Organic Law of the National Diabetic Institute

The "NATIONAL INSTITUTE OF DIABETICS" Doctor Jesús Orlando Molina G., hereinafter referred to as "INADI", is hereby created as a deconcentrated entity ascribed to the Secretary of State in the Office of Health, which shall function with legal personality and its own patrimony, administrative, budgetary and financial autonomy. In its operations, the National Institute of Diabetics (INADI) is governed by the provisions of the Health Code, this Law and its regulations, and by other applicable laws. The provisions of this Law are of public order and of social interest.

The National Institute of Diabetics (INADI) has its domicile in the capital of the Republic, and may, in order to fulfill its objectives, establish operative units throughout the national territory. CHAPTER II OBJECTIVES

The National Institute of Diabetics (INADI) is established for the purpose of conducting integral activities of research, prevention, promotion, diagnosis and treatment of diabetes diseases. To achieve these objectives, it has the following functions and powers:

• 1)

  To design and propose for formulation, approval and execution through the Secretary of State in the Office of Health, policies, strategies, plans, programs and particular goals derived from its functions;

• 2)

  To formulate administrative, budgetary and annual and multi-year planning instruments corresponding to its activities for their inclusion in the corresponding fiscal exercises of the General Budget of Income and Expenses of the Republic and Annual and Multi-year Operating Plans;

• 3)

  To execute patient treatment programs and clinical procedures, laboratory facilities and actions for specialized diagnosis and comprehensive diabetes care in medical consultations, examinations and other clinical treatments;

• 4)

  To carry out directly or indirectly clinical and pharmaceutical research and experimentation activities, control and statistical records, which allow identifying the nature, risk factors, cultural incidence, demographic incidence, efficacy in patient treatment and other aspects of scientific, cultural and social order that contribute to the cure or reduction of diseases and their sequelae;

• 5)

  To establish special programs and preventive campaigns aimed at reducing risk factors that generate the incidence of diseases. To promote population education regarding healthy habits, especially those related to diet, general care and preventive medical control that lead to early detection of diabetes disease;

• 6)

  To promote the holding of congresses, conferences, scientific enclave meetings and other events that contribute to achieving the objectives of this Law;

• 7)

  To conduct, in coordination with and in support of the Secretary of State in the Office of Health, inspection activities related to its functions and objectives in public and private clinical care facilities and to report to such Institution on actions taken; likewise, to report any irregularity or violation of health legal provisions of which it becomes aware and, where applicable, to request its intervention to remedy the irregularities detected;

• 8)

  To plan and establish the organization of human resources, technical facilities, appropriate technology and other resources available at the national level in the public and private sectors in order to provide appropriate care and reduce incidence rates comprehensively;

• 9)

  To issue prior opinion regarding authorization of installation and operation of clinical facilities, hospitals, care units, laboratories and other public and private facilities included in the specialization of this Law;

• 10)

  To prepare an annual report for the Presidency of the Republic on the progress and results of its operations and the context of diabetes disease control. Likewise, to establish an electronic information system for the citizenry;

• 11)

  To establish agreements and inter-institutional coordination programs with municipalities and public sector entities regarding activities and plans related to its objectives; in the same manner, to enter into agreements with other national and international organizations;

• 12)

  To regulate its internal functioning. To establish clinics, wards, laboratories for diagnoses and other facilities within the national territory;

• 13)

  To bid for the acquisition of its own goods, scientific and clinical services and to participate by issuing technical opinion in bidding processes of other public agencies linked to the provisions of this Law; and,

• 14)

  Other functions related to its objectives as determined by the Secretary of State in the Office of Health. CHAPTER III ADMINISTRATION

For its administration, direction and execution, the National Institute of Diabetics (INADI) shall be supported by the following organs: 1) Board of Directors; and, 2) General Management In the fulfillment of its objectives, the National Institute of Diabetics (INADI) shall be supported by all organisms and entities of the Public Administration; especially by the Secretary of State in the Office of Health, other entities that comprise its Board of Directors, and those other public entities linked to its objectives.

