Law 26842, the General Health Act, also does not give us a definition of a medical certificate©; However, it regulates it as a human right and attribute of professional health practice. Summary: 1.1. Background, 1.2. Concept, 1.3. Definition, 1.4. Legal nature, 1.5. Purpose, 1.6. Characteristics, 1.7. Effects, 1.8. Elements of the medical© certificate, 1.9. Classes of the© medical certificate, 1.10. Duration or validity. The Code of Ethics of the Colegio Mã©dico del Per㺠is very basic in terms of concept.
In articles 78 and 79 alone, it is mentioned that the medical©certificate is a document intended to prove the medical©act performed, the text of which must be clear and concise, and cease ±based on the truth. Failure to do so©, the doctor© who issues a certificate of recognition of a medical©act not performed or expresses false, inaccurate or tendentious information in order to harm the patient or to obtain an unjustified advantage for him, for himself or for third parties. As general characteristics of a certificate, the following elements stand out: The document issued by a doctor©of a positive declaratory nature, that is, to the extent that it favors people. National legislation thus makes it possible to verify that its issue is valid and that only©one doctor is authorized for the purpose of verifying the state of mental health; That is, they are always issued to explain the conditions that, after a simple observation and examination of the doctor, justify mental health. It will have no value for negative statements, as these effects require© the disability certificate issued by the Medical Board. [1] The document, like testimony or confession, is the result of human action; but, as Carnelutti teaches± if the last acts are, the first is a thing created by an action that serves to represent something. That is, the document is anything that serves as indirect and representative historical evidence of a fact, can be declarative-representative if it contains an explanation of who creates it or grants or simply subscribes to it, as is the case with public or private writings and tapes or tapes; it can only be representative (and not declarative) if it does not contain a declaration, as is the case in plans, paintings, X-rays, drawings and photographs. But it is always representative and this distinguishes it from things or objects that, without being documents, can serve as evidence, such as a fingerprint, a weapon, an injury, etc. [2] Article IX, preliminary title Law 26842, General Health Act. The sanitary standard is of public order and regulates health issues as well as the protection of the environment for health and medical assistance for the restoration and©rehabilitation of human health. No one can oppose it.
[3] The concept of public policy is understood in global terms as a limit imposed by the general interest©of individual freedom, manifested by©the autonomy of the will of the subjects in©their contractual relations. Public order: a set of legal norms which the State considers inevitable and from which it cannot escape the conduct of the State or that of the individual for whom the State uses its coercive and coercive powers, if necessary to have recourse to them. It is a legal term. The change in public order would then mean a serious violation of the fundamental norms governing the coexistence of persons and the existence of the State. [4] While it is true that it is legally appropriate to designate the deceased as a cadã¡ver, we take this license to emphasize© that no medical©certificate can be issued in respect of the recent deceased or the previous deceased. [5] Article 431.- Issuance of a false medical©certificate In accordance with Article 36, paragraphs 1 and 2, a doctor© who maliciously issues a false certificate of the presence or absence of physical or mental illness in the present or past is punishable by deprivation of liberty for a maximum period of ±three years and a loss of rights of one to two years± imposed in accordance with Article 36, paragraphs 1 and 2. Where the false certificate has been issued for the purpose of admitting or detaining a person in a hospital for the mentally ill, the penalty referred to in Article 36(1) and (2) shall be deprivation of liberty for at least three years or more than six years and ± withdrawal of two to four years± in the form of at least three years or more than six years. Anyone who uses the certificate maliciously according to the respective case will be punished with the same prison sentences. [6] Article 24.- The issuance of prescriptions, certificates and reports directly related to the care of patients, the performance of surgical procedures, the prescription or testing of drugs, drugs or other products, substances or agents for the diagnosis, prevention or treatment of diseases is considered an act of professional practice in medicine and is subject to the control of the professional associations concerned. [7] Gonzã¡lez Cã¡ceres, Alberto, El Acto Mã©dico, Editorial Gaceta Jurãdica, Tomo 138, Mayo 2005, p.299. [8] This is also provided for© in Article 7(2)(2).
Resolution 654-GG-ESSALUD- 2001 approving the Directive on the procedure for the distribution, issue, registration and control of certificates of temporary incapacity for work – CITT. [9] General Management Directive 004-GG-ESSALUD-2000. [10] Resolution 654-GG-ESSALUD-2001, Directive on the procedure for the distribution, issuance, registration and control of certificates of temporary incapacity for work – CITT. [11] Human rights legislation, international instruments of particular importance. Minimum requirements for the treatment of prisoners. The penalties of solitary confinement and reduction of maintenance are imposed only if, after examination©of the detainee, the doctor© has certified in writing that he©can wear them. (2) The same applies to any other sanction likely to harm the physical or mental health of the prisoner. In any event, such measures should never infringe or derogate from the principle referred to in Article 31. 3. The physician©shall visit prisoners who comply with such disciplinary sanctions on a daily basis and shall inform the Director if he considers it necessary to lift©or modify the sanction for reasons ©of physical or mental health. [12] Supreme Decree 018-96-PRES, Decree of the Law on the National System of Comprehensive Care for Children and Adolescents±.
[13] Supreme Decree 015-2002-IN, Regulations Obtaining a Licence to Possess and Use Firearms for Civil Use. because it is not addressed to anyone in particular, which requires the reminder that it can be used for any purpose, regardless of the complainant`s statement, which imposes extreme caution both in the form and in the content of the certificates, since these are the guidelines to follow those of accuracy using©precise and prudent terms, Avoid any kind of complacency and truth of the observed medical©fact. Certificates that must accredit and be accredited to access certain licenses, jobs, services, and states. Such as: weapons license, vehicle driver`s license, drug purchase license, military service, marriage certificate, etc. The issuance of the certificate is free of charge for doctors, although©some public institutions provide otherwise in their administrative procedures, as it is a direct consequence and part of the health care that the person needs. It is in the nature of things that the medical©certificate is a kind of document[1] and according to the dictionary of the Royal Academy of the Spanish language±ola, a document in which the truth of a medical©fact is assured. However, in the latter qualification, it acquires its greatest importance and legal significance; since it is governed by this consideration by a hygiene standard and in this sense acquires the condition of being a document of public order[2], that is to say a document of general interest©[3]. One of the most useful and used documents in the doctor-patient relationship©is the medical© certificate. It is generally required of the doctor to check in front of third parties, in particular before the employer, such a state of deterioration of the state of health (illness), which depends on the absence from the workplace.
Because of its nature, purpose, origin and effects, it is a technical means of proof consisting in being a legal document, since it is the written record of an expression of thought or the relationship of facts of a medical©nature contained in the legal norm that assigns rights or obligations to the person and third parties.