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 IV - Discipline (§§ 134 — 134d) › § 134 - Disciplinary actions

(a) The Board or the Secretary of Health, motu proprio or by virtue of a duly grounded complaint or denunciation by any natural or juridical person, may at any time request that the Department of Justice investigate the identity of any person who purports to be, advertises as or poses as a physician or osteopath or as a specialist in any branch of medicine. If the complaint or denunciation should arise from the Secretary of Health, the same shall be immediately communicated to the Board. If the investigation should reveal that the denounced party does not hold a license to practice, upon conviction, shall have the penalties established in this chapter imposed on him/her.
(b) The Board shall be empowered to deny a license to practice the profession of physician or osteopath to any person who:
(1) Tries to obtain a license by fraud or deceit;
(2) does not meet the requirements established in this chapter;
(3) has been found to be mentally unfit by a competent court;
(4) has a psychoactive substance (drugs, alcohol or medications) dependency, which in turn alters his/her mental competence, his/her better judgment and his/her impulse control;
(5) has been convicted of a felony or a misdemeanor which implies moral turpitude. The Board may deny a license under this subsection when it is able to show that the crime committed is substantially related to the qualifications, functions, and duties of the profession regulated under this chapter, or
(6) has been convicted of illegally practicing any profession regulated by law in Puerto Rico or in any other jurisdiction.
(c) The Board may suspend the license of any physician or osteopath who do[es] not submit the information required for the register every three years, for the term it deems convenient, contingent upon the facts involved in each case; Provided, That once the person meets the requirement of submitting such information, his/her license shall be activated by the Board.
(d) The Board may suspend the license of physicians who do not files [sic] the financial liability attestation required under § 4105 of Title 26. The Board shall reinstate such license as soon as the physician files the financial liability attestation. Physicians who work exclusively for the Government of Puerto Rico are hereby exempted from the provisions of this section.
(e) The Board may suspend, cancel, or revoke a license, censure, reprimand or place a physician or an osteopath on a probation period as pertains to the exercise of his/her profession for a specific term, and the probation conditions which best suit the protection of the public health, safety, and as believed to be most adequate for the rehabilitation of the physician or osteopath on probation, with the previous notice of the charges and the holding of an administrative hearing whereby the physician or osteopath thus affected is guaranteed due process of law, on the following grounds:
(1) For having been convicted for illegally practicing any profession regulated by law in Puerto Rico.
(2) For having been convicted of a felony or misdemeanor which implies moral turpitude by any Part of the Court of First Instance or by the Federal District Court for the District of Puerto Rico, or by any other court of the Federal Judicial System or of any state of the United States of America, or of any jurisdiction that has observed due process of law.
(3) For having been found mentally unfit by any Part of the Court of First Instance or by the Federal District Court for the District of Puerto Rico, or by any other court of the Federal Judicial System or of any state of the United States of America, or of any jurisdiction that has observed due process of law.
(4) For advertising or practicing as a specialist in any of the branches of medicine without being duly certified as such by the Medical Discipline and Licensure Board.
(5) For having a controlled substance (drugs, alcohol, or medications) dependency, which in turn alters his/her mental competence, his/her better judgment, and his/her impulse control.
(6) For negotiating or offering for sale, a license for the practice of any profession regulated by law in Puerto Rico.
(7) For giving any false testimony for the benefit of a person who hopes to take the licensure examination before the Board or before any Examining Board in Puerto Rico, or during an investigation of complaints lodged before the Examining Board or before any such entities for violations of the provisions of the laws or the regulations in effect; for submitting false information or for omitting essential information, without providing a reasonable justification for the omission of information in connection with any document, application, petition or report submitted to the Board.
(8) For altering or counterfeiting or for submitting false or inaccurate information in connection with any document or material with the malicious intent to deceive the members of the Board or of any Examining Board while discharging their functions as such.
(9) For having been convicted of fraud, deceit or misrepresentation when obtaining a license to practice any profession regulated by law in Puerto Rico or in any state of the United States of America or its territories, or in any other jurisdiction which [has] observed due process of law.
(10) For having his/her license to prescribe and administer controlled substances permanently suspended.
(11) For engaging in medical practices when his/her ability is impaired due to the use of alcohol, drugs, or controlled substances, or due to a physical or mental disability.
(12) For refusing to disclose and explain in detail before the Board, a method, procedure, treatment, or operation which is not generally recognized by medical sciences when the Board so requires as a consequence of the physician’s offering, acceptance or agreement to heal by means of such methods, procedures, treatments or operations.
(13) For having been sanctioned by any Examining Board in any state of the United States of America or its territories, or in any other jurisdiction which has observed due process of law, for actions substantially similar to those that could entail disciplinary sanctions by the Medical Discipline and Licensure Board under the provisions of this chapter.
