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Law 20584

Law 20584
REGULATES THE RIGHTS AND DUTIES THAT PEOPLE HAVE IN
RELATIONSHIP WITH ACTIONS LINKED TO YOUR HEALTH CARE
MINISTRY OF HEALTH; UNDER SECRETARIAT FOR PUBLIC HEALTH
Publication Date: 24-APR-2012 | Promulgation Date: 13-APR-2012
Version Type: Last Version From: 11-MAY-2021
Last Modification: 11-MAY-2021 Law 21331
Short Url: http://bcn.cl/2p897

LAW NO. 20,584
REGULATES THE RIGHTS AND DUTIES THAT PEOPLE HAVE IN
RELATIONSHIP WITH ACTIONS LINKED TO YOUR HEALTH CARE
Bearing in mind that the H. National Congress has given
your approval the next
Bill:

"TITLE I
General disposition

Article 1.- The purpose of this law is to regulate the
rights and duties that people have in relation to
actions related to your health care.
Its provisions shall apply to any type of
provider of health actions, whether public or private.
Likewise, and where applicable, they will apply to
other professionals and workers who, for any
cause, must attend the public or are linked to the
granting of health care.

Article 2.- Everyone has the right, anyone
that it is the provider that executes the promotional actions,
protection and recovery of your health and
rehabilitation, so that they are given in a timely manner and without
arbitrary discrimination, in the forms and conditions that
they determine the Constitution and the laws.
The care provided to people with
physical or mental disability and those who are
deprived of liberty, must be governed by the rules that
dictated by the Ministry of Health, to ensure that it is
timely and of equal quality.

Article 3.- It is understood by health provider, in
forward the provider, any person, natural or legal,
public or private, whose activity is the granting of
health care. Providers are of two categories:
institutional and individual.
Institutional providers are those who organize

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in healthcare establishments personal means,
materials and intangibles intended for the granting of
health benefits, endowed with an individuality
determined and ordered under one direction, whatever
its nature and level of complexity. It is up to your
organs the mission of ensuring that in the establishments
indicated the contents of this law are respected.
Individual providers are natural persons
that, independently, dependent on a provider
institutional or through an agreement with it, grant
directly health benefits to people or
collaborate directly or indirectly in the execution of
these. Individual providers are considered
health professionals referred to in Book Five
of the Sanitary Code.
For the granting of health benefits all
provider must have complied with the legal provisions and
regulations regarding the certification processes and
accreditation, when applicable.

TITLE II
Rights of people in your health care

1st paragraph
Of safety in health care

Article 4.- Everyone has the right that, in the
framework of the health care provided to you, the
members of the healthcare team and providers
institutions comply with the regulations in force in the country, and
with the established protocols, in terms of security of the
patient and quality of health care, referring to
matters such as nosocomial infections,
identification and accident rates of patients, errors
in health care and, in general, all those
Avoidable Adverse Events According to Common Practices
accepted. Additionally, any person or whoever
represent you have the right to be informed about the
occurrence of an adverse event, regardless of the
magnitude of the damage that it has caused.
The standards and protocols referred to in the subsection
They will first be approved by resolution of the Minister of
Health, published in the Official Gazette, and must be
permanently reviewed and updated according to the
scientific evidence available.

2nd paragraph
The right to decent treatment

Article 5.- In their health care, people
have the right to be treated with dignity and respect in all
time and in any circumstance.
Consequently, providers must:
a) Ensure that appropriate language is used and

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intelligible during care; take care that people
who suffer from a disability, do not have mastery of the
Spanish language or only have it partially, they can
receive the necessary and understandable information, by
intermediary of an official of the establishment, if
exists, or with the support of a third party that is designated by
the person served.
b) Ensure that attitudes are adopted that conform to
generally accepted standards of courtesy and kindness,
and because the people served are treated and called by
your name.
c) Respect and protect the privacy and honor of the
person during your health care. In particular,
must ensure these rights in relation to the taking of
photographs, recordings or footage, whatever
its purpose or use. In any case, for taking pictures,
recordings or filming for journalistic purposes or uses or
advertising will require written authorization from the
patient or their legal representative.
The attention given by students in establishments
of a teaching assistance nature, as well as in the
entities that have signed collaboration agreements with
recognized universities or institutes, you must have
the supervision of a doctor or other healthcare professional
that works in said establishment and that corresponds
according to the type of benefit.
A regulation issued by the Ministry of Health
establish the rules to comply with the provisions
in literal c) and in the preceding paragraph.

