reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter V - Manufacture, Distribution and Dispensation of Medications (§§ 410 — 410o) › § 410n - License, certificate and authorization fees and effectiveness

(a) The licenses required under this subchapter shall be in effect for two (2) years from the date of issue and shall be renewed at staggered intervals, after having met the requirements and complied with the procedures to be established by regulation, and after having paid the corresponding fees.
(b) All license renewal applications shall be submitted not later than forty-five (45) days in advance of the date of expiration of the license.
(c) Any person who operates more than one establishment defined in this chapter shall apply for and obtain a separate license for each establishment.
(d) Licenses shall be nontransferable.
(e) The license shall be issued under the name of the owner or under the trade name applying for the same and it shall only apply to the establishment at the location stated on the license’s front. The license shall also specify the kind of establishment for which the same was granted, as defined in this chapter.
(f) The licenses, certificates and authorizations listed below shall be payable at the following fees, which shall be in effect from the date of approval of this act, until the Secretary establishes other fees by regulation:
(1) Medication registration certificate (each medication) $ 25.00
(2) Pharmaceutical industry license $ 500.00
(3) Wholesale medication distributor license $ 350.00
(4) Wholesaler drugstore license $ 350.00
(5) Representing agent license $ 200.00
(6) distributor license $ 100.00 Wholesale nonprescription medication
(7) distributor license $ 50.00 Retail nonprescription medication
(8) distributor license $ 100.00 Wholesale veterinary nonprescription medication
(9) distributor license $ 100.00 Wholesale veterinary prescription medication
(10) distributor license $ 75.00 Retail veterinary nonprescription medication
(11) Veterinary facility license $ 100.00
(12) Pharmacy license $ 100.00
(13) medications $ 25.00 radioactive medications, biological products, or sterile parenteral
(14) Drug cabinet license $ 50.00
(15) License to distribute and dispense biological products $ 75.00
(g) License fees shall be paid by money order or check payable to the order of the Secretary of the Treasury or by credit or debit card, following the norms and procedures set forth by the Secretary of the Treasury concerning this means of payment.
(h) The revenues collected from such fees shall be deposited into the Health Fund created under the provisions of Section 11-A of Act No. 26 of November 13, 1975, as amended, to be used exclusively by the Pharmacy Division in overseeing compliance with the provisions of this subchapter.
History —Sept. 3, 2004, No. 247, § 5.15.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter V - Manufacture, Distribution and Dispensation of Medications (§§ 410 — 410o) › § 410o - Granting, denial, suspension, cancellation or revocation of licenses, certificates or authorizations

(a) The Secretary is hereby conferred the exclusive power to grant, deny, suspend, cancel or revoke any of the licenses, certificates or authorizations required under this subchapter.
(b) The Secretary may suspend, cancel or revoke a license, a certificate or an authorization of any establishment engaged in the manufacture, distribution, dispensation and sale of medications or veterinary medications or of any drug cabinet when it is determined that:
(1) It does not meet the requirements and conditions provided for in this chapter and its regulations or in any other law of Puerto Rico or the United States which applies in terms of the management, control, preservation, distribution and dispensation of medications, devices and veterinary products.
(2) It is guilty of a violation of any law that applies in terms of the manufacture, distribution and dispensation of medications in Puerto Rico.
(3) It is operating without the presence and supervision of a pharmacist in cases which so require.
(4) It dispenses prescription medications without the direct or immediate supervision of a pharmacist.
(5) It refuses repeatedly and without justification to take certain measures or to correct any deficiency observed by inspector pharmacists.
(c) The Secretary shall direct the closedown of establishments who have had a license, certificate or authorization suspended, cancelled or revoked, and of those operating without a license, certificate or authorization as required by this chapter.
(d) Any procedure to grant, deny, suspend, cancel or revoke licenses, certificates or authorizations shall be governed by the provisions on adjudicative procedures established in §§ 2101 et seq. of Title 3, better known as the “Uniform [Administrative] Procedures Act”.
History —Sept. 3, 2004, No. 247, § 5.16.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VI - Administrative Provisions and Penalties (§§ 411 — 411f) › § 411 - Investigative and adjudicative procedures of the Board

