2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 6 - Medical Discipline and Licensure Board Act (§§ 131 — 135j) › Subchapter I - General Provisions (§ 131) › § 131 - Definitions

The following terms shall have the meaning stated below when used or referred to in this chapter:
(a) Hopeful, candidate or applicant.— A person who meets the requirements established in this chapter and applies to the Medical Discipline and Licensure Board to obtain authorization to take the licensure examination or procures before the Board the issue of a provisional or permanent license, as the case may be, to practice the medical profession in Puerto Rico.
(b) Conflicts of interest.— Conflicts of interest presuppose an incompatibility, whether real or apparent, between the private interests of a person and the fiduciary duties corresponding to his/her position. A person has a conflict of interest when he or she exploits his/her position for personal gain or to benefit his/her associates. Conflicts of interest can also be understood, from another standpoint, as a situation whereby the private interests of a person are irreconcilable with the common good that such a person should safeguard in the discharge of his/her duties. There is a conflict of interest when all interests involved in a certain situation cannot be achieved simultaneously. In order to achieve his/her personal or financial interests, the moral subject violates a norm, breaches a contract, breaks a promise or disregards any other professional responsibility.
(c) Executive Director.— A person appointed by the Chair of the Board and approved by the Secretary of Health, and who shall answer directly to the President. The Executive Director shall supervise areas such as human resources, finances, budget and general services; be responsible for the safekeeping of physicians’ records and guarantee confidentiality in the handling thereof; be responsible for billing and collecting on services rendered by the Board and/or discharge any other responsibility assigned by the Board.
(d) Specialist.— A person who, in addition to being the holder of a license issued by the Medical Discipline and Licensure Board to practice as a physician, applies for and obtains a certification as a specialist on those fields of medicine recognized as medical specialties by the American Board of Medical Specialties.
(e) Medical Discipline and Licensure Board.— The Board, as created by this chapter.
(f) License.— A document issued to all applicants that have met the requirements imposed by law and by virtue of which they are authorized to practice a specific profession.
(g) Physician.— A person that applies for and is authorized to practice medicine and surgery in Puerto Rico after having obtained a license issued by the Medical Discipline and Licensure Board, pursuant to the provisions of this chapter.
(h) Gross negligence.— A negligent act or omission that shows reckless disregard for meeting the medical standards of care that govern the standard precautions required for the medical care of a patient and that causes harm to the patient. This definition does not refer to mere negligence, but rather to wanton or reckless disregard for the consequences of the act or omission in dispute. This definition includes, but is not limited to, acts or omissions in which a healthcare professional may engage that causes harm and are the result of practicing under the influence of intoxicating beverages, narcotic drugs, and/or any other substance that impairs the mental or physical capacity of the healthcare professional in question.
(i) Osteopathy.— A form of integrative medical practice, based on the principle that health depends on maintaining an adequate balance in the way the various parts of the body relate.
(j) Medical practice.— Means:
(1) Advertising, sustain before the public or otherwise make representations so as to imply that a person is authorized to practice medicine in the jurisdiction.
(2) Offering, guaranteeing or engaging in the prevention, diagnosis, correction and/or treatment, and rehabilitation in any way and by any means, method or equipment, of any disease, condition, pain, fracture, weakness, defect, mental condition or physical anomaly of any person.
(3) Offering, guaranteeing or conducting any kind of surgical intervention on any person.
(4) Interpreting the medical need of a determination in a decision which affects the diagnosis and/or treatment of a patient.
(k) Health.— A state of complete physical, mental and social well-being, and not only the absence of afflictions or disease.
(l) Secretary.— Means the Secretary of Health of the Commonwealth of Puerto Rico.
(m) Secretary of the Board.— A member of the Board chosen by his/her fellow members to serve for a two (2) -year term.
History —Aug. 1, 2008, No. 139, § 2, eff. Jan 1, 2009; Apr. 8, 2011, No. 57, § 1.