Paragraph 3
Of the right to preferential attention

Law 21168
SINGLE Art.
DO 27.07.2019

Article 5 bis.- Any person over 60 years of age,
as well as any person with a disability,
You will have the right to be treated preferentially and in a timely manner
by any provider of health actions, in order to
facilitate their access to said actions, without prejudice to the
prioritization that corresponds to apply according to the condition
emergency or urgent health care for patients,
according to the respective protocol.
Law 21168
This preferential and timely attention will consist, at
SINGLE Art.
moment of admission of the patient, in the adoption by the
DO 27.07.2019
provider of the following measures:
I. If it is a health consultation:
a) In the delivery of the number for the day application and
attention time.
b) In the allocation of day and time for care.
c) In the priority assignment for the consultation of
emergency health.
If in the consultation the doctor or health professional

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considers it necessary for the patient to be evaluated by a
specialist doctor, generating an interconsultation, should
be prioritized in the same way as indicated in subsection
previous.
II. If it is about the prescription and dispensing
of medicines:
a) In
respective.
b) In
medications
c) In

the issuance and management of the medical prescription
the delivery of the number for the dispensation of
in the pharmacy.
the dispensing of medicines in the pharmacy.

III. If it is about taking exams or
more complex medical procedures:
a) In the delivery of the number for the day application and
time for completion.
b) In assigning the day and time for your
realization.
c) In the subsequent priority assignment for the
conducting medical tests or procedures plus
complex.

Article 5 ° ter.- The provider of health actions
must be consigned in legible characters, in a place
visible and easily accessible of the venue in which it operates,
the text of this right to preferential care and
timely.

Paragraph 4
On the right to have company and spiritual assistance UNIQUE Art

Law 21168
SINGLE Art.
DO 27.07.2019

Law 21168
DO 27.07.2019

Article 6.- Everyone has the right to have the
providers facilitate the company of relatives and
close friends during your hospitalization and on the occasion
of outpatient benefits, in accordance with the
internal regulation of each establishment, which in
no case may restrict this right of the person
beyond what its clinical benefit requires.
Likewise, any person who requests it has the right to
receive, in a timely manner and in accordance with the law,
religious or spiritual counseling and assistance.

Article 7.- In those territories with high
concentration of indigenous population, providers
public institutions should ensure the right to
the people belonging to the original peoples to
receive culturally relevant health care,
which will be expressed in the application of a health model
intercultural validated before indigenous communities, the
which must contain, at least, the recognition,

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protection and strengthening of knowledge and
people's healing systems practices
original; the existence of intercultural facilitators
and signage in Spanish language and of the native people
that corresponds to the territory, and the right to receive
religious assistance specific to their culture.

Paragraph 5
Of the right of information

Law 21168
SINGLE Art.
DO 27.07.2019

Article 8.- Everyone has the right to have the
institutional provider provides you with information
sufficient, timely, truthful and understandable, be it in the
visual, verbal or in writing, regarding the following
elements:
a) Health care or types of health actions
that the respective provider offers or has available and the
mechanisms through which you can access these
benefits, as well as their value.
b) The required health insurance conditions
for your attention, the background or documents requested
in each case and the necessary procedures to obtain the
health care.
c) The conditions and obligations contemplated in its
internal regulations that people must comply with
while they are inside the establishments
assistance.
d) The instances and forms of commenting,
acknowledgments, claims and suggestions.
Providers must place and maintain in one place
public and visible, a charter of rights and duties of the
people in relation to health care, whose
content will be determined by resolution of the
Health Minister.
Individual providers will be obliged to
provide the information indicated in letters a) and b)
and in the preceding paragraph.

Article 9.- Everyone has the right that everyone
and each of the members of the health team that
attend have some visible identification system
staff, including the role they perform, as well as
to know who authorizes and makes their diagnoses and
treatments.
It will be understood that the health team understands everything
individual acting as a member of a team of people,
that has the function of performing some type of care or
health provision. The above includes professionals and
non-professionals, both in the area of ​health and other
that have participation in the health work.