The Board of Directors is the superior governing body that directs the general administration of the National Institute of Diabetics (INADI); it is composed of five (5) members, as follows: 1) The head of the Secretary of State in the Office of Health; 2) The head of the Secretary of State in the Office of Education; 3) The head of the Secretary of State in the Office of Social Development; 4) The President of the Association of Municipalities of Honduras (AHMON), or the member of the Board of Directors he designates; and, 5) The Rector of the National Autonomous University of Honduras (UNAH) and, in his absence, the Dean of the Faculty of Medicine. The Board of Directors shall be presided over by the head of the Secretary of State in the Office of Health or his legal substitute; the other State Secretaries may delegate their representation to the Undersecretary linked to the activity of the National Institute of Diabetics (INADI). The Board of Directors shall be complemented in the capacity of advisors, with right to voice only:

• 1)

  A member designated by the Medical College of Honduras;

• 2)

  A member designated by Private Universities;

• 3)

  A member designated by the Society of Endocrinology;

• 4)

  A member designated by the Honduran Diabetes Foundation; and,

• 5)

  A member designated by the National Association of Diabetics of Honduras. In the voting of the Board of Directors, if there is a tie, the Secretary of State in the Office of Health who acts as President shall have double vote. The Executive Director of the National Institute of Diabetics (INADI) shall act as Secretary of the Board of Directors with right to voice only. No member of the Board of Directors of the National Institute of Diabetics (INADI), whether principal or alternate designated by a public entity, shall receive per diem for attendance at sessions nor any other type of remuneration for personal services rendered to the Institution.

The powers of the Board of Directors of the National Institute of Diabetics (INADI) are:

• 1)

  To exercise General Administration of the Institute in accordance with this Law and its regulations, to exercise the legal representation of the National Institute of Diabetics (INADI) and to delegate it to the General Director or as deemed appropriate;

• 2)

  To approve the Operating Plan for the corresponding fiscal year, fully integrated with the budget for its inclusion in the General Budget of Income and Expenses of the Republic;

• 3)

  To solicit education regarding the Draft Regulation of this Law that is issued by the Executive Branch, through the Secretary of State in the Office of Health;

• 4)

  To authorize the contracts of the Institute in accordance with the laws of the country;

• 5)

  To approve bequests, inheritances, donations, transfers, exchanges, contracts and acquisitions of movable and immovable property of the Institute in accordance with the laws;

• 6)

  To approve, if appropriate, the projects, programs and plans presented by the General Director for the fulfillment of the Institute's objectives;

• 7)

  To propose to the President of the Republic the appointment or removal from office of the Director and Subdirector of the Institute;

• 8)

  To approve the internal regulations necessary for the functioning and fulfillment of the Institute's objectives;

• 9)

  All other powers that, in accordance with the Institute's objectives, do not correspond exclusively to other organs of the State.

General Management is the executive organ responsible for the immediate administration of the National Institute of Diabetics (INADI) before the Board of Directors for the proper and efficient functioning thereof. It shall be headed by a General Director assisted by a Deputy General Director in the functions that the former designates to him in accordance with this Law. The Deputy Director shall assume the functions in case of the absence of the Director.

The General Director and Deputy General Director shall be appointed by the President of the Republic, for a period of up to four (4) years, at the proposal of the Board of Directors, and may be appointed for successive periods. Both executives shall exercise their functions full-time and may not hold any other position, except those of a health care assistance nature and teaching positions that do not interfere with the Institute's working hours. To be Director and Deputy Director, the following is required:

• 1)

  To be Honduran by birth and in full enjoyment of civil and political rights;

• 2)

  To hold a title of higher education related to the social field and the Institute's objectives;

• 3)

  To possess five years of experience in the field of his profession and a minimum of three years of administrative experience;

• 4)

  To be an internist physician with a diploma and clinical experience in diabetes, preferably an Endocrinologist.

The powers of General Management are:

• 1)

  To ensure strict compliance with this Law and its Regulations, to execute annual operating plans of the Institute and to comply with the agreements and resolutions of the Board of Directors;

• 2)

  To prepare, in the month of May of each year, the draft of the Annual Operating Plan together with the draft Budget for the following period and to submit it for approval by the Board of Directors;

• 3)

  To prepare the draft Regulations of this Law, Special Regulations and Internal Regulations and to submit them to the Board of Directors;

• 4)

  To prepare the annual report of the Institute's activities and financial statements;

• 5)

  To prepare the draft programs that the Board of Directors must review for the fulfillment of the Institute's objectives and plans;

• 6)

  To propose to the Board of Directors salary increases and draft projects for expenses and travel allowances of the Institute's officials and personnel;

• 7)

  To appoint, contract and, if necessary, remove or sanction personnel under his jurisdiction, in accordance with this Law and its regulations and other applicable legal provisions;

• 8)

  To effect, with prior authorization of the Board of Directors, the opening or closure of deposits and bank accounts of the Institute, as well as the expenditures it makes through the Administrative Department;

• 9)

  To exercise the legal representation of INADI, by delegation of the Board of Directors;

• 10)

  To supervise the functioning and to request the closure of diabetic patient care centers as provided for in this law and to inform the Board of Directors in its next session about the actions taken for its final approval; to maintain a registry of authorized establishments;

• 11)

  To inform the Board of Directors in its Ordinary sessions about the most important matters related to the Institute's functioning and the progress of its plans and programs;

• 12)

  To perform the functions of Secretary of the Board of Directors and to participate in its deliberations without the right to vote;

• 13)

  To exercise the other functions and powers granted by this law, its regulations and the resolutions of the Board of Directors.

