- Aproximation to the problematic.
The procedures of homologación de los titulos de Médico Generaal, governed by Real Decree 967/2014, 21 November, which sets out the requirements and procedure for the homologation and declaration of equivalence and the official academic level of the university and for the validation of extracurricular studies determine the correspondence to the levels of the Spanish brand of qualifications for the superior education of the official titles of Architect, Engineer, Licensed, Technical Architect, Technical Engineer and Diploma., and the Medical specialties, governed by Real Decree 459/2010, of 16 April, which regulates the conditions for the recognition of professional effects on foreign titular specialists in the Health of the Elderly, obtained in the Member States of the European Union, its procedures are extremely complex and ultimately stand out as having the largest and most accurate.
And this is due to the social need that exists in the news and especially, due to the effects of the pandemic, to deal with more medical specialists, in the manner in which it is offered by foreign professionals and very qualified, that we should go to Spain to work , and there is a demand for these professionals in our Public Health Services, but the administrative treatment of homologation, is demanding and difficult in the way that conjugations are these necessities, which in many cases it is impossible.
Effectively, with the motive of the pandemic that we have been living since a year ago, it has aggravated the obvious form of a problem that has existed for a long time as it is lack of doctors, about all specialists, which exists, as well as public health, especially in communities such as Galicia, Extremadura, Castilla y León or Castilla la Mancha, as well as private health in all national territory.
He, united in the crisis that has been living some Latin American countries, as can be Argentina or Venezuela, has motivated that sand notably increased the volume of requests for homologation, both of the general medical title, as of the medical specialties.
In this complicated process of homologation, we meet with various difficulties which, in our judgment, shall be complied with by the Administration, by the regulatory standards of the proposed process.
- Demora en la tramitación.
The first of them and the principal, is in the time of trampling time. This type of procedure consists of 6 months to resolve by the Administration. Instead, as in the majority of administrative proceedings, it is not easy, but with the aggravation of the fact that the effective time of demarcation is increasing the figure of 8 years for the homologations of the medical specialty.
And here, with the aggravation of that the intervention of the nominating Committee of the Evaluator is imperative, following the dispute over the art. 6, del Real Decreto 459/2010, in order to be able to read a resolution, in order to ensure the existence of administrative recourse, only refuses to submit to the Administration, with a sense of urgency that it is necessary to resolve in a specific place of time, in principle, we will not resort to this remedy to obtain a waiver as to whether or not to grant the application for approval.
Here is the example of the SAN of February 13, 2019, which indicates the following:
“Nonetheless, the failure of the time resolution is in the form of automation that the Chamber is in conditions of otorgar the effect of the effects of the title of specialist specialist, obviating the contrast and evaluation procedures that prevail the law in force aquella de la que trae causa, de la que abundan los precedents (así, SAN, Sala de lo contencioso-administrativo, Sección Tercera, de 3 de octubre de 2007, recurso 1319/2006; o Sección 4 ª, de 13 de junio de 2012, Rec. 182/2011).
In our case, the petition was submitted in the context of Real Decree 459/2010, of 16 April, which regulates the conditions for the recognition of professional effects to the titular extras of specialists in Health, obtained in States no members of the European Union. The procedure required in the first place contrasts with the previa approval test intended to verify that the interested party meets the minimum training requirements required in the Real Decree 1837/2008 of 8 November (Article 4.2 of Real Decree 459/2010). Only if the approval result is positive can the procedure be forwarded to the Solicitation Committee for consideration when referring to Article 5 of Real Decree 459/2010 and if the result is negative, a reasoned resolution is dictated by the terms given in the article.
The information is therefore of a preceptive and vindictive nature (Articles 82.1 and 83.1 of the Law of 30/1992), and it is not possible to state the same reason as determining the solution of the procedure; Reason for interrupting the placement of succulent traumas, in accordance with Article 83.3 of the Law of 30/1992.