Article 10.- Everyone has the right to be

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informed, in a timely and understandable manner, by the
doctor or other treating professional, about the status of your
health, the possible diagnosis of their disease, the
treatment alternatives available for your
recovery and the risks that this may represent,
as well as the expected forecast, and the foreseeable process
postoperative when appropriate, according to your age
and personal and emotional condition. Likewise, every child,
girl and adolescent have the right to receive information
about your illness and how your
treatment, tailored to your age, mental development and condition
affective and psychological.
When the condition of the person, in the judgment of his
treating physician, do not allow him to receive the information
directly or suffers from difficulties of understanding or
find with altered consciousness, the information to
referred to in the preceding paragraph will be given to your
legal representative, or failing that, the person under whose
careful you are. Notwithstanding the foregoing, once
that you have regained consciousness and the ability to
understand, must be informed in the terms indicated
in the preceding paragraph.
In the case of emergency medical care or
urgency, that is, of those in which the lack of
immediate and urgent intervention implies a risk
life or serious functional sequelae for the person and he / she does not
is in a position to receive and understand the
information, this will be provided to your representative or
the person in whose care they are, ensuring that they are
limit yourself to the situation described. Without prejudice to what
above, the person must be informed, in accordance with
as indicated in the preceding paragraphs, when in the opinion of the
treating physician the conditions in which the
allow, as long as it does not endanger your life. The
inability to deliver the information may not, in
no case, delay or postpone the health care of
emergency or urgency.
Providers must adopt the necessary measures
to ensure adequate confidentiality during the
delivery of this information, as well as the existence of
appropriate places for it.

Law 21331
Art. 25 N ° 1
DO 11.05.2021

Article 11.- Every person shall have the right to receive,
by the treating physician, once your
hospitalization, a readable report that, at least,
must contain:
a) Identification of the person and the professional
who acted as the main trafficker;
b) The treatment period;
c) Comprehensive information about the
admission and discharge diagnosis, with their respective
dates, and the most relevant results of exams and
procedures performed that are relevant to the
diagnosis and directions to follow, and
d) A list of medications and doses supplied
during treatment and those prescribed in the prescription
medical.

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The provider must deliver in writing the
information on fees and collection procedures
of the health benefits that were applied to him,
including in detail, where appropriate, the
supplies, medicines, tests, flag fees,
bed-days and fees of those who cared for him, before the
payment, if it corresponds.
Any person may request, at any time
your treatment, a report indicating the duration of
this, the diagnosis and the procedures applied.
Likewise, every person shall have the right to be
issue a certificate proving your health status and
medical leave if applicable, when your requirement is
established by a legal or regulatory provision, or
when requested for particular purposes. The referral
certificate will be issued, preferably, by the
professional who treated the requesting patient.

Paragraph 6
Of the reservation of the information contained in the file Art.
clinic

Law 21168
DO 27.07.2019

Article 12.- The clinical record is the instrument
mandatory in which the set of
background information on the different related areas
with people's health, which aims to
integration of the necessary information in the process
care of each patient. It can be configured in a way
electronic, on paper or any other medium, always
that the records are complete and the timely
access, conservation and confidentiality of data, as well
such as the authenticity of its content and changes
made in it.
All the information that arises, both from the file
clinic as well as the studies and other documents where
record procedures and treatments they underwent
people submitted, it will be considered as data
sensitive, in accordance with the provisions of letter g) of the
Article 2 of Law No. 19,628.

Article 13.- The clinical record will remain for a
period of at least fifteen years held by the provider,
who will be responsible for the reservation of its content. A
regulation issued through the Ministry of Health
establish the form and conditions under which the
providers will store the tokens, as well as the standards
necessary for its administration, adequate protection and
elimination.
Third parties that are not directly related
with the person's health care will not have access to
the information contained in the respective clinical file.
This includes the health and administrative personnel of the same
provider, not linked to the person's care.
Notwithstanding the foregoing, the information contained
in the file, a copy of it or part of it, will be
delivered, totally or partially, at the express request of the
persons and bodies listed below, in the

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cases, form and conditions indicated:
a) To the holder of the clinical file, to his representative
legal or, in the event of the death of the owner, to their
heirs.
b) To a third party duly authorized by the owner,
by means of a simple power of attorney granted before a notary public.
c) To the courts of justice, provided that the
information contained in the clinical record is related to
the causes that they were knowing.
d) Prosecutors of the Public Ministry and the
lawyers, prior authorization of the competent judge, when
the information is linked directly to the
investigations or defenses they are in charge of.
e) The Institute of Public Health, in the exercise of
its faculties.

Law 20850
Art. 35

The institutions and persons indicated above DO 06.06.2015
take the necessary measures to ensure the
reservation of the identity of the holder the clinical records to
those that access, of the medical, genetic or other data
of a sensitive nature contained in them and so that all
This information is used exclusively for the
purposes for which it was required.

