reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3844 - Access

Any cemetery built after the effective date of this act shall provide a primary access road with a proper turnaround for vehicles to allow traffic in both directions.
History —Sept. 15, 2012, No. 258, § 8.04.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3845 - Administrative facilities

Every cemetery shall have the following facilities:
(1) An office with a fireproof safe for keeping cemetery plans, a register of the deceased by lot, and the casket register.
(2) Equipment storage room.
(3) Separate bathrooms for men and women.
(4) A changing room with shower.
History —Sept. 15, 2012, No. 258, § 8.05.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3846 - Structures

The construction of above-ground tombs, crypts, or mausoleums shall require the authorization of the Permit Management Office endorsed by the Department of Health.
History —Sept. 15, 2012, No. 258, § 8.06.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3847 - Repairs

When a niche, tomb, crypt, mausoleum, headstone, or any other structure within a cemetery requires any repairs, the Secretary of the Department of Health may require the owners to perform such repair work. If such repairs are not completed within the timeframe established by the Secretary, the Secretary may direct the cemetery’s management to conduct the repairs and bill the person or entity responsible for said work. As part of the contract, the cemetery shall be required to notify this information in writing to the owners.
History —Sept. 15, 2012, No. 258, § 8.07.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3848 - Maintenance

The owner or administrator of any cemetery shall keep said facility clean and in perfect sanitary conditions.
History —Sept. 15, 2012, No. 258, § 8.09.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3849 - Closing and reopening

The Secretary of the Department of Health shall be empowered to close down a cemetery for noncompliance with the regulations approved for such purposes. The reopening of a closed-down cemetery shall not be considered until five (5) years have elapsed after the closing date.
History —Sept. 15, 2012, No. 258, § 8.09.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3850 - Private cemeteries; contracts; regulations

Any contract for burial plot entered into with a private cemetery, whether for the sale, usufruct, emphyteusis, leasing, or any other type of conveyance of deed or ownership, as well as contracts for maintenance or interment services, or installment payment plan shall be governed by the Puerto Rico Civil Code and the regulations adopted to such effect by the Secretary of the Department of Consumer Affairs.
History Sept. 15, 2012, No. 258, —Sept. 15, 2012, No. 258, § 8.10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3851 - Ossuaries

The Secretary of the Department of Health shall provide, through regulations, all that pertains to the maintenance of ossuaries in cemeteries. The deposit of bones originating from exhumations or from any other source into open ossuaries is hereby prohibited.
History —Sept. 15, 2012, No. 258, § 8.11.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter VIII - Cemeteries (§§ 3841 — 3852) › § 3852 - Interments in a cemetery; special concessions

Interments shall be carried out by duly authorized cemeteries. The Secretary of the Department of Health may grant authorization for interment in a specific location outside of a cemetery when just cause is shown and by means of a special permit.
History —Sept. 15, 2012, No. 258, § 8.12.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3861 - Crematory

The design, construction, opening, and operation of a crematory shall require the authorization of the Permit Management Office, the Department of Health, the Environmental Quality Board, the Puerto Rico Firefighter Corps, and the Public Service Commission.
History —Sept. 15, 2012, No. 258, § 9.01.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3862 - Director of the crematory

The Director of the Crematory shall be in charge of the operations of said facilities. The Director shall be a duly qualified professional certified by the Secretary of the Department of Health. Said director must have completed a technical-vocational course in mortuary science or similar course, previously approved by the Secretary of the Department of Health. Said director shall furnish proof of his moral character, including a criminal record certificate issued by the Superintendent of the Puerto Rico Police. The operator of the cremation equipment shall be certified as such by the equipment manufacturer.
History —Sept. 15, 2012, No. 258, § 9.02.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3863 - Crematory; facilities

Every crematory shall have the following facilities:
(1) A cremation furnace.
(2) A facility to keep human remains prior to cremation.
(3) A refrigeration system to keep human remains prior to cremation.
(4) An electric power generator to ensure electric power supply in case of emergencies.
History —Sept. 15, 2012, No. 258, § 9.03.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3864 - Register

