Hospital ethics committees and ethics consultation: Resolution 13437 of 1991 and Resolution 813 of 2026
- Law
Every health institution has a hospital ethics committee that protects patients' rights and, since 2026, gives advisory opinions on ethical-clinical doubts.
What it is
The hospital ethics committee is a multidisciplinary body in every public or private health-service provider. Resolution 13437 of 1991 created it to publicise and watch over patients' rights, educate staff and the community, and channel complaints. Decree 1757 of 1994, now compiled in Decree 780 of 2016, widened its membership to include the institution's director and users' representatives. Resolution 813 of 2026 (art. 6) amended articles 2 and 3 of Resolution 13437: it added the function of giving advisory opinions in situations of ethical-clinical uncertainty and asked the committee to meet with a minimum multidisciplinary membership when limiting life-sustaining treatment is discussed. Its role is to advise: it does not decide for the doctor or the patient, and it is not the research ethics committee, which reviews study protocols.
Key articles
- Res. 13437 of 1991, art. 1: adopts the ten patients' rights (choosing a doctor, clear information, dignified treatment, confidentiality, refusing spiritual support, joining research or not, dying with dignity, among others).
- Res. 13437, art. 2 (as worded by Res. 813 of 2026): in every public or private provider, one medical representative, one nursing representative and two community delegates; an Indigenous representative where Indigenous communities are served.
- Res. 13437, art. 2, paragraph 2 (added in 2026): when there is ethical-clinical uncertainty about limiting life-sustaining treatment, the committee meets with a minimum multidisciplinary membership.
- Res. 13437, art. 3 (2026 wording): publicise rights, educate, ensure compliance, channel complaints and report irregularities, and give advisory opinions in ethical-clinical uncertainty (new item 5).
- Res. 13437, art. 4: meets at least once a month, and extraordinarily when two members call it, with signed minutes.
- Decree 780 of 2016, art. 2.10.1.1.14 (Decree 1757 of 1994): members are the director or a delegate, a medical and a nursing representative, two from the users' association and two community delegates, for three-year terms.
- Res. 813 of 2026, art. 7: the hospital ethics committee advises on ethical-clinical conflicts and acts in limitation of life-sustaining treatment; the Interdisciplinary Euthanasia Committee is a separate body that verifies eligibility.
What it covers
- What it is: an advisory and rights-monitoring body inside every health-service provider.
- Who sits on it: medical and nursing staff, the director or a delegate, users' representatives and community delegates.
- What it does: publicises patients' rights, educates, monitors compliance, channels complaints and, since 2026, gives advisory opinions.
- What it does not do: approve research (the research ethics committee's job) or verify eligibility for euthanasia (the Interdisciplinary Euthanasia Committee's job).
Three committees that are often confused
| Committee | Purpose | Rule |
|---|---|---|
| Hospital ethics | Patients' rights and opinions on ethical-clinical doubts | Res. 13437 of 1991, amended by Res. 813 of 2026 |
| Research ethics | Approves and monitors protocols with human participants | Res. 8430 of 1993 |
| Interdisciplinary euthanasia | Verifies eligibility for euthanasia | Res. 813 of 2026 |
In clinical practice
- A patient with advanced disease, a family asking to «do everything» and a team that finds further treatment disproportionate: the typical case for asking the committee for an opinion.
- The opinion guides; the decision remains with the capable patient (or the surrogate) and the treating doctor, and it is written in the medical record.
- Any team member can bring a question to the committee; it helps to present the clinical facts, the patient's preferences and the options, as in an ethics case analysis.
- Complaints about breaches of patients' rights also reach the committee, which channels them to the competent authorities.
Status and official text
- Official text verified on 2026-11-13 on minsalud.gov.co: Resolution 13437 of 1991 (Ministry PDF) and Resolution 813 of 2026 in Legal Bulletin No. 04 of 2026, section 2.2.6.
- Resolution 813 of 2026 (art. 6) partly amended arts. 2 and 3 of Resolution 13437 of 1991; its art. 75 says it applies from issue and repeals Resolutions 825 of 2018 and 971 of 2021.
- Decree 1757 of 1994 (arts. 15 and 16) also regulates these committees from the angle of social participation; it is compiled in Decree 780 of 2016, arts. 2.10.1.1.14 and 2.10.1.1.15.
- Law 1164 of 2007 (art. 38) names clinical bioethics committees among those who must see that ethics is applied in health care.
Test yourself
Think of the answer, then tap the question to see it.
Which function did Resolution 813 of 2026 add to hospital ethics committees?
Giving advisory opinions to guide clinical decisions when there is ethical-clinical uncertainty (new item 5 of art. 3 of Resolution 13437 of 1991).
Is the hospital ethics committee's opinion binding on the treating doctor?
No. It is advisory: it guides the decision, which remains with the capable patient or the surrogate together with the doctor, and it must be written in the medical record.
Which rule created hospital ethics committees in Colombia?
Resolution 13437 of 1991 of the Ministry of Health, which also adopted the ten patients' rights.
How does the hospital ethics committee differ from the research ethics committee?
The hospital committee advises on clinical cases and protects patients' rights; the research committee approves and monitors study protocols with human participants (Resolution 8430 of 1993).
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Resolución 13437 de 1991, por la cual se constituyen los comités de Ética Hospitalaria y se adopta el Decálogo de los Derechos de los Pacientes (Ministerio de Salud y Protección Social, 1991); Boletín Jurídico No. 04 de 2026, section 2.2.6: Resolución 813 de 2026 (arts. 6, 7 and 75) (Ministerio de Salud y Protección Social, 2026); Decreto 780 de 2016, arts. 2.10.1.1.14 and 2.10.1.1.15 (compile Decree 1757 of 1994) (Ministerio de Salud y Protección Social, 2016).
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Representative model, for educational purposes only.