Paragraph 7
Of the autonomy of people in their care
Health

Law 21168
SINGLE Art.
DO 27.07.2019

"&" 1. Of the informed consent

Article 14.- Everyone has the right to grant or
deny your willingness to undergo any procedure
or treatment related to your health care, with the
limitations established in article 16.
This right must be exercised freely,
voluntary, express and informed, for which it will be
It is necessary for the treating professional to provide information
adequate, sufficient and understandable, as established
in Article 10.
In no case may the rejection of treatments have
as an objective the artificial acceleration of death, the
carrying out euthanasic practices or helping the
suicide.
As a general rule, this process will be carried out in the
verbal, but must be in writing in the case of
surgical interventions, diagnostic procedures and
invasive therapeutics and, in general, for the application
procedures that carry a relevant risk and
known for the health of the affected. In these cases, both
the information itself, such as the fact of its delivery, the
acceptance or rejection must be recorded in writing in the
clinical record of the patient and refer, at least, to the
contents indicated in the first paragraph of article 10.
The person is presumed to have received the information
relevant to the expression of your consent,
when there is evidence of your signature on the document

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explanatory of the procedure or treatment to which he must
undergo.
Without prejudice to the powers of the parents or the
legal representative to grant consent in
health matters on behalf of minors
competent, every child and adolescent has the right to
be heard about the treatments that are already applied to you
choose between the alternatives that they grant, according to the
situation allows it, taking into consideration your age,
maturity, mental development and their affective state and
psychological. It must be recorded that the child,
girl or adolescent has been informed and has been heard.
In the case of a biomedical scientific research Art. 25 N ° 2
in humans and its clinical applications, the negative DO 11.05.2021
of a child or adolescent to participate or continue in
she must be respected. If it has already been started, you must
disclose the risks of withdrawing early from
her.

Law 21331

Article 15.- Notwithstanding the provisions of the
previous article, the manifestation of
will in the following situations:
a) In the event that the lack of application of the
procedures, treatments or interventions indicated in
the previous article pose a health risk
public, in accordance with the provisions of the law,
This must be recorded in the clinical record of
person.
b) In those cases in which the health condition or
clinical picture of the person implies life-threatening or
severe functional sequela of not mediating medical attention
immediate and urgent and the patient is not in
conditions of expressing their will and it is not possible to obtain
the consent of your legal representative, your attorney-in-fact
or of the person in whose care he is, according to
corresponds.
c) When the person is incapable of
manifest his will and it is not possible to obtain it from his
legal representative, because it does not exist or because it does not exist. On
In these cases, appropriate measures will be adopted in order to
ensure the protection of life.

"&" 2. Of the terminal state of health and the will
previously manifested

Article 16.- The person who is informed that his
state of health is terminal, you have the right to grant or
deny your willingness to undergo any treatment
that has the effect of artificially prolonging their life, without
detriment of maintaining ordinary support measures. On
In no case, the refusal of treatment may imply as
objective the artificial acceleration of the death process.
This right of choice is not applicable when,
as a product of the lack of this intervention,
procedure or treatment, puts your health at risk
public, in the terms established in the Code

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Sanitary. This circumstance must be recorded
by the treating professional in the clinical file of the
person.
For the correct exercise of the right established in
the first subsection, the treating professionals are
obliged to provide complete information and
understandable.
People who are in this state will have
right to live with dignity until the moment of death.
Consequently, they are entitled to palliative care
that allow them to make the effects of the
illness, the company of their relatives and people
whose care they are already receiving, when they require it,
spiritual assistance.
You can always request voluntary discharge the same
person, the attorney-in-fact that she has appointed or
relatives indicated in article 42 of the Civil Code,
in preferential and exclusive order according to said
enunciation.

"&" .3. Of the ethics committees

Article 17.- In the event that the professional
trafficker has doubts about the competence of the person,
or consider that the decision expressed by it or its
legal representatives expose you to serious harm to your health
or at risk of dying, which would be prudently avoidable
Following the indicated treatments, you must request the
opinion of the ethics committee of the establishment or, in
case of not having one, which according to the regulations provided
in article 20 it corresponds.
Likewise, if the insistence on the indication of the
treatments or limitation of therapeutic effort are
rejected by the person or by their legal representatives,
the opinion of said committee may be requested.
In both cases, the decision of the committee will have
only the nature of recommendation and its members do not
will have civil or criminal responsibility for what
ultimately happen. In the event that the query says
regarding the care of minors, the committee
should especially take into account the best interests
of the latter.
Both the person and anyone in his name may,
If they are not satisfied with the opinion of the committee, request
to the Court of Appeals of the plaintiff's domicile the
review of the case and the adoption of the measures it deems
necessary. This action will be processed in accordance with the
Rules of appeal established in Article 20 of the
Political Constitution of the Republic.
If the treating professional differs from the decision
manifested by the person or his representative, may
declare your willingness not to continue as responsible for the
treatment, as long as you ensure that this
responsibility will be assumed by another professional of the
technically qualified health, according to the clinical case
specific.

