P.R. Laws tit. 20, § 135b
In order to obtain the reports rendered and the investigations conducted by other entities, the Board must establish procedures that are consistent with the following:
(a) Any person shall be allowed to give notice to the Board in the manner prescribed thereby, concerning any information known in connection with a reasonable belief that indicates that a licensee in medicine is or could be medically incompetent, at fault for unprofessional conduct, or physically or mentally unfit to practice medicine safely.
(b) The following shall be under the obligation to report promptly and in writing to the Board, any information that indicates that a licensee is or could be medically incompetent, at fault for unprofessional conduct, or mentally and physically unfit to practice medicine safely, as well as any limiting restriction, loss, or denial of license or membership privileges, which include the care of patients:
(1) All physicians holding a license under this chapter.
(2) All health care service providers.
(3) Medical associations of Puerto Rico and their components.
(4) All hospitals and/or other health care organizations in Puerto Rico, including hospitals, medical centers, health management organizations, outpatient surgery centers, clinics, clusters, etc.
(5) All agencies of the Commonwealth of Puerto Rico.
(6) All agencies of the Commonwealth of Puerto Rico concerned with safety.
(7) All the courts of the Commonwealth of Puerto Rico.
(8) All reviewing entities of the Commonwealth of Puerto Rico.
(9) The directors of Training Programs in Medical Education.
(c) The Board shall provide any organization or licensee with a procedure to fulfill the obligation of giving prompt notice to said entity as pertains to any voluntary relinquishment of a medical license by the licensee or to a voluntary limitation of privileges in the organization, if the action takes place while the licensee is under formal or informal investigation by the organization or by a committee, for any reason in connection with instances of possible incompetence, unprofessional conduct, or physical or mental unfitness.
(d) In cases of malpractice, insuring companies and licensees thus affected shall complete before the Board a report of the final judgment, agreement or reward of an insured licensee. Licensees not covered by malpractice insurance shall provide information to the Board concerning this situation. All these reports shall be promptly filed with the Board within a term not to exceed thirty (30) days.
(e) The Board shall have authority to investigate any evidence that appears to sustain that a licensee is incompetent, at fault for unprofessional conduct, or mentally or physically unfit to safely resume the practice of medicine.
(f) Any person, institution, agency, or organization required to report under the provisions of this chapter and/or the regulations thereunder, which offers information in good faith, shall not be prosecutable for civil or criminal damages.
(g) Failure to comply with provisions on reporting established in this section shall entail a penalty of five thousand dollars ($5,000) for each instance.
History —Aug. 1, 2008, No. 139, § 33, eff. Jan 1, 2009.