(14) For demonstrating manifest incompetence in the practice of the profession or for incurring unprofessional conduct.
(f) For the purposes of this subsection, the term “unprofessional conduct” means the following:
(1) Violating the rules and regulations adopted hereunder by the Board to regulate the practice of medicine in Puerto Rico.
(2) Disclosing data that identifies a patient, when said data is obtained in the course of the patient-physician relationship, without the prior authorization of the patient, except when such data are a necessary or pertinent part of the allegations of a physician in response to an action brought against the physician whereby damages are claimed on the grounds of malpractice and except when required or authorized under the law.
(3) Conducting medical procedures for which the physician has not been authorized or his/her capability has not been recognized by the Board.
(4) Unconditionally guaranteeing patients that they will be healed by the physician’s medical services.
(5) Advertising the professional practice of medicine or osteopathy by employing false or misleading methods.
(6) Preparing, prescribing, distributing or advising the use of controlled substances to lose weight, to improve performance in sports, or for purposes other than those therapeutically accepted.
(7) Soliciting or receiving, whether directly or indirectly, fees, compensation, refunds or commissions for professional services not rendered. Employing abusive collection practices.
(8) Causing the personnel under the physician’s direction and supervision, whether by action or by omission, to incur illegal acts or to engage in medical practices or acts disallowed under this chapter or of any others which regulate health professions and services.
(9) Hiring or delegating unto unauthorized persons, or aiding and abetting unauthorized persons in performing tasks which, pursuant to this chapter, may only be legally conducted by persons authorized to practice medicine or osteopathy in Puerto Rico.
(10) Harassing, abusing or intimidating patients.
(11) Withdrawing services from a patient without notice by the physician of his/her intention to the former within a reasonable and prudent term in advance so that the patient thus affected may be able to seek services from another physician.
(12) Denying or barring access to a patient to his/her medical record when so requested by the patient or by his/her parent, guardian or person in charge of his/her care, when such a record is under the control or possession of the physician. Exception from the foregoing is made for cases covered under the Puerto Rico Mental Health Act, §§ 6152 et seq. of Title 24, and the regulations thereunder.
(13) Failing to inform the Board as pertains to any action against the physician by any jurisdiction that issues licenses or by any reviewing entity, by any health institution, by any medical society or association, by any government agency, by any security agency, or by any court, for acts or conduct similar to the acts or conduct that would constitute grounds for an action defined under this section.
(14) Failing to notify the Board as pertains to the relinquishment of a license or other authorization to practice medicine in any state or jurisdiction, or to the resignation from a medical team or from any professional medical association or society, when the physician is under investigation by any of the authorities or entities for acts or conduct similar to acts or conduct which would constitute grounds for an action as defined under this section.
(15) Failing to notify the Board as pertains to any ruling, reward or transaction against the license as a result of a malpractice case relative to acts or conduct similar to acts or conduct which would constitute grounds for an action as defined under this section.
(16) Failing to surrender the pertinent and necessary medical records to another physician or a patient within an adequate time lapse when the physician has been legally requested by the patient or by the legal representative designated by the patient.
(17) Engaging in an inappropriate management of medical records, including the failure to keep complete medical records that are updated, legible and appropriate, and which are compliant with HIPPAA standards.
(18) Failing to furnish to the Board, or its representatives or investigators, any information legally required by the Board.
(19) Failing to cooperate with a legal investigation conducted by the Board.
(20) Offering false, fraudulent or misleading testimony as a medical professional when acting as an expert witness.
(g) The Board may summarily suspend a license when one of the reasons established under this section for canceling or revoking a license exists and when the damages caused and which might be further caused are of such import that would warrant such an action. If this should be the case, the affected party shall be granted a hearing within fifteen (15) days immediately following the date of effectiveness of the summary suspension of the license with the guarantees of due process of law.
(h) The procedure to be followed when suspending, revoking or canceling a license, or when fixing a probation period for a physician or osteopath for a specific time lapse, shall be established by regulation to be adopted by the Board to that effect.
(i) The Board, in addition to any other disciplinary measure it deems to be in order, may impose an administrative fine which shall not exceed five thousand dollars ($5,000) for each violation of this chapter or of any regulation adopted thereunder, subject to observance of due process of law.
(j) Any physician or osteopath to whom the Board suspends, cancels or revokes a license, or who is fixed a probation period for a specific time lapse, or who is imposed an administrative fine or any other disciplinary measure, may resort to the Circuit Court of Appeals for a review proceeding.
(k) The petitioner shall first request that the Board reconsider its resolution within a term of ten (10) days from the date of notice of such a resolution. Once the reconsideration petition has been resolved, if resolved adversely, the petitioner may resort to the Circuit Court of Appeals within a term of thirty (30) days from the date of having been so notified.
History —Aug. 1, 2008, No. 139, § 26, eff. Jan 1, 2009.