Medical Ethics Tribunal: Regulations and Procedures
Part III. Control and Discipline System
Chapter I. Federation of Medical and Ethical-Professional Court
ARTICLE 62. The Colombian Medical Federation is recognized as an advisory and consultative institution of the National Government.
ARTICLE 63. The National Medical Ethics Tribunal is created, based in the capital of the Republic, with authority to hear ethical and professional disciplinary proceedings related to the practice of medicine in Colombia.
ARTICLE 64. The National Medical Ethics Tribunal shall comprise five medical practitioners appointed by the Ministry of Health from a list of ten candidates. Four shall be nominated by the Colombian Medical Federation, three by the National Academy of Medicine, and three by legally approved medical schools.
ARTICLE 65. To become a member of the National Medical Ethics Tribunal requires:
- a) Recognized moral and professional qualifications.
- b) Practiced medicine for at least fifteen years or held a university professorship in a legally recognized medical school for at least five years.
ARTICLE 66. Members of the National Medical Ethics Tribunal shall be appointed for a period of two years, may be reelected, and will take up their positions before the Minister of Health.
ARTICLE 67. In each Department, Quartermaster, and Commissary, there will be a Court-Branch of Professional Ethics.
ARTICLE 68. The Section of Medical Ethics Tribunal shall consist of five medical professionals, elected by the National Medical Ethics Tribunal, chosen from lists submitted by the relevant Medical Colleges. The number in each case shall not be less than ten professionals, except when this issue does not occur in their respective territories.
ARTICLE 69. To become a member of the Court Section of Medical Ethics requires:
- a) Recognized moral and professional qualifications.
- b) Practiced medicine for at least ten years, or held a university professorship in a legally recognized medical school for at least five years.
ARTICLE 70. Members of the Medical Ethics Sectional Courts are appointed for a period of two years, renewable, and take up their positions before the political authority or those delegated to do so.
ARTICLE 71. Members of the National and Sectional Professional Ethics Courts should, if possible, represent different medical specialties.
ARTICLE 72. The National Medical Ethics Tribunal sends the names of its members to the Ministry of Health, so that, if deemed appropriate, it may express its opposition to the appointment of any member under consideration. The appointment shall be deemed perfected and considered firm when thirty working days have passed from the date of receipt of the consultation by the ministry, and it has not acted on the matter.
ARTICLE 73. Ethical-Professional Courts, in the exercise of the powers conferred upon them by this law, serve a public function, but its members do not acquire the character of public officials by the mere fact of being members.
Chapter II. Business Ethics Disciplinary Process
ARTICLE 74. The ethical and professional disciplinary proceedings will be instituted:
- a) Automatically, when any member of the Tribunal has allegedly violated the rules of this law.
- b) At the request of a public or private entity or any person.
In any case, at least one summary evidence of the act to be considered at odds with medical ethics must be submitted.
ARTICLE 76. If, in the opinion of the Chief Justice or the professional instructor, the report suggests a violation of criminal, civil, or administrative rules, the facts are brought to the attention of the competent authority simultaneously with the investigation of the disciplinary process.
ARTICLE 78. When the nature of the case requires, the instructor may ask the Court for an extension of the period allowed for filing the report of findings. In such cases, the extension shall not exceed fifteen days.
ARTICLE 79. After the report of findings is presented, the full Court will review it within fifteen working days after the date of filing the claim. If deemed appropriate, they may request an extension of term for informational purposes, which in no case shall exceed fifteen days.
ARTICLE 80. After studying and evaluating the report of findings, the Court will take one of the following decisions:
- a) To declare that there are no grounds to bring charges of violation of medical ethics against the accused professional.
- b) To declare that there are grounds to bring charges of violation of medical ethics. In this case, the accused professional shall be informed in writing, clearly stating the alleged acts and setting a date and time for the Court to hear rebuttals.
ARTICLE 81. After practicing due diligence, the court may request an extension of information, establishing a period not exceeding fifteen working days, or rule substantively within the same term, at a meeting other than those made to listen to the disclaimer.
ARTICLE 82. In matters not covered by this Act, the relevant rules of the Code of Criminal Procedure shall apply.