Doctors take to court the appointment of a nurse as head of the La Torre health center
The sentence, issued as a result of an appeal by the medical union Simebal and the COMIB, establishes that the position must be held by a doctor
PalmThe Superior Court of Justice of the Balearic Islands (TSJIB) has annulled the appointment of a nurse as coordinator of the La Torre health center (Manacor) in a ruling issued on March 25, 2026, following an appeal filed by the medical union Simebal of the Official College of Physicians of the Balearic Islands (COMIB). The resolution annuls the call made in 2019 by the manager of Primary Care of Mallorca to fill a position of management of a Basic Health Zone (ZBS). The affected nurse had been directing the center for six years with the consensus of the entire health team of the center, including the doctors, who considered her to be the most suitable person. Authorized health sources do not understand the logical reasoning that a nurse cannot direct a health center, but can assume the management of a hospital, as happens, for example, in the case of Son Llàtzer Hospital. The same sources recall that, when the former Minister of Health, Patrícia Gómez, a nurse by profession, took office, her worth was also questioned because she was not a doctor.
According to Simebal, the ruling annuls “the resolution of September 13, 2019, of the Manager of Primary Care of Mallorca that called for the coverage of the position of director of a basic health zone of the La Torre health center”, one of the various calls that “were challenged at the time by the Official College of Physicians of the Balearic Islands (COMIB) and by Simebal for considering them contrary to Decree 39/2006”.
Nurses respond
Following the resolution, the Official College of Nurses of the Balearic Islands (Coiba) and the Balearic Association of Community Nursing (ABIC) have expressed their disagreement with the criterion adopted by the court and have called for a review of the model. Despite this, they have wanted to make their position clear. "Our objective is not, in any case, to generate confrontation between healthcare professionals. Quite the contrary, we defend a model based on collaboration, mutual respect, and joint work, essential pillars for guaranteeing quality healthcare for the citizenry."
The nursing entities maintain that the management of Primary Care teams is essentially a management function: “The organization and management of Primary Care teams constitute functions of a fundamentally managerial and organizational nature, aimed at coordinating human, material, and care resources, and not exclusively at medical clinical practice”. Therefore, they argue that “these functions must be linked to specific competencies in healthcare management, leadership, planning, decision-making, and teamwork, regardless of professional qualifications”.
In their positioning, Coiba and ABIC also emphasize the evolution of the healthcare system towards multidisciplinary models: “The current reality of the healthcare system demonstrates a multidisciplinary care model, in which different healthcare professionals, and in particular nurses, have strengthened their leadership in clinical and organizational areas". Likewise, they recall that “we have nurses who exercise management functions in basic health areas, as well as in management and care sub-director positions, and who carry out their functions with full normality, effectiveness, and institutional recognition”.
Entities also question the legal framework that underpins the judicial decision and warn that “many restrictive interpretations, such as those included in the aforementioned ruling, are based on the Law on the Organization of Health Professions (LOPS), approved in 2003”. In this regard, they point out that “it is a regulation that responds to a very different health context from the current one” and alert that “basing current organizational decisions on a regulation over two decades old [...] can lead to conclusions that do not adequately reflect the real functioning of the health system or its future needs.” Therefore, they conclude: “It is urgent to adapt the regulation, currently obsolete, to the current reality to prevent it from happening again.
In compliance with the regulations
For its part, Simebal argues that the ruling confirms the correct interpretation of the current regulatory framework. The union recalls that Decree 39/2006 establishes an organization based on three figures – ZBS management, nursing manager, and admissions manager – and that the management's functions include “the control and coordination of the activities and programs of medical professionals and the assumption of medical responsibilities, including the evaluation of medical prescriptions”. In this context, the judicial ruling concludes that “it is not reasonable for this position to fall to a person who is not a medical practitioner”.
Furthermore, Simebal emphasizes that the TSJIB's decision is in line with the Supreme Court's doctrine, and cites the ruling of April 17, 2023, which states that “if the competent Administration in regulating the organization and governance of the EAPs opts to entrust their direction or coordination to healthcare personnel – in case of actions –, it is reasonable for this function to fall to the doctor in coherence with their healthcare role and professional qualification, as they are responsible for the direction and evaluation of the overall development of the healthcare process…”.
The union also highlights that the judicial process “was public and involved IB-Salut, Coiba, and SATSE”, and considers that “the outcome of the process was more than predictable” given the existing jurisprudence. Finally, it criticizes the Administration's actions: “It is regrettable that the Primary Care Management did not anticipate the problem” and “much more regrettable that once the ruling has been issued, it tries to pit professionals against each other instead of accepting its responsibility and offering solutions”.