(a) The Board, by its own initiative and when given grounds, or by complaint duly sworn to by any person with personal knowledge of the facts, or by formal complaint by the Secretary of Health, the Secretary of Justice or the College of Pharmacists of Puerto Rico may initiate any investigation or administrative procedure against a pharmacist or a pharmacy technician for a violation of the provisions of this chapter or the regulations adopted thereunder. Likewise, it may request the pertinent authorities to investigate any person who purports to be, advertises as or misrepresents him/herself as a pharmacist or a pharmacy technician, and to prosecute said person if the investigation shows that he/she does not hold a license or a certificate to practice as such.
(b) All investigative and adjudicative procedures arising before the Board shall be governed by the provisions and procedures established in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
(c) The Board may appoint an examining officer to preside administrative hearings and render a report that includes findings of fact and conclusions of law, as well as recommendations for remedies, pursuant to the evidence presented. The Board may adopt said recommendations or reach its own determination based on the full record of the case.
History —Sept. 3, 2004, No. 247, § 6.01.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VI - Administrative Provisions and Penalties (§§ 411 — 411f) › § 411a - Powers of the Secretary

(a) The Secretary of Health shall be responsible for enforcing and overseeing compliance with the provisions of this chapter. For that effect, he/she shall have the authority to investigate, inspect, summon witnesses, and approve and adopt rules and regulations as necessary in order to render the purposes of this chapter practicable.
(b) The Secretary may appoint examining officers to manage the administrative hearings that are to be held pursuant to this chapter, and who shall render their reports and recommendations to the Secretary.
History —Sept. 3, 2004, No. 247, § 6.02.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VI - Administrative Provisions and Penalties (§§ 411 — 411f) › § 411b - Medication and Pharmacy Division

(a) The Secretary may delegate the function of overseeing compliance with the provisions of Subchapter V of this chapter, as well as any other related functions, to the Medication and Pharmacy Division, attached to the Office of the Deputy Secretary for Health Facility Regulation and Accreditation.
(b) The Secretary shall appoint a pharmacist with not less than five (5) years professional experience to direct the overseeing functions of the Medication and Pharmacy Division and shall have an adequate number of inspector pharmacists to perform, among others, the following functions:
(1) To examine records, documents, inventories, property, physical facilities, premises, transactions, business or any other materials or activities relative to the manufacture, distribution, and dispensation of medications subject to the provisions of this chapter.
(2) To recall or seize any unregistered medication pursuant to this chapter, or any medication not fit for consumption.
(3) To compile the evidence necessary for the prosecution of violators of this chapter and the regulations thereunder, in order for these to be prosecuted at the corresponding administrative or judicial forum.
(4) To summon witnesses, take oaths, and certify declarations or other documents.
(c) Any document whose examination is pertinent under the provisions of this chapter and which is relative to the manufacture, importation, distribution, purchase, dispensation, sale or vending of medications in Puerto Rico, shall be available for inspection by the Secretary. Likewise, any person holding a license, certificate or authorization under this chapter, shall facilitate any inspection as required by the Secretary. The fact that the owner or main manager is not present at the establishment shall not be cause or justification to prevent said inspection from being conducted, but the Secretary shall establish by regulation a reasonable maximum term within which any document required during the inspection which was not available at the time, is to be made available for examination. In those cases in which validly obtained documents are not to be used pursuant to that which is provided in this chapter, these shall be returned to their owner or legal custodian from whom they were obtained. Documents obtained under this chapter shall be classified as confidential, unless their use is allowed by law.
(d) The Medication and Pharmacy Division shall notify the Board of Pharmacy of those violations of this chapter and its regulations incurred by pharmacists and pharmacy technicians. Likewise, it shall notify the College of Pharmacists of Puerto Rico of the violations incurred by pharmacists.
History —Sept. 3, 2004, No. 247, § 6.03.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VI - Administrative Provisions and Penalties (§§ 411 — 411f) › § 411c - Investigative and adjudicative procedures by the Secretary

Any investigative and adjudicative procedure by the Secretary that arises under the provisions of this chapter, as well as the imposition and amount of administrative fines imposed for the violation thereof and the judicial review of final decisions made by the Secretary shall be governed by that which is established in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
History —Sept. 3, 2004, No. 247, § 6.04.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VI - Administrative Provisions and Penalties (§§ 411 — 411f) › § 411d - Cease and desist orders