Rehabilitation requires the initial evaluation of the training on the part of an “ad hoc” technical organ, and, on the other hand, the completion of a complementary training period in practice or a practical theoretical test, in this case. None of these stages of the driver’s procedure for obtaining the title can be performed, nor will he be assisted by this Tribunal in order to adjudicate on the audited faculties (Section 4ª, of 13 June 2012, Rec. 182/2011; o Section 3ª, October 3, 2007,
rec. 1319/2006). »
NOVENO.- Previously, however, it was agreed that the sentence would be reasonably acceptable to transcribe, to the annulment of the presumption presumed impugned, given that the Administration demanded continued with the obligation to resolve, and had no control over it. right on the basis of the disposition in Article 42.1 Ley 30/1992; now hears this Tribunal of the Faculty of Procedure for the Prevention and Evaluation of Interested, onontbeerlik to determine whether to concede or not the review of the effects of the title of specialist, in which case the function should be provided by the administrator create effect and comply with the options legally provided. This pronunciation, for the sake of it, fits perfectly with the ultimate pediment of the plant planted with the subsidiary character.
Therefore, although the National Audit Office agrees that it does not justify the motion in the expedition’s motion, does not enter into the background of the decision to decide whether to proceed with the approval or not, that it agrees with the Administration and issues the resolution corresponding to the place is legally established.
- Information sheet about the state of the clerk.
Here are the difficulties that we observe in these procedures are the systematic vulnerability of the right to obtain information about the state of his dispatch by the administrator.
We remember that art. 13 de la Ley de Procedimiento Administrative Procedure, establishes the rights that under the administration within the treatment of an administrative clerk, between the springs, is the right to know the state of his clerk.
At present, the Administration has established an electronic settlement system for the management of the general medical titles, by means of which, in particular, notifies the advances within the administrative process of solicitation of approval.
But reality, that in dicha sede electronics does not update the information of the clerks, have been transcending these cases for years, it is said that many solicitors are receiving the resolution including the ones that in the IT system are given to the expedient.
However, it is agreed that there is no other possible way to obtain information, that there is no telephone channel via email, and that pre-requisite attention is given to the system, the administrator can not know if he is safe, if he has planned to open expedient with his application.
The third of the problems that we can deal with with respect to those expedients is in the lack of transparency on the part of the Administration, and more specifically, on the part of the Evaluating Committee on the requests for approval of medical specialties.
As we commented earlier, the evaluation committee should examine each solicitation of this type, in order to obtain a valuation information on which to propose, whether the solicitation of the solicitation, or the estimation of the condition of the realization on the completion of an exam, or well conditioned on the completion of both, is decree, practice and exam.
Pero, What are the criteria for choosing another option? Is there any objective criterion? The reality is that there is no such thing as a data base on which one can examine the resolutions of the evaluation committee according to the typology of cases, the manner in which one can have a certainty, even if it is approximate, that the resolution can be depending on the type of training performed or the additional additional qualifications.
In addition, there have been resolutions passed by the evaluation committee, fully distinguished, for similar cases.
As we commented earlier, the need to treat extraneous medicines and the need for these medicines to be contracted, looking for a solution to the situations that live in its lands of origin, sigue standing latent to pesar de todas estas bureacratic works.
Of which in the public health of some regions is opting to contact specialist doctors without homologating the title to cover the holidays of difficult coverage. For other reasons, private health care is suitable for this situation and in some places it is very habitable contracting as a general medical professional that in reality of making the work of specialists.
There are many consequences, and it is possible to work with a foreign worker at riesgo de que sea condenado por elite de intrusismo. There are many sentences condemning foreign doctors for this crime, with professional disability penalties.
In addition, it produces a empireoriento de las laboris conditions, it is approved to pay a much lower salary than that corresponding to a specialist via MIR or valid homologated, unless everything is contracted in private entities.
Obviously, infringe patient rights, which is attended by a professional who does not meet the necessary criteria to realize the type of intervention as a specialist.
This indeseable situation, it can simply avoid by means of the effective compliment of the legally established estates, respecting all the places of resolution, as well as the guarantees and rights of the administration.