Sanctions imposed on a doctor for non-compliance with his mandatory care period within the framework of a specialization scholarship are in accordance with the law.

The Court of Punta Arenas rejected the appeal for protection filed by a neurologist against the Magallanes Health Service, after he declared the inability of the actor to apply to be hired or appointed to any position in the State Administration for the period 6 years old.

In his libel, the appellant recounts that he was awarded a specialization scholarship in Neurology, for an extension of 3 years. This scholarship contemplated a 3-year training stage, which would be carried out at the Salvador Hospital in the city of Santiago, and a return stage, through a mandatory care period for a period of 6 years, to be carried out in the Clinical Hospital of Magallanes, located in the city of Punta Arenas. He adds that due to the osteoarthritis suffered by his spouse and the food allergy suffered by his little son, it was difficult for him to comply with the described return stage, since he had to constantly travel to Santiago to check the health status of the relatives of him. For this reason, he asked the Magallanes Health Service to allow him to carry out his mandatory care period in Santiago, to which he never received a response, until months later when he was told that his request had been rejected.

He indicates that after several requests of similar content presented before the health authority, he was informed by means of an Exempt Resolution, the decision to disqualify him from applying for any position within the State Administration for 6 years, in addition to asserting the guarantee of return and reject the request for change of Health Service. All this based on the specialization agreement for scholarships granted by the Ministry of Health, for not showing up to provide their services in the Magallanes Region.

See also  Do you want to learn English? Participate in this contest to obtain a scholarship

Due to this situation, he filed an appeal for protection, alleging the violation of the constitutional guarantees enshrined in article 19 No. 2, 3 and 24 of the Constitution. He accuses that in no case was an evidentiary term opened where he could provide some kind of background to justify the request made, and that the fine applied by the Health Service is much higher than it corresponds, which affects his assets.

In this regard, the Court, after analyzing the background of the case, considered it proven that the start of the appellant’s mandatory care period at the Hospital Clínico de Magallanes had been formalized, as well as the fact that he had not shown up to perform his duties.

To resolve the controversy, it refers to Law 19,664 and its respective regulations, contained in Supreme Decree 507 of 1991, which regulates the system of specialty scholarships for physicians, establishing the obligations of scholarship holders in terms of the mandatory care period and sanctions in case of non-compliance. Sanctions among which is the disqualification to apply for positions in the State Administration and the collection of the guarantee equivalent to the amount spent on their training with an increase of 50%.

For these considerations, it rules out that the Magallanes Health Service has incurred in an arbitrary and illegal act, since all the sanctions adopted were carried out within the framework of its legal powers and powers, being based on non-compliance with the requirements established by the legal regulation.

Based on the foregoing, it dismissed the appeal for protection filed by the neurologist against the Magallanes Health Service.

See also  Innovating and revolutionizing education is possible with Home is Cool

See judgment Court of Punta Arenas Role No. 3348-2022.

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.