The Deputy Director has the following functions:

• 1)

  To substitute for the General Director in case of absence;

• 2)

  To direct, coordinate and supervise the formulation of the Annual Operating Plan and Budget of the Institute;

• 3)

  To coordinate and monitor within the Institute the compliance of technical, administrative, operative and budgetary activities;

• 4)

  To coordinate the preparation of the report on the technical, administrative and financial activities carried out by the Institute;

• 5)

  To propose to the Director the draft standards, directives and provisions necessary for the proper functioning of the Institute;

• 6)

  To represent the Institute in national or international meetings as the General Director may order;

• 7)

  To decide on matters whose knowledge is delegated to him by the General Director;

• 8)

  The others that the General Director may assign to him. The Deputy Director shall be appointed and removed by the President of the Republic at the proposal of the General Director and must have the same requirements to be General Director.

The Institute's personnel shall be appointed or contracted and, if required, removed from office by General Management under the requirements, obligations and rights set forth in this Law and those established in its regulations, in compliance with other laws and codes of the labor and administrative regime. CHAPTER IV ECONOMIC AND FINANCIAL REGIME

The patrimony of the Institute shall be composed of:

• 1)

  The annual allocation assigned to it in the General Budget of Income and Expenses of the Republic, which shall not be less than Forty Million Lempiras (L.40,000,000.00);

• 2)

  The income it receives from the services it provides;

• 3)

  The contributions made to it by other governmental or private organizations, national or foreign;

• 4)

  The donations, bequests, inheritances and assets, their products and sales transferred to it by the State and natural or legal persons, national or foreign, under any transferable title;

• 5)

  The transfer of funds and equipment from public or private institutions, as well as those arising from the subscription of assistance agreements (technical and financial) with international cooperation organizations;

• 6)

  Any others assigned in accordance with the Law. Inheritances, bequests and donations made to the Institute shall be exempt from the payment of taxes. CHAPTER V FINAL, TRANSITORY AND REPEALING PROVISIONS

The Regulation of this law must be prepared within the six (6) months following from its entry into force.

From the entry into force of this law, the goods, financial resources, budgetary resources and any other process, General San Felipe Hospital assigned to the Diabetic Center, shall be incorporated into the Patrimony of INADI.

The personnel that are displaced or transferred as a result of the institutional restructuring ordered in this decree shall retain their stability and other acquired labor rights. The personnel currently working at the National Center of Diabetics Jesús Orlando Molina G. may continue to provide their services following evaluation.

BUDGET. For the constitution and initial functioning of the Institute, the Central Government shall contribute the amount of FIFTY MILLION LEMPIRAS. The Ministry of Health must take measures for the respective allocation in the General Budget of Income and Expenses of the Republic closest to the promulgation of this law.

FUNDS AND TRUSTS. The Ministry of Finance is authorized to establish Special Funds and, where appropriate, Trusts to manage resources aimed at achieving the objectives of this law.

EFFECTIVE DATE. This Decree shall enter into force on the day following its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-eighth day of the month of July in the year two thousand thirteen. MAURICIO OLIVA HERRERA PRESIDENT, FOR THE LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., September 30, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF HEALTH. JOSÉ SALVADOR PINEDA PINEDA Legislative Branch DECREE No. 218-2013 The National Congress: WHEREAS: That by means of Legislative Decree No. 230-2010 of November 4, 2010, the National Employment by Hour Program was approved as a Special Program of Emergency of a temporary nature, to support existing initiatives and prevent increases in unemployment and underemployment rates among the Honduran population during moments of economic crisis for the population. WHEREAS: That the entities in charge of the coordination, supervision, and control of the Program report satisfactory results as a consequence of its implementation, having allowed the generation of at least 157,014 jobs throughout the country, contributing to the reactivation of the country's economy which are the Micro, small and medium enterprises (MIPyMES) located in population clusters with greater employment problems, such as is the case of the youth population. WHEREAS: That the current conditions of the economy and the labor market, and the open unemployment rate that the country presents, make it imperative to continue supporting the execution of programs and projects that, on one hand, expand employment opportunities and on the other, promote the economic reactivation of work, and on the other, promote integrated economic reactivation, recognizing this as the most appropriate mechanism for dynamizing and substantially expanding the labor market and improving the living conditions of Hondurans. THEREFORE, IT DECREES: