P.R. Laws tit. 8, § 483

2019-02-20 00:00:00+00
§ 483. Prohibitions—Entities providers of care service

(a) No entity that provides care services may contract, employ, or use in any capacity, through remuneration or for free, any provider of such services unless he or she has previously presented in a certification indicating that he or she is not registered in the Registry of persons convicted of sex crimes and child abuse created by Act No. 28 of July 1, 1997, or in the Criminal Justice Information System created by §§ 531 et seq. of Title 4, as convicted of any violent sex crime or child abuse, or any of the crimes previously listed in § 482 of this title.

(b) Any entity that provides care services shall keep the necessary records to verify that said entity is in compliance with the provisions of this section.

The absence or non-existence of such records or any deficiency therein shall constitute prima facie evidence that said entity has failed to comply with this requirement, and shall constitute, besides the crime typified in § 485 of this title, an administrative fault consisting of the failure to comply with the necessary administrative regulations for the operation of said entity.

(c) The Department of Health and the Department of the Family shall incorporate the verification of compliance with the provisions of this section in their respective regulations related to the certification, authorization, or issue of licenses or operating permits for entities that provide care services.

(d) The determination of the Department of Health or the Department of the Family through an administrative process carried out according to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”, that any entity that provides care services under its supervision and regulations has incurred the administrative fault described in subsection (b) of this section, shall be sufficient cause, on the first occasion, for the suspension of the certification, authorization, license, or operating permit of said entity; on a second or subsequent occasion, said determination shall be cause enough for the revocation of the certification, authorization, license, or operating permit of said entity.

History —Sept. 2, 1999, No. 300, § 5, eff. 180 days after Sept. 2, 1999.