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Article 18.- In the event that the person, by virtue of
of the previous articles, I will express your will not
to be treated, want to stop treatment or refuse
to comply with medical prescriptions, you may request the
voluntary discharge. Likewise, in these cases, the Directorate of the
corresponding health establishment, at the proposal of the
treating professional and after consulting the ethics committee,
may order the forced discharge.

Article 19.- In the case of persons in a state of
brain death, death will be certified once
this has been accredited in accordance with the prescriptions
which in this regard contains article 11 of the law
No. 19,451, regardless of the quality of donor of
organs that the person may have.

Article 20.- Through a regulation issued to
Through the Ministry of Health, the standards will be established
necessary for the creation, periodic operation and
control of ethics committees, and the mechanisms that
allow establishments to access committees of
ethics of their choice, in case they do not have or are not
in a position to constitute one. In addition, they will be fixed
through instructions and resolutions the technical standards and
administrative procedures necessary for the standardization of
processes and documents related to the exercise of
rights regulated in this paragraph.
Such committees must exist at least in the
following establishments, provided they pay attention
closed: self-managed network, experimental, high
complexity and specialty institutes.

Paragraph 8
Of the protection of the autonomy of the people who Art.
participate in scientific research

Law 21168
DO 27.07.2019

Article 21.- Every person must be informed and
you will have the right to choose your incorporation in any type
of biomedical scientific research, in the terms
of Law Nº20.120. Your expression of will should be
prior, express, free, informed, personal and consist of
written. In no case may this decision mean
impairment in your care or less any penalty.

Article 22.- Through a regulation issued by the
Ministry of Health, under the terms of Law No. 20,120,
the necessary norms will be established to regulate
requirements of research protocols and
administrative procedures and rules on constitution,
operation and financing of committees for
ethical-scientific evaluation; for the approval of
protocols and for the accreditation of committees by
of the Sanitary Authority; the declaration and effects on
conflicts of interest of researchers, authorities and
committee members and, in general, other standards

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necessary for the adequate protection of the rights of
people regarding scientific research
biomedical.

Paragraph 9
On the rights of people with disabilities
psychic or intellectual

Law 21168
SINGLE Art.
DO 27.07.2019

Article 23.- The reservation of the information that the
treating professional should keep in front of the patient or the
restriction of access by the owner to the
contents of your clinical file, due to the effects
negative that this information could have in your state
mental, forces the professional to inform the representative
legal status of the patient or the person under whose care
find, the medical reasons that justify such reservation or
restriction.

Article 24.- Without prejudice to the provisions of the
Article 15 of this law, if the person is not in
conditions of expressing their will, the indications and
application of invasive and irreversible treatments, such
such as sterilization for contraceptive purposes, psychosurgery
or other irreversible, must always have
with the favorable report of the ethics committee of the
establishment.

Article 25.- Deleted.

Law 21331
Art. 25 N ° 3
DO 11.05.2021

Article 26.- Deleted.

Law 21331
Art. 25 N ° 3
DO 11.05.2021

Article 27.- Deleted.

Law 21331
Art. 25 N ° 3
DO 11.05.2021

Article 28.- No investigation can be carried out
biomedical in adults who are not physically or
mentally expressing consent or those who are not
possible to know your preference, unless the condition
physical or mental that prevents consent
informed or expressing their preference is a characteristic
necessary of the investigated group. In these cases, it is not
may involve in research without consent to a
person whose health condition is treatable so that
may regain his ability to consent.
In these circumstances, in addition to giving full
compliance with the rules contained in law No. 20,120, DO 11.05.2021
on scientific research in humans, its
genome, and prohibits human cloning, and in the Code

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Law 21331
Art. 25 N ° 4

Page 13

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Sanitary, as appropriate, the protocol of the
investigation must contain the specific reasons
to include individuals with a disease that does not
allows you to express your consent or express your
preference. It must be proven that the investigation
involves a potential direct benefit to the person and
it involves minimal risks for her. Likewise,
previously have a favorable report from a committee
accredited scientific ethics and with the authorization of the
Regional Ministry of Health Secretariat.
In those cases, the members of the committee evaluating the
project may not be linked directly or
indirectly with the center or institution in which the
develop the research, nor with the researcher
principal or sponsor of the project.
Consent or
manifestation of preference of the person who has
recovered his physical or mental capacity to grant said
consent or express your preference.
People with neurodegenerative disease or
psychiatric department may grant their
informed consent to be test subjects in
future research, when they are not in working order
consent or express preference.
Biomedical research in people under the age of
Age will be governed by the provisions of Law No. 20,120. With
all, their refusal to participate or
continue in the investigation.