Every crematory shall keep a record of the following information on every cremated remains:
(1) Full name, including alias or nickname.
(2) Date, time, and place of death.
(3) Person who received the human remains at the crematory, with the date and time of receipt.
(4) Description of the container or casket where the human remains were received, including the serial number of the Casket Register.
(5) Date, time, and name of the person that performs the cremation.
(6) Specifications of the container or receptacle where the human remains were cremated.
(7) Name of the person to whom the cremated remains were delivered.
Such register shall be available to the staff of the Department of Health during business hours, and a copy thereof shall be submitted to the Department every calendar year, within the first ninety (90) days of the following calendar year. The Crematory shall keep such register for a period of not less than five (5) years. The Director of the Crematory shall be responsible for keeping all the registries required by the Department of Health and the Environmental Quality Board in the operating permit.
History —Sept. 15, 2012, No. 258, § 9.04.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3865 - Cremation—Authorization

An authorization from the Secretary of the Department of Health is required to perform the cremation of human remains. A signed petition from the interested party is required for the issuance of such authorization. If there is no interested party, the Secretary may issue an authorization upon request from the Director of the Crematory. An authorization may also be issued by submitting a certificate issued by the Institute of Forensic Sciences duly signed by the physician who performed the autopsy, examined the remains or the medical record or death certificate stating the illness or immediate cause of death; or upon petition from the Prosecutor’s Office of the Department of Justice. No human remains shall be embalmed without previous authorization from the Institute of Forensic Sciences.
History —Sept. 15, 2012, No. 258, § 9.05.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3866 - Cremation—Timeframes

To cremate human remains, at least forty-eight (48) hours must have elapsed from the time of death, except under the following circumstances:
(1) When human remains show early signs of decomposition in the judgment of the director of the crematory.
(2) When the Prosecutor’s Office has investigated the death before forty-eight (48) hours from the death have elapsed, in which case the prosecutor in charge of the investigation may request the authorization to conduct the cremation.
History —Sept. 15, 2012, No. 258, § 9.06.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3867 - Columbariums and urns: definition

(a) Columbarium.— A niche or group of niches where inurned cremated remains are entombed.
(b) Urn.— A container, chest, or box made of various materials designed to hold cremated remains.
History —Sept. 15, 2012, No. 258, § 9.07.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3868 - Columbariums: facilities and structures

Columbariums shall be enclosed with glass or other material to protect the urns entombed therein. Every columbarium shall be duly identified with the name of the decedent whose cremated remains are entombed therein.
History —Sept. 15, 2012, No. 258, § 9.08.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter IX - Cremation (§§ 3861 — 3869) › § 3869 - Costs or prices of goods and services; duty to disclose information

Every business or establishment engaged in the rendering of cremation goods and services shall provide every client with a list of the prices or costs of goods or services offered.
History —Sept. 15, 2012, No. 258, § 9.09.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter X - Exhumation of Human Remains (§§ 3871 — 3873) › § 3871 - Management

The exhumation of human remains shall be carried out under the direction of the cemetery director or administrator and a duly certified environmental health representative.
History —Sept. 15, 2012, No. 258, § 10.01.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter X - Exhumation of Human Remains (§§ 3871 — 3873) › § 3872 - Exhumation; timeframes; exceptions

Human remains may be exhumed, provided that, not less than five (5) years have elapsed since the interment, except under the following circumstances:
(1) When the human remains to be exhumed have been embalmed.
(2) When the Secretary of the Department of Health authorizes the exhumation at the request of federal or Commonwealth authorities due to compelling public, investigative, personal, or medical-legal needs.
(3) When the United States District Court for the District of Puerto Rico or the General Court of Justice of Puerto Rico issues an order therefor.
(4) When a municipal government intends to exhume various human remains due to compelling public needs. In such case, the mayor shall file a petition with the Secretary of the Department of Health, including the following:
(a) A certified copy of the ordinance or resolution from the Municipal Legislature, stating in detail the public need that warrants the proposed exhumation.
(b) The name of the deceased whose exhumation is proposed.
(c) A copy of the public notice published one (1) day of the first week of each month, for two (2) consecutive months, in a newspaper of general circulation in Puerto Rico. The public notice shall include the names of the deceased whose exhumation is proposed. In said public notice, any potentially affected persons shall be advised of the thirty (30)-day period from the date of the last publication during which a claim may be filed with the municipal government regarding the proposed exhumation.
(d) Photographs of the cemetery area where the exhumation shall take place.
History —Sept. 15, 2012, No. 258, § 10.02.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter X - Exhumation of Human Remains (§§ 3871 — 3873) › § 3873 - Transportation of bones outside the cemetery