The Board of Pharmacy and the Secretary of Health may issue cease and desist orders on conducts which violate the provisions of this chapter and may resort to the aid to the Court of First Instance so that the latter orders compliance therewith.
History —Sept. 3, 2004, No. 247, § 6.05.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VI - Administrative Provisions and Penalties (§§ 411 — 411f) › § 411f - Administrative fines

(a) The Board and the Secretary may impose administrative fines for up to a maximum of five thousand dollars ($5,000) pursuant to that which is provided in §§ 2101 et seq. of Title 3, on any person who incurs a violation of this chapter or of the provisions of the regulations adopted thereunder; being it understood, that each day the infraction or noncompliance subsists shall be considered to be a separate violation.
(b) Refusal of the offender to pay the administrative fine shall be sufficient grounds for the Board or the Secretary to adopt any other remedy granted under this chapter to punish the violation and to suspend any license, certificate, or special authorization obtained under its provisions.
(c) Revenues collected on account of administrative fines shall be covered into the Health Fund created under the provisions of Section 11-A of Act No. 26 of November 13, 1975, as amended, to be exclusively used by the Board of Pharmacy and the Medication and Pharmacy Division, as may correspond.
History —Sept. 3, 2004, No. 247, § 6.07.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VII - Transitory Provisions, Severability, and Effectiveness (§§ 412 — 412c) › § 412 - Members in Office of the Board of Pharmacy

Upon the approval of this act, members in office of the Board of Pharmacy shall continue to hold office until the expiration date of their respective appointments or until their successors are appointed and take office. The Governor, with the advice and consent of the Senate of Puerto Rico, shall appoint two (2) additional members to raise the total number of members to seven (7), and they shall hold office for a term of four (4) years, as provided in this chapter.
History —Sept. 3, 2004, No. 247, § 7.01.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VII - Transitory Provisions, Severability, and Effectiveness (§§ 412 — 412c) › § 412a - Pharmacy assistant apprentice certificate

The Board shall ratify, within a term of six (6) months from the date of effectiveness of this act, all pharmacy assistant apprentice certificates issued under Act No. 282 of May 15, 1945, as amended, for which the holder thereof shall have previously submitted the documents required by the Board by regulation. Together with the submission of documents, holders shall include a check or money order payable to the order of the Secretary of the Treasury or a credit or debit card, following the norms of the Secretary of the Treasury concerning these means of payment, for the amount of ten dollars ($10).
As of the date said certificate has been ratified, the pharmacy assistant apprentice shall have a maximum term of three (3) years to obtain a pharmacy technician certificate, complying with the requirements of said Act. Once the term granted by the Board has lapsed, he/she shall comply with the requirements provided for in this chapter to obtain a pharmacy technician certificate.
History —Sept. 3, 2004, No. 247, § 7.02.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VII - Transitory Provisions, Severability, and Effectiveness (§§ 412 — 412c) › § 412b - Compacts, contracts and regulations in effect

(a) None of the provisions of this chapter shall be construed to modify, alter or invalidate any license, certificate, authorization, permit, agreement, compact, claim or contract executed under the provisions of Act No. 282 of May 15, 1945, as amended, or the regulations thereunder. All regulations promulgated under said Act shall continue to be in full force and effect until amended or repealed, provided they are not in contravention of this chapter.
(b) The regulations needed to render the purposes of this chapter practicable shall be promulgated by the Board and by the Secretary within a term not greater than six (6) months from the date of approval of this act.
History —Sept. 3, 2004, No. 247, § 7.03.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VII - Transitory Provisions, Severability, and Effectiveness (§§ 412 — 412c) › § 412c - Proceedings initiated before the approval of this act

All applications for licensure/certification examinations; pharmacist licenses; pharmacy technician certificates; internship authorizations; establishment licenses to manufacture, distribute or dispense medications; and permits to act as a sales agent; and all proceedings, action or claim pending before the Board of Pharmacy, before the Secretary or before the General Court of Justice on the date of approval of this act, shall continue to be processed pursuant to the provisions of Act No. 282 of May 15, 1945, as amended, and the regulations in effect, until a final decision is made concerning the same.
History —Sept. 3, 2004, No. 247, § 7.04.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 431 - Creation