Article 29.- Without prejudice to the powers of the
ordinary courts of justice, the Ministry of Health
must ensure the existence and operation of a
National Commission for the Protection of the Rights of
People with Mental Illness and Commissions
Regional Protection, one in each region of the country,
whose main function will be to ensure the protection of
rights and advocacy for people with disabilities
psychic or intellectual in the health care delivered
by public or private providers, whether in the
community care modalities, outpatient,
hospital or emergency. They will be attributions of the
National comission:
a) Promote, protect and defend human rights
of people with mental and intellectual disabilities
when these are or may be violated.
b) Propose to the Ministry of Health, through the
Undersecretariat of Public Health, technical guidelines and
complementary regulations in order to guarantee the
application of this law to promote and protect
rights of people with mental disabilities and
intellectual.
c) Coordinate and ensure the proper functioning of the
Regional Commissions.
d) Propose to the Undersecretariat of Public Health the
liaison and coordination of the Commission with other
public and private human rights organizations.
e) Review the claims against the actions of the

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Regional Commissions.
f) Review the indications and application of
invasive and irreversible treatments.
g) Review facts that involve violation of
rights of people and deaths occurred during the
psychiatric hospitalization.
The functions of the Regional Commissions will be:
a) Make visits and supervise the facilities and
procedures related to hospitalization and
application of treatments to people with disabilities
psychic or intellectual.
b) Review the actions of public providers
and private in relation to hospitalizations
involuntary measures and treatments that deprive the
displacement person or temporarily restrict their
contact with other people, and control such actions,
measurements and treatments periodically.
c) Review the claims that users and any
another person on his behalf carry out a violation of
rights related to health care.
d) Issue recommendations to the Health Authority
on the cases and situations submitted to their knowledge or
revision.
e) Recommend to institutional providers and
individuals the adoption of appropriate measures to
avoid, prevent or put an end to the violation of the
rights of people with mental disabilities or
intellectual.
f) Comply with and execute the technical guidelines
issued by the Ministry of Health.
The National Commission will be made up of the
following persons, who will act ad honorem:
a) Two members of trade unions of
professionals in the health area, who are
representatives of the mental health area.
b) A member of the bar association who
have the largest number of adherents.
c) Two members of scientific societies in the area of
Mental health.
d) Two representatives of user associations of the
mental health.
e) Two representatives of associations of relatives of
people with mental or intellectual disabilities.
f) A representative of the Health Authority.
The Commission will have an Executive Secretariat, which
coordinate its operation and comply with the agreements that
that adopts and will be made up of the personnel who
effect assigned by the Ministry of Health.
In the conformation of the Regional Commissions the
Ministry of Health will seek integration with
similar characteristics, according to local reality
of the respective Region.
A regulation will indicate the way in which
will designate said persons and the necessary norms for the
proper functioning of the Commissions indicated in this
Article.

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Against the actions taken by the
institutional and individual providers, or by the
health authority, people with mental disabilities
or affected intellectuals, their representatives and anyone
your name may appeal directly to the Court of
Appeals of the domicile of the affected person for the protection of
Your rights. The National Commission or Commissions
Regionals may report to the Court of Appeals of the
place where they have their seat, in cases where they take
knowledge in the exercise of their functions, and deliver
all the antecedents for it to reestablish the empire
of the right.
The actions before the Courts of Appeals are
They will process according to the rules of the established resource
in article 20 of the Political Constitution of the
Republic.

Paragraph 10
Of the participation of the users

Law 21168
SINGLE Art.
DO 27.07.2019

Article 30.- Without prejudice to the mechanisms and
instances of participation created by law, by regulation
or by resolution, everyone has the right to carry out the
consultations and claims that it deems pertinent, regarding
the health care received. Likewise, users
may express their suggestions and opinions in writing
regarding such care.
Through the Ministry of Health, in consultation with the
instances of participation created by law,
regulate the procedures so that users
exercise these rights, and the term and manner in which the
Providers must respond or resolve, as the case may be.
By regulating the existence of ethics committees that
attend the queries of the people who consider
necessary evaluation of a case from the point of view
clinical ethics, the participation of
the users in said committees. In the case of
institutional providers, they will be the ones that provide
the means for its users to access a committee of
Ethics, if required. Individual providers
will make people aware of the ethics committee to which
are attached. The Health Services must
have at least one ethics committee, to which the
individual private providers will understand ascribed
of its territory, in case of not being it to someone else.