Exhumed bones may be transported to crypts, ossuaries, or tombs located outside the cemetery, provided that, said facilities have been previously approved by the Secretary of the Department of Health and the Permit Management Office. Said bones may also be transported to a crematory for cremation.
History —Sept. 15, 2012, No. 258, § 10.03.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter XI - Rulemaking Authority (§§ 3881 — 3886) › § 3881 - Regulations by the Secretary of the Department of Health

The Secretary of the Department of Health shall adopt regulations to enforce the provisions of this chapter in consultation with the Permit Management Office and the Environmental Quality Board, except for the provisions of §§ 3792, 3805, 3813(3), 3841-3844, 3846, 3850 and 3869 of this title.
The Secretary of the Department of Health shall impose sanctions for any violation of these regulations, in accordance with the provisions of Section 33 of Act No. 81 of March 14, 1912, as amended.
History —Sept. 15, 2012, No. 258, § 11.01.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter XI - Rulemaking Authority (§§ 3881 — 3886) › § 3882 - Regulations by the Secretary of the Department of Consumer Affairs

The Secretary of the Department of Consumer Affairs shall adopt regulations to enforce the provisions of §§ 3805, 3850 and 3867 of this title. In doing so, the Secretary shall take into consideration the contents of the Federal Trade Commission Funeral Rule.
The Secretary of the Department of Consumer Affairs shall impose sanctions for any violation of these regulations, in accordance with the provisions of § 341q of Title 3.
History —Sept. 15, 2012, No. 258, § 11.02.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter XI - Rulemaking Authority (§§ 3881 — 3886) › § 3883 - Regulations by the Permit Management Office

The Permit Management Office shall adopt regulations to enforce the provisions of §§ 3841-3844 of this title.
The Permit Management Office shall impose sanctions for any violation of these regulations, in accordance with the provisions of §§ 9011 et seq. of Title 23.
History —Sept. 15, 2012, No. 258, § 11.03.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter XI - Rulemaking Authority (§§ 3881 — 3886) › § 3884 - Regulations by the Public Service Commission

The Public Service Commission shall adopt regulations to enforce the provisions of § 3792 of this title.
The Public Service Commission shall impose sanctions for any violation of these regulations, in accordance with the provisions of § 1101 of Title 27.
History —Sept. 15, 2012, No. 258, § 11.04.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter XI - Rulemaking Authority (§§ 3881 — 3886) › § 3885 - Regulations by the Environmental Quality Board

The Environmental Quality Board shall adopt regulations to enforce the provisions of § 3813(3) of this title.
The Environmental Quality Board shall impose sanctions for any violation of these regulations, in accordance with the provisions of § 8002p of Title 12.
History —Sept. 15, 2012, No. 258, § 11.05.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter XI - Rulemaking Authority (§§ 3881 — 3886) › § 3886 - Adoption of regulations

The regulations provided in this subchapter shall be adopted and shall take effect within one hundred eighty (180) days from the date of approval of this act.
History —Sept. 15, 2012, No. 258, § 11.06.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › 3771 — 3891) › Subchapter XII - Transitory Provisions and Effectiveness (§ 3891) › § 3891 - Casket labeling

Every casket available for sale at the time of approval of this act shall be provisionally labeled for subsequent registration in the Casket Register, in accordance with regulations approved to such effect by the Secretary of the Department of Health.
History —Sept. 15, 2012, No. 258, § 12.01.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter I - General Provisions (§§ 6152 — 6152b) › § 6152a - Applicability of this chapter

This chapter shall apply to any person who needs, requests, receives or has received mental healthcare services, including services for any abuse or dependency-related disorder and substance (drugs and/or alcohol)-induced disorders; to any public or private institution that plans, administers or coordinates such services; and to any network of direct or indirect mental healthcare providers, including, but not limited to:
(a) Psychiatric hospitals, psychiatric wards, psychiatric hospitalization quarters or wards and/or psychiatric quarters or wards to treat addictions, or addiction medicine, in general hospitals or psychiatric hospitals that provide these services, as well as for-profit or nonprofit community-based organizations.
(b) Emergency rooms, partial hospitalization or day treatment, intensive outpatient treatment, and/or outpatient treatment, live-in treatment programs for minors and adults, and transitional services.
(c) Rehabilitation services.
(d) Community outreach services.
(e) Services administered and coordinated by indirect mental healthcare service providers.
(f) Mental healthcare administration and coordination under the Puerto Rico Government Health Plan and private plans.
History —Oct. 2, 2000, No. 408, § 1.05; Aug. 6, 2008, No. 183, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153 - Special considerations for persons with severe mental disorders

Populations with severe mental diseases, by level of intensity and multiple needs of their conditions, require particular and special attention regarding their mental health care systems in order to make the decision of participating in the treatment and continue with it, as well as to achieve and keep the stabilization of the symptoms and signs.
The considerations for persons with acute mental health disorders, that is adults, adolescents, children, by gender, according to the definitions established in mental diseases classification manuals in effect and federal regulations and structural criteria for services to these populations, are established in this Chapter pursuant to the provisions of Public Law 102-321 of June 10, 1992, as amended, known as the “Alcohol, Drug Abuse and Mental Health Services Administration Reorganization Act”.
History —Oct. 2, 2000, No. 408, § 2.01, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153a - Criteria for severe mental disorders in children and adolescents

The criteria that shall be considered for severe mental disorders in children and adolescents shall be the following:
(a) That he/she is less than eighteen (18) year old.
(b) That at the present time or during the past year, he/she has been diagnosed with a mental, emotional or behavioral disorder.
(c) That he/she complies with the criteria specified for treatment, pursuant to the Diagnostic and Statistical Manual of Mental Disorders — Fourth Revision (DSM IV), the ICD-10, or the manuals in effect at the time.
(d) That said disorder resulted from a functional disability that interferes or limits the child or minor’s ability [to] function with his/her family, in school or in the community.
History —Oct. 2, 2000, No. 408, § 2.02; Aug. 6, 2008, No. 183, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153b - Hospitalization or treatment without clinical criteria, prohibited

The lack of interest or the inability of the parent with legal or physical custody, the legal guardian or the person with physical custody or the duty to provide care and shelter to a person, shall not constitute grounds for having him/her placed in a mental healthcare hospital when he/she does not meet hospitalization criteria. If this should be the case, the director of the institution shall file a petition with the court to secure adequate care and shelter. The practice of hospitalizing a person when he/she does not meet adequate clinical criteria shall be penalized pursuant to the provisions of § 4796 of Title 33.
The criteria to be met by any person so that a court may order mandatory psychiatric treatment, be it on an outpatient basis or by hospitalization, are:
(a) Situations posing the imminent danger of the person inflicting harm upon him/herself or others or damaging property or whereby the person proves to be unable to make decisions or control his/her behavior.
In such a case, it shall be required to provide proof of the specific behavior within a time lapse that precedes the time of filing the petition; proof of the absence of less-intensive alternatives that could equally correct or improve the person’s symptoms and signs; and proof of the fact that the treatment or measure requested shall yield beneficial clinical results.
No person shall be placed involuntarily or receive mandatory treatment unless there is clear and convincing proof, to the court’s satisfaction, that there is a need for such placement or treatment, according to the criteria established in this section.
History —Oct. 2, 2000, No. 408, § 2.03; Aug. 6, 2008, No. 183, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153c - Certificate of specialized treatment in isolation, restriction and electroconvulsive therapy

Every mental health professional empowered by this chapter to order restriction, isolation or electroconvulsive therapy shall complete training in the use and application of these therapeutic methods, credited by the applicable certificate. The provisions of this section are subject to the regulations [that the Administration promulgates for these purposes].
History —Oct. 2, 2000, No. 408, § 2.04, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153d - Protocol requisite for the use of isolation, restriction and electroconvulsive therapy

Every entity that provides mental health hospital services that uses therapeutic isolation, restriction and electroconvulsive therapy procedures shall have a protocol that incorporates the best practices and standards in the treatment of persons with mental or emotional disorders, according to the parameters established by the medical organisms that regulate these therapeutic procedures, and pursuant to the requirements of the Administration.
History —Oct. 2, 2000, No. 408, § 2.05, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153e - Services manual

Every institution that provides ambulatory health services shall have a descriptive services manual, which shall include, as a minimum, the following:
(a) The criteria of admission that must be met any person who requests the services.
(b) The age and level of care of the applicants.
(c) The model of the individualized treatment, recovery and rehabilitation plan.
(d) The composition of the personnel the institution shall have, as well as their qualifications; Provided, That this section shall not apply in those cases of private mental health professional offices.
History —Oct. 2, 2000, No. 408, § 2.06, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153f - Notice of right to confidentiality

Insofar as the person who receives mental healthcare services is able to communicate rationally, the mental healthcare service provider shall notify him/her in writing and orally, at the time of the initial evaluation or as soon as possible after the same, of his/her right to confidentiality. He/She shall be also informed that any violation of the provisions that protect confidentiality is a crime, pursuant to the provisions of subsection (b) of § 6166g of this title, and he/she shall receive a written notice of the proper procedures to notify any case of violation. The notification required in this section shall be made to the parent with legal or physical custody, or to the legal guardian, in all cases in which mental healthcare services are provided to a minor or a disabled person.
The mental healthcare professional assigned through institutional regulation to notify as provided in this section shall include the contents of said notice in the clinical record, as well as the date and time when said notice was delivered, in a form provided by the Administration, which shall be signed by the recipient so that the form is understood to be completed. The direct mental healthcare service provider, whether an individual or an institution, shall notify the patient, if he/she has a health plan, that the indirect provider may access his/her clinical record to ascertain services rendered in order to pay for the same. In examining the record, the indirect provider shall not have access to the notes of the psychotherapist.
History —Oct. 2, 2000, No. 408, § 2.07; Aug. 6, 2008, No. 183, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153h - Reports

Any report that does not constitute a clinical record and contains direct or indirect information about the person who receives or has received mental health services shall use codes to refer to the person, and shall not include in any of its parts, any name nor nickname. This section does not prohibit the disclosure of information in those cases in which federal and state laws apply for the protection of the person who receives mental health services.
History —Oct. 2, 2000, No. 408, § 2.09, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153i - Express authorization; requirements

The express authorization required pursuant to this chapter shall meet the following requirements when the information is requested by third parties:
(a) The specific name of the institutional provider authorized to disclose the information;
(b) the name of the natural or juridical person authorized to receive the information;
(c) the name of the person who consents to the disclosure. When other than the person who receives mental healthcare services, a sworn statement shall be included stating the source of his/her authority to give consent;
(d) the specific information to be disclosed, which shall not include psychological testing protocols, information relative to other family members or to persons who have been involved in the treatment process, and/or notes containing the dialogue between the provider and the person who receives mental healthcare services during treatment sessions;
(e) the specific purpose for which the information requested and authorized shall be used, and the signature;
(f) the date when the consent is given;
(g) the date of expiration of the consent given, and any condition or event that would invalidate the consent upon its occurrence;
(h) notice of the fact that the participant may revoke the consent given at any time, and
(i) the signature of the person giving the consent.
The express authorization shall be made in a written document, which shall expire not later than twelve (12) months after the signature and date of issuance, without impairment of having the consent expiration date lapse at a shorter term or of the authorizer’s right to revoke said consent at any time.
History —Oct. 2, 2000, No. 408, § 2.10; Aug. 6, 2008, No. 183, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153j - Quality assurance system

Any institutional provider of mental healthcare system services shall have a quality assurance system for the services rendered, which shall assess and oversee that the quality of said services is maintained, as well as the adequate use of the procedures administered to patients pursuant to the best practices in the mental healthcare field and to that which is established in this chapter. This system shall oversee, study and keep the medical director and the medical faculty of the institutions informed on all matters relative to the services and practices implemented therein. The Administration shall specify through regulations the scope of these quality systems, compatible with the federal regulations for these populations.
It shall be the responsibility of the mental healthcare service providers to keep a compilation of basic statistical data that provide indicators of the incidence of mental disorders and substance abuse, according to the characteristics of the population. Said statistical data shall be informed to the Administration.
History —Oct. 2, 2000, No. 408, § 2.11; Aug. 6, 2008, No. 183, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153k - Patient guidance and complaint management offices

All mental healthcare service providers shall have offices for people to be offered guidance about their services. As pertains to services offered under the Puerto Rico Government Health Plan and by indirect providers, said offices shall be seated in centrally located places in the area of greater concurrence of the region. These offices shall process any complaint lodged by persons on the services they receive. Complaints are to be managed until the person’s need for services is satisfied. The offices established to provide guidance to patients and their families shall be the responsibility of the entities that administer, coordinate, and plan mental healthcare services for the Puerto Rico Government Health Plan and of indirect providers, and the Health Insurance Administration shall be responsible for overseeing compliance with this provision. As pertains to all other indirect providers, the Insurance Commissioner shall be responsible for overseeing compliance with this provision.
History —Oct. 2, 2000, No. 408, § 2.12; Aug. 6, 2008, No. 183, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153l - Clinical record

All institutional providers shall keep and conserve a precise, clear, and legible record on each person who receives mental healthcare services. Such record shall contain all the requirements established under the laws and regulations approved by the Secretary of Health, in addition to the following information:
(a) The circumstances under which the person was evaluated or admitted, depending on the case.
(b) The documentation required for the patient’s placement.
(c) The clinical findings made by a qualified professional who renders mental health services.
(d) The diagnosis and diagnostic impression.
(e) The individualized treatment, recovery and rehabilitation plan.
(f) The prognosis and estimated release date.
(g) Any change that may arise in his/her state.
(h) Notations to record any situation relative to the person’s treatment and management, contemporaneous with the date on which the service was rendered.
(i) Psychotherapy notes shall be deemed not to be a part of the clinical record.
The clinical record shall be the property of the person who receives mental healthcare services, and as provided in § 6153g of this title, he/she may receive a copy of the complete clinical record pursuant to the conditions set forth in said § 6153g of this title. The clinical record shall be held under the custody of the institutional provider, and shall not be removed from the same, except otherwise provided by a court order, or by written request and payment of the corresponding fees by the person who receives mental healthcare services. The director of the institution shall oversee its confidentiality. To that effect, the institution shall provide all the necessary resources to establish mechanisms to protect the confidentiality, disclosure, and the clinical information contained in the record against unlawful use, unauthorized access, and alteration.
In the event that the patient needs his/her record because he/she is moving to another place outside of Puerto Rico, or decides to change to another health providing service, the institution shall furnish said record to the new service provider by means of the express authorization mechanism provided for under this chapter.
History —Oct. 2, 2000, No. 408, § 2.13, renumbered as § 2.13(B) and amended on Aug. 6, 2008, No. 183, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153m - Duty to safeguard confidentiality

Unauthorized disclosure of information related to a person who receives mental healthcare services is hereby prohibited, including any third party who has received this information, be it verbally or in writing, upon express authorization, whether or not said information is contained in the record.
The person who receives mental healthcare services shall offer his/her express authorization, as defined in this chapter, for sending the information by fax. If accessibility of the information is through computerized or electronic systems, it shall be protected by security codes or any other acceptable security system, as provided for under § 6153k-1 of this title. The Administrator shall adopt regulations for said purposes. The person sending the information, as well as its recipient, shall comply with the regulations. It is furthermore prohibited to disclose information about the person with a mental disorder that has been supplied by a third party, and that may cause bodily injury or put at risk said party or another person.
The duty to safeguard the confidentiality of the information related to a person who receives mental healthcare services from any institutional provider shall apply to all those professionals that render said services, and to the support personnel, including indirect healthcare service providers. This duty shall extend to any person who is receiving or shall receive mental healthcare services, even after his/her death.
History —Oct. 2, 2000, No. 408, § 2.14; Aug. 6, 2008, No. 183, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153n - Prohibition to disclose to third party for all those who receive confidential information

