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

The Administration shall have the powers that are necessary and convenient to carry out the purposes and provisions of this chapter, including the following, without it being understood as a limitation:
(a) Adopt, alter and use the Official Seal of the Mental Health and Addiction Services Administration.
(b) License, supervise, keep and maintain a public registry of all public as well as private institutions, organizations and facilities engaged in providing services for the prevention or treatment of mental disorders, addiction to drugs and alcoholism.
(c) Request the court of competent jurisdiction to issue judicial orders to prevent or restrict the operations of facilities that are operating without holding the license required by this chapter, or in violation of the applicable regulations.
(d) Prepare a separate, confidential registry of drug addiction and alcoholism patients, and mental health patients, when deemed necessary for treatment, investigation, and statistical purposes, through regulations established by the Administrator. The reliability and confidentiality of all individual registries are guaranteed. Any non-therapeutic or scientific research use of said registries is forbidden. Any violation of the confidentiality of said registries shall be considered a felony and shall be punishable by imprisonment for one (1) year or a fine of five thousand dollars ($5,000), or both penalties in the discretion of the court.
(e) The clerks of the courts shall remit to the Administration, a copy of every judgment issued against any person for an infraction of the Controlled Substances Act of Puerto Rico, §§ 2101 et seq. of Title 24, in which it has been determined that the accused is addicted to narcotic drugs or dependent on depressing or stimulating drugs.
(f) To draft and implement any prevention, treatment or rehabilitation programs and establish quality controls therefor, that are needed to comply with the purposes of this chapter.
(g) Establish, administer and operate facilities or institutions to provide specialized non-medicated treatment addressed to persons with mental disorders, and substance addiction or dependency. Provided, That the Administration may establish, administer and operate facilities or institutions for the medicated treatment of persons suffering mental disorders, and substance addiction or dependency, upon prior and due authorization of the Secretary of Health.
(h) Lease or sub-lease real and movable property for its own use and lease or sub-lease real and movable property to private institutions or organizations duly-licensed by the Administration, devoted to the prevention, treatment, and rehabilitation of persons with mental disorders, addiction or dependence on substances; assign the use or possession of real and movable property to private, non-profit institutions or organizations devoted to the prevention, treatment, and rehabilitation of persons with mental disorders, addiction or dependence on substances. Any assignment shall be made pursuant to the provisions of applicable laws and regulations. Before disposing of the assets in the authorized manner, the Administrator shall evaluate the institution or organization in question and the program it executes, as well as the services it renders to the community in general and the affected population. The lease, sub-lease or assignment shall be subject to the norms and conditions fixed by the Administrator.
(i) Enter into contracts and agreements with departments, agencies, corporations, bodies and municipalities of the Commonwealth of Puerto Rico, the several states of the Union and the Government of the United States, and with profitable or non-profitable private institutions, when it is determined that it is necessary in order to attain the objectives of this chapter.
(j) Procure, accept and receive gifts or assistance in cash, goods or services.
(k) The Administration shall have the power to generate its own resources and collect from third parties for services rendered. The funds thus collected shall be covered into the Mental Health and Addiction Services Administration’s fund in recovery of operating costs incurred. Funds collected under this provision shall be used in accordance with the priorities established by the Administrator to supplement the personnel’s compensation or improve the Administration’s services and facilities.
(l) The Administration shall also be responsible for handling the problem of the use of cigarettes or tobacco products by minors and shall include within its prevention program the education and orientation to minors on the risks involved in the use of said harmful substances, in order to reduce the use thereof by minors.
History —Aug. 7, 1993, No. 67, § 6; Jan. 8, 1994, No. 2, § 1.