Paragraph 11
Of medicines and supplies

Law 21168
SINGLE Art.
DO 27.07.2019

Article 31.- Institutional providers,
public and private, will maintain a database
updated and other freely accessible records, with

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information containing the prices of the services,
of supplies and medicines that they charge in the
people care.
Likewise, when entering, you will be informed by
in writing, to the person or their representative, of the possible
deadlines for the payment of benefits, medicines and
inputs used, as well as interest charges or
other concepts.
In cases where the person must attend the payment
of the care you receive, either totally or partially,
may request, at any time, an account
updated and detailed of the expenses in which it has been
incurred in your health care.

Article 32.- If the doses of medicines or supplies
were unitary, in the event that the person must
attend to the payment of them, will only be obliged to pay
of those units actually used in the treatment
correspondent.

TITLE III
Of the duties of people in their health care

Article 33.- For the due respect of the regulations
current health, the competent authority
will implement the measures that ensure wide dissemination
her.
Both people requesting or receiving care from
health care by an institutional provider, such as their
relatives, representatives or those who visit them, will have
the duty to respect the internal regulations of said
establishment.

Article 34.- Without prejudice to the preferential duty of the
provider to inform according to what is indicated in the
Paragraph 4 of Title II of this law, the person who
request health care will try to find out about
of the operation of the establishment that receives it for
the purposes of the provision that it requires, especially,
regarding the hours and modalities of attention, as well
as on existing financing mechanisms, without
detriment to the provider's obligation to grant this
information.
Likewise, you should inform yourself about the
consultation and complaint procedures established.

Article 35.- All persons who enter the
health establishments must take care of the facilities
and equipment that the provider keeps available for
the purpose of care, responding to the damages
according to the general rules.
People should treat people with respect
members of the health team, be they professionals,
technical or administrative. The same obligation corresponds to
family members, legal representatives and other people who

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accompany or visit them.
Disrespectful treatment or acts of verbal or
against the members of the health team,
the other people served or other people, will give
right to the authority of the establishment to request,
when the situation warrants it, the presence of force
to restrict access to the establishment of
who affect the normal development of the
activities carried out in it, without prejudice to the right
to pursue the civil or criminal responsibilities that
correspond. You can also order disciplinary discharge
of the patient who incurs abuse or acts of
violence, provided it does not endanger your life or your
Health.
The establishment authority may require
who corresponds the appropriate means of security to
ensure the normal development of activities
developed in it, preventing the access of the
persons carrying weapons or incendiary devices. In order to
these effects, in each of its accesses you can have
metal detection devices or arc detector
metals. Likewise, the establishment authority may
require the assistance of the public force in case of
serious indications that allow presuming regarding one or more
of the people who are in the establishment, who
could threaten the life or integrity of the
members of the health team, and in order to
restore the normal development of activities
developed in it.
Law 21188
If the court decrees a precautionary measure that prevents Art. 3 N ° 1
the access of the accused to the health establishment, does not know DO 13.12.2019
will consider that he incurs in breach of the
yourself if you enter it when there is a serious danger to
your life or health. Once such serious danger ceases to
exist, the accused must be immediately transferred to
another health facility, if applicable. The authority
of the establishment will draw up a record of all the actions, the
which must be sent as soon as possible to the Ministry
Public.

Article 35 bis.- The members of the health team
and workers in health facilities in
institutional providers that, due to the performance
of clinical, technical or administrative functions, regardless of
subject to attacks on their physical or psychological integrity or
subject to humiliating, degrading or mistreatment by
part of patients, users or anyone outside the
establishment, may require, by request
written to the authority of the establishment, which
said provider provides them with defense mechanisms
adequate legal for the exercise of the actions
corresponding civil and criminal matters. Regarding the
officials of the establishments that make up the network
assistance of the health services, the
provided in article 90 of the decree with force of law
N ° 29, of 2004, of the Ministry of Finance, which sets the
Consolidated, coordinated and systematized text of Law No.
18,834, on Administrative Statute.

Law 21188

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Art. 3 N ° 2
DO 13.12.2019

Article 36.- Both the person requesting the
health care, such as family members or representatives
legal, they should collaborate with the members of the
health that attends her, truthfully informing about
your health needs and problems and of all
information that they know or are requested for their
proper diagnosis and treatment.