Any person who receives confidential information is hereby prohibited from its disclosure to any third party if no express authorization has been given by the person who receives mental healthcare services.
Any confidential information disclosed under the terms of this chapter shall be accompanied by a document stating that the information disclosed is protected by the applicable federal and Commonwealth laws and regulations of confidentiality, and that the same prohibit the person who receives the information from its disclosure to a third party.
History —Oct. 2, 2000, No. 408, § 2.15; Aug. 6, 2008, No. 183, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153o - Disclosure to authorized personnel of the Juvenile and Criminal Justice System

When the person receives mental health treatment services as a condition established by a court for his/her probation, conditional release, etc., the providing institution may disclose to the personnel so authorized by the Criminal or Juvenile Justice System, as the case may be, only the information needed to carry out the supervision required to comply with the condition imposed by the court. The person who receives the information may only disclose it to comply with his/her official rights in relation to the condition imposed by the court.
History —Oct. 2, 2000, No. 408, § 2.16, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153p - Prohibition as to the use of identification cards

No mental health service provider shall require to the person who receives said services to carry an identification card or any other object that would identify him/her as a person who receives mental health services while outside the institution that provides said services.
History —Oct. 2, 2000, No. 408, § 2.17, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153s - Carrying weapons inside the institution

It is hereby prohibited to carry weapons inside any mental healthcare institution. This prohibition excludes Commonwealth police officers and armed security officers in extraordinary public safety conditions, as well as in methadone treatment centers and their mobile or in-house units. If no extraordinary public safety issues should arise so as to warrant the carrying of weapons inside a mental healthcare institution, Commonwealth police officers and other security officers shall be under the obligation to surrender their weapons to the administrator of the institution, who shall see to their safekeeping and return the same to such officers, once they have completed their business within the institution.
History —Oct. 2, 2000, No. 408, § 2.20; Aug. 6, 2008, No. 183, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153t - Adoption of rules and procedures

The director of each institutional provider shall adopt rules, regulations, and procedures as are necessary within the institution to assure compliance with all the provisions of this chapter, and the same may broaden or extend, but they may neither restrict nor impair the rights guaranteed to persons who receive mental health services. Provided, however, That the director of each institution shall adopt and comply with the protocol to intervene with persons who receive the mental health services established by the act.
All rules and procedures relating to the implementation of this chapter shall be revised annually. Said process shall be documented and shall be part of the licensing requirements for all institutional providers.
History —Oct. 2, 2000, No. 408, § 2.21; Aug. 6, 2008, No. 183, § 18; May 17, 2012, No. 88, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter II - General Responsibilities of Mental Health Service Providers and General Provisions for Adults and Minors (§§ 6153 — 6153y) › § 6153u - Reconsideration of determination of admission, transfer, release or change of status

All providing institutions shall develop and implement a procedure for reconsidering and revising all clinical determinations.
When a person is denied entrance or admission, or is notified that he/she shall be transferred or released, or that his/her condition shall change and opposes to it, the director of the institution shall inform the person of the procedure to follow. This procedure shall include the following:
(a) Once the person is notified of the determination, or in the case of a minor, his/her parent with patria potestas or custody or the legal guardian, he/she shall have the right to request from the director, or his/her representative, a written reconsideration of the same, within the next twenty-four (24) hours.
(b) The director or his/her representative shall evaluate and make a determination within twelve (12) hours after the written reconsideration is received and shall inform his/her decision to the petitioner.
(c) If the person is not satisfied with the determination made by the director or his/her representative, he/she may file a request for review before the Review Committee of the institution that offers mental health services.
In case of an indirect mental health service provider, the procedures established for said entities shall apply.
History —Oct. 2, 2000, No. 408, § 2.22, eff. 90 days after Oct. 2, 2000.