CCSS opens disciplinary process against doctor for competing while on medical leave

The Costa Rican Social Security Fund (CCSS) issued the administrative resolution for the transfer of charges ASGUAR-DM-0286-2026, by which it opens a disciplinary proceeding against Dr. Daniel de Jesús Navarro Morales (ID 304930097), assistant physician of the El Guarco Health Area, for competing for a medical specialty while on sick leave. The document, processed under case file JURIX 26-00003-2392-ODIS, was first published in La Gaceta No. 170 on Wednesday, September 9, 2026 (p. 125).

The proceeding is initiated based on the provisions of Article 306 of the General Law of Public Administration and the investigation opened by the Medical Directorate of the El Guarco Health Area via official letter ASGUAR-DM-0287-2026 dated September 1, 2026. The directing body, constituted in accordance with Articles 98 and 118 of the Labor Relations Regulations, seeks to verify the actual truth of the facts and, if the participation of the investigated party is confirmed, establish their disciplinary responsibility.

The Imputed Facts

According to the resolution, the physician allegedly engaged in two behaviors while on leave under voucher A00210126018197, for the period from June 6 to July 15, 2026 (forty days), granted by Dr. Isaac Esteban Tames Orozco (Professional Code 11604), a Nephrology specialist at the Dr. Rafael Ángel Calderón Guardia Hospital:

• On July 5, 2026, he took a written exam at the Rodrigo Facio Campus of the University of Costa Rica (UCR), competing for the Medical Specialty in Dermatology (Competition 2026-2027 CENDEISSS/UCR).
• On July 10, 2026, he took a practical exam at the facilities of the Center for Strategic Development and Information in Health and Social Security (CENDEISSS), despite being disabled from such an act, both during and outside ordinary working hours.

The initial complaint came from Dr. Brenda Leiva Villalobos, a physician in the Emergency Service of the El Guarco Health Area. The investigation was supported by certification PPEM-2539-2026 dated August 12, 2026, issued by Dr. Mario Alberto Quesada Arce, director of CENDEISSS, which confirmed the physician’s participation in the competition.

Imputation and Legal Basis

The official is imputed, as the presumed responsible party, with damage to the institutional image, loss of trust, abandonment of work, and failure to adhere to the principles of good faith, loyalty, efficiency, probity, responsibility, integrity, dignity, and respect, as well as negligent and imprudent conduct. The legal basis includes:

• Article 71 of the Labor Code.
• Articles 46, 48, 50, 53, and 77 of the Internal Labor Regulations of the CCSS.
• Articles 6, 8, 9, 10, 11, 14, 15, and 24 of the Code of Ethics for CCSS Officials.
• Articles 11, 111, 113, 114, and 210 to 214 of the General Law of Public Administration.
• Articles 39, 41, and 43 of the Internal Control Law and articles 3, 9, and 16 of the Code of Medical Morality.

If the facts are proven, the misconduct is classified as a SERIOUS OFFENSE, with a penalty that may range from a thirty-day suspension without pay to dismissal without labor liability.

Appearance and rights of the investigated party

Dr. Carlos Guillén Poveda (ID 304850647), Head of Pharmacy and directing officer of the procedure, summoned the investigated party and their legal representative to an oral and private appearance on September 24, 2026, at 8:30 a.m., in the session room of the Tejar Emergency Building of the El Guarco Health Area. The physician may seek counsel, offer exculpatory evidence, and testify or abstain, without their unjustified absence suspending the hearing. The resources of revocation and appeal are available against the resolution within five days following notification.

The publication of this notice of charges marks the formal beginning of a process that, if the misconduct is confirmed, could cost the physician his position at the CCSS. The case is relevant to the health sector and public officials, as it sets a precedent regarding the use of medical leave for academic activities and medical specialization competitions.

Source: La Gaceta — Official Gazette, No. 170, Wednesday, September 9, 2026, p. 125 (official reference: IN202601114999).