Esta ley enmienda la Ley Núm. 140 de 23 de julio de 1974, conocida como la "Ley de Controversias y Estado Provisional de Derecho", para incluir las controversias entre profesionales de la salud u hospitales y pacientes, o entre partes con interés legítimo, con relación a la entrega de expedientes o récords médicos. El propósito es establecer un procedimiento legal rápido y eficiente para la adjudicación provisional de estas controversias.
| (No. 70) | |
|---|---|
| (Approved February 29, 2004) |
To add subsection
(o) to Section 2 of Act No. 140 of July 23, 1974, as amended, known as the "Controversies and Provisional Legal Status Act," to include controversies between health professionals or hospitals and patients, or between parties with legitimate interest, with regard to the delivery of medical files or records.
The purpose of Act No. 140 of July 23, 1974, as amended, better known as the "Controversies and Provisional Legal Status Act," is to establish a legal procedure that is rapid, less costly, and efficient for the provisional adjudication of certain controversies. It is based on providing an adequate legal mechanism to allow citizens to resort to the courts to obtain an immediate solution, overcoming the inconveniences of the classic procedures provided by ordinary laws that, although efficient in their final outcome, are costly, complicated and slow, and in most cases, lack prophylactic and mitigating effects during their processing.
As part of the daily relationships, differences sometimes arise between health professionals and their patients. Such differences, on occasion, cause the ending of the established professional relationship. As a result of the professional relationship, medical files are created or prepared which contain vital information for the health and life of the patient.
Occasionally, a medical file or record is created without the need of a
prior professional relationship upon a visit to an emergency room or hospital at the initiative of the person or a referral by a health professional.
We understand that in this type of professional relationship or situation, in which a medical file or record is prepared, the return or delivery thereof cannot be subject to any type of condition, therefore we understand that it must be included within the immediate procedure provided by Act No. 140.
Section 1.- Subsection
(o) is hereby added to Section 2 of Act No. 140 of July 23, 1974, as amended, to read as follows: "Section 2. The magistrates are hereby empowered to intervene, investigate, consider and decide controversies provisionally at the request of an interested party, according to the procedure provided in this Act.
This power comprises and embraces the following:
(a) . . .
(b) . . .
(c) . . .
(d) . . .
(e) . . .
(f) . . .
(g) . . .
(h) . . .
(i) . . .
(j) . . .
(k) . . .
(l) . . .
(m) . . .
(o) Controversies between health professionals or hospitals with their patients, or between parties with a legitimate interest, with regard to the delivery of patients medical files or records."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 70 (H.B. 1529) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add subsection
(o) to Section 2 of Act No. 140 of July 23, 1974, as amended, known as the "Controversies and Provisional Legal Status Act," to include controversies between health professionals or hospitals and patients, or between parties with legitimate interest, with regard to the delivery of medical files or records, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $17^{ ext {th }}$ of June of 2005.
Luis E. Fusté-Lacourt Director