puerto Rico, and they shall have engaged in the active practice of their profession in the Commonwealth of Puerto Rico for at least seven (7) years prior to their appointment. At least one Board member shall have engaged for five (5) or more years in teaching any of the medical fields on a full-time basis at a school of medicine accredited by a recognized accreditation entity, the latter to be composed of representatives of the pertinent accreditation Board (the Council on Higher Education and the Accreditation Council for Graduate Medical Education, the latter to be composed of representatives of the American Medical Association and the Association of American Medical Colleges).
No member of the Board may be appointed for more than two (2) consecutive terms. Once appointed, no member of the Board may be a stockholder or belong to any Board of Trustees or of Directors, or be an executive officer of an enterprise engaged in health care services, insurance, pharmaceutical industry, coordinated care, or a university, college or school of medicine.
Board members shall meet the following requirements:
(1) Before being inducted into office, they shall be sworn in and state under oath or assert that they are qualified to serve under the applicable statutes.
(2) Before being inducted into office, they shall be required to sign a sworn statement attesting that they shall not be involved in conflicts of interest as part of their actions as Board members. No member of the Board, acting in such a capacity or as a member of a committee created pursuant to this chapter, shall participate in the decision-making process or take any action that affects his/her own interests, whether personal, professional or financial, and/or those of a relative and/or professional colleague and/or business associate.
(3) The Board shall conduct and all new members shall receive training designed to acquaint them with their new responsibilities. It is hereby required that, within the training courses to be imparted on new members, courses relative to the ethical obligations of their office be designed. Failure to comply with these requirements shall constitute grounds for removal.
Vacancies that arise in the Board for reasons other than the expiration of the term established by law shall be covered until expiration of the appointment of the persons thus replaced, pursuant to the procedure established in this section. Board members shall hold office until their successors are appointed and take office.
The Governor of Puerto Rico may remove a member of the Board for reason of negligence in the discharge of his/her functions, ineffectiveness, incompetence, gross negligence in the practice of his/her profession, conflicts of interest or violation of the code of ethics of the profession and/or of the Board itself, conviction for a felony, or suspension, cancellation or revocation of his/her license, or for any justified cause after being notified.
History —Aug. 1, 2008, No. 139, § 3, eff. Jan 1, 2009.