2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 18A - Mental Health and Addiction Services Administration (§§ 402 — 402s) › § 402g - Administrator

The operations and functions of the Administration shall be coordinated by an Administrator appointed by the Secretary, who shall fix his/her salary.
The person who fills the position of Administrator shall have sufficient knowledge and experience in the field of behavioral science, and administrative skills that will qualify him/her to enforce the public policy related to mental health and addiction.
The Administrator shall carry out the following duties and functions:
(a) Exercise the nominating function, being empowered hereby to appoint, contract, transfer, remove and assign responsibilities and confer faculties on the Administration’s personnel based on criteria that propitiate the most efficient use of all resources.
(b) Delegate on subordinates those faculties, powers, duties and responsibilities he/she deems convenient to expedite the administrative duties and rendering of services.
(c) Contract personnel from other departments and agencies, instrumentalities, public corporations and municipalities, outside of regular working hours, who are indispensable for the operation of the Administration and its programs, in the fields of psychiatry, psychology, social work, rehabilitation counseling, vocational training, medical technology, occupational therapy and chemistry, without being subject to the provisions in § 551 of this title, with the prior authorization of the head of the corresponding government body.
With regard to the contracting of technical and specialized personnel from other agencies, the Administrator shall contact the Central Personnel Administration Office and the Employment Service, leaving written evidence of its efforts to recruit the necessary personnel for the Administration’s programs, and the impossibility to find said personnel outside of the government agencies.
(d) Perform studies and investigations of a social, technical and scientific nature that are needed to perform their functions and to advise public and private institutions and organizations. For this purpose, a research and training institute shall be established and shall operate within the Administration.
(e) Promulgate, amend and repeal norms and regulations for the internal operation of the Administration, and those that are needed to enforce this chapter and the Administration’s programs.
(f) Procure, offer and assign through the parameters and procedures established by Regulations, whatever technical, professional and financial assistance is deemed necessary to coordinate, expand, improve and implement the prevention, treatment and rehabilitation programs carried out by private institutions and organizations. This assistance may be in the form of money, services, supplies, or the granting of real and movable property, free of charge. He/she shall also supervise, evaluate and control the use of Commonwealth funds in behalf of the institutions or organizations that receive financial aid or free grants by virtue of this chapter, or through legislative appropriations. At least one annual report shall be required from each organization that receives financial, technical or professional aid, which shall contain a breakdown of the use of the resources thus assigned. This report shall be public.
(g) Review and study legislation, regulations or administrative orders that govern the government functions, programs and bodies that have been transferred to the Administration, and submit the recommendations that he/she deems are necessary and convenient, to the Secretary.
(h) Request and obtain the cooperation of other departments, instrumentalities and public corporations or municipalities, with regard to the use of personnel, offices, equipment, supplies and others. These bodies are authorized to render said cooperation to the Administration.
(i) Establish and implement an intense and far-reaching education and orientation program in public and private schools and the community in general, on the biopsychosocial problems under its jurisdiction, and the mechanisms for prevention, treatment and rehabilitation.
(j) Draft and submit the budget request to the Office of Management and Budget, with the Secretary’s approval.
(k) Acquire in any way, the equipment, supplies, services and real and movable property that are needed for the operation of the Administration.
(l) Administrate any federal program which, in its nature, purpose and scope is related to the Administration’s functions. To such ends, it shall enter into whatever covenants and agreements are needed so that the Government of Puerto Rico can receive such funds and benefits.
(m) Enter into agreements with the corresponding government bodies of the various states of the Union and the federal government, for the exchange of information on programs, studies and research related to the functions which have been entrusted to it in this chapter.
(n) Establish, in coordination with the Secretary, such covenants, contracts and agreements leading to transfer [of] the operation of mental health or addiction programs and services to private non-profit or profitable entities, subject to applicable laws and regulations.
(o) Designate an Administration official as his/her representative on the Transfer Committee.
(p) Compile, process the statistical data and render reports required by the U.S. Secretary of Health and Human Resources with respect to the prohibition of sale, distribution of cigarettes and tobacco products to minors under eighteen (18) years of age, when said reports are a requirement or condition for the granting of federal funds. Provided, That in the compliance of said functions, any source of information may be used whose accuracy and reliability cannot be reasonably doubted.
(q) As part of the powers necessary and convenient to carry out the purposes and provisions of this chapter, the Administrator shall also:
(1) Outline and direct the purposes of the strategic plan towards the control and prevention, treatment and rehabilitation from the use of drugs and other addictive substances, with special emphasis on prevention and treatment, for which purpose he/she shall design an all-encompassing program to be given extensive public diffusion through schools and other educational institutions on the Island, in order to dissuade the general population, especially the young population, from engaging in the detrimental habit of using illegal drugs and other addictive substances.
(2) Incorporate into the strategic plan the efforts undertaken in Puerto Rico, the United States of America, and other jurisdictions, after having evaluated their results and effectiveness, in agreement with the public policy of the Government of Puerto Rico.
(3) Coordinate the available resources and follow-up on the implementation of the public policy established for the control, prevention, treatment and rehabilitation efforts concerning the harmful use of drugs.
(4) Coordinate the plans of action and the efforts undertaken by the government bodies for controlling illegal drug trafficking and for the prevention, treatment, and education programs concerning the use and abuse of drugs and other addictive substances.
(5) Coordinate, evaluate and supervise the availability and use of the resources and compliance with the strategic plan by the agencies that implement programs and activities subject to the coordination of the Administration so that they may adjust to the public policy adopted. Furthermore, it shall coordinate the establishment of a technical support and assistance system to optimize the performance of said agencies.
(6) Advise the Governor and the Legislature about the mechanisms employed to reduce drug use and those established for the prevention, treatment, rehabilitation and education pertinent to the use and abuse of drugs and other addictive substances, and each January, he/she shall submit an annual report on the efforts made pursuant to this subsection to the Legislature and the Governor of Puerto Rico at the beginning of the first regular session of the year.
History —Aug. 7, 1993, No. 67, § 8; Jan. 8, 1994, No. 2, § 2; Aug. 13, 2005, No. 53, § 3.