TITLE IV
Compliance with the law

Article 37.- Without prejudice to the right of the
people to claim before the different instances or
entities determined by current regulations, all persons
may claim compliance with the rights that this law
confers before the institutional provider, which must
have personnel specially qualified for this
effect and with a system of registration and written response of
the claims raised. The provider must adopt the
appropriate measures for the correct solution of the
detected irregularities.
If the person believes that the answer is not
satisfactory or that the
irregularities, you may appeal to the Superintendency of
Health.
A regulation will regulate the procedure to be
will subject the claims, the term in which the provider
must communicate a response to the person who has
made the claim in writing, the record that is
It will take to record the claims and the rest
norms that allow an effective exercise of the right to
this article refers to.
Likewise, people will have the right to request,
alternatively, the initiation of a
mediation, under the terms of Law No. 19,966 and its
complementary standards.

Article 38.- It will correspond to the providers
public and private to comply with the rights that
this law consecrates all people. In the case of
Public institutional providers must, in addition,
adopt the necessary measures to make effective
the administrative responsibility of officials,
through administrative procedures or processes of
corresponding qualification.
The Superintendency of Health, through its
Intendancy of Providers, will control compliance with
this law by public and private health providers,
recommending the adoption of necessary measures to
correct any irregularities that are detected.
In the event that they are not corrected within
the terms set for this purpose by the Mayor of
Providers, it will order to record it to the

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provider in a visible place, for public knowledge,
within the establishment in question.
If after the period set by the Mayor of
Providers for the solution of irregularities, which
will not exceed two months, the provider does not comply with the
order, will be sanctioned according to the rules
established in Titles IV and V of Chapter VII, of
Book I of the decree with force of law Nº1, of 2006, of the
Ministry of Health.
Against the sanctions applied by the provider
may file the appeals for replacement and hierarchical,
in the terms of Paragraph 2 of Chapter IV of the law
No. 19,880.

TITLE V
Various provisions

Article 39.- Enter the following
modifications in the Law on Civil Registry, whose text
consolidated, coordinated and systematized was set by the
Article 3 of Decree with force of law No. 1, of 2000,
from the Ministry of Justice:
1) Add, in number 1 of article 3, the
next second paragraph, replacing the current point
and comma (;) that appears at the end of the referred number by a
point aside (.):
"The father or mother, when requesting this registration,
may request that, along with noting the commune in which
his son was born, register, in the same heading, the commune
or locality in which the mother of the
newborn, which should be consigned as the place of
origin of this; ".
2) Amend article 31 as follows:
a) Eliminate, in number 3, the conjunction
copulative "y", the second time the
point aside (.) with which the number 4 ends with the
expression ", and".
b) Add the following number 5, new:
"5º. The commune or locality in which it is
Upon arrival, the mother of the newborn must be recorded
both in this item, as in the certificate of
birth, as the child's place of origin.

Transitional provision

Transitory Article.- This law will enter into force
the first day of the sixth month following its publication
in the Official Gazette.
The complementary regulations of this law are
will be issued within the month following the entry into force
her.".

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Law 20584

Having complied with the provisions of No. 1
of Article 93 of the Political Constitution of the
Republic and because I have seen fit to approve it and
sanction it; therefore be enacted and put into effect
as the Law of the Republic.
Santiago, April 13, 2012.- SEBASTIÁN PIÑERA
ECHENIQUE, President of the Republic.- Jaime Mañalich
Muxi, Minister of Health.
I transcribe for your knowledge Law Nº20.584 / 2012.Kind regards to you, Nancy Sepúlveda Velásquez,
Undersecretary of Public Health (S).

constitutional Court
Bill that regulates the rights and duties they have
people in relation to actions related to their
health care. (Bulletin Nº4398-11).
The Secretary of the Constitutional Court, who
subscribes, certifies that the Honorable Chamber of Deputies
sent the project listed in the item, approved by the
National Congress, in order for this Court to exercise the
constitutionality control regarding the norms that
regulate matters of constitutional organic law that
that one contains, and that by judgment of March 27, 2012
in the cases Rol Nº2.159-12-CPR.
It declares:
1º That the expressions "whoever has the character of
party or accused in "and" defenders ", contained
respectively in letters c) and d) of the third paragraph of the
article 13; and likewise the term "legal",
included in the fourth paragraph of article 25 of the project,
are unconstitutional and should be deleted from the text of the
bill.
2 That articles 13, third paragraph, letters c) and
d); 17, fourth paragraph; 25, fourth paragraph; and 29, subsection
seventh, of the bill, excluding the
terms declared unconstitutional, are not contrary to
the Constitution.
Santiago, March 27, 2012.- Marta de la Fuente
Olguín, Secretary.

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