Provided that the majority of them so decide in a referendum that shall be held for the purpose as hereinafter provided, the professionals entitled to practice the profession of pharmacy in Puerto Rico are hereby constituted in an artificial entity or quasipublic corporation under the name of “College of Pharmacists of Puerto Rico”, with domicile in the place that the first assembly shall determine.
History —May 15, 1938, No. 243, p. 458, § 1, eff. 60 days after May 15, 1938.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 432 - Powers

The College of Pharmacists of Puerto Rico shall have power:
(a) To subsist in perpetuity under that name, to sue and be sued, as an artificial person.
(b) To possess and use a seal which it may alter at will.
(c) To acquire rights and property, both real and personal, by donation, legacy, taxes on its own members, purchase, or otherwise; and possess them, mortgage them, lease them, and dispose of them in any manner.
(d) To appoint its directors and officials or officers.
(e) To adopt its regulations, which shall be obligatory on all the members, as the assembly provided for in § 13 of this act or, in default thereof, the governing board hereinafter established may prescribe.
(f) To adopt and [implement] the canons of professional ethics that shall govern the conduct of pharmacists.
(g) To receive and investigate the complaints formulated under oath in regard to the conduct of the members in the practice of the profession, and it may send them to the Board of Directors for action thereon; and after a preliminary hearing in which an opportunity shall be given to the interested person, the corresponding proceeding for removal shall be instituted before the Board of Pharmacy of Puerto Rico if well-grounded cause is found.
(h) To protect its members in the practice of the profession, and through the creation of gratuity funds, insurance systems, and special funds, or in any other manner, to help those who retire for physical disability or advanced age, and the heirs or beneficiaries of those who die.
(i) To exercise such incidental powers as may be necessary or advisable for the purposes of its creation and as are not in conflict with this chapter.
History —May 15, 1938, No. 243, p. 458, § 2; June 30, 1959, No. 103, p. 293, § 1; June 24, 1971, No. 101, p. 338, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 433 - Membership required for practice

All pharmacists admitted to practice the profession by the Board of Pharmacists of Puerto Rico and those pharmacists to whom the Board of Pharmacists has issued special authorization to practice at a Commonwealth or municipal government health facility pursuant to the provisions of §§ 73—73k of this title shall be members of the College.
No person who is not a member thereof may practice the profession of pharmacist in the Commonwealth of Puerto Rico.
History —May 15, 1938, No. 243, p. 458, § 3; Apr. 26, 1939, No. 43, p. 398, § 1; July 2, 1985, No. 43, p. 153.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 434 - Organization

First, its general assembly and second, its Board of Governors shall rule the destinies of the College.
History —May 15, 1938, No. 243, p. 458, § 4, eff. 60 days after May 15, 1938.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 435 - Officers and governing board

The Board of Governors of the College of Pharmacists of Puerto Rico shall be made up of not [fewer] than twenty-one (21) members. The regulations shall provide as to the composition of the Board of Governors and the manner and frequency of their election.
History —May 15, 1938, No. 243, p. 458, § 5; June 30, 1959, No. 103, p. 293, § 2; June 24, 1971, No. 101, p. 338, § 2; June 26, 1980, No. 7, p. 883; July 2, 1985, No. 43, p. 153.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 436 - Local organization

The regulations shall establish district delegations or local organizations which are to be elected or appointed, to function and to perform their duties in the form and under the conditions [set] by the regulations themselves; but the election or designation of those who are to constitute them shall be made, save in the case such power is relinquished, by the members of the College who reside or work in the respective territorial districts of the delegations or organizations.
History —May 15, 1938, No. 243, p. 458, § 6; June 30, 1959, No. 103, p. 293, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 437 - Regulations

The regulations shall provide that which has not been foreseen by this chapter, including all that concerns the functions, duties and proceedings of all its bodies and officers; notice of meetings, dates, quorum, requirements and format of its general assemblies and sessions of the Governing Board; election of directors and officers; standing committees; budget or investment of all funds and disposition of the assets of the College; the term of all offices, creation of vacancies and the method of filling them; Provided, That the regulations may be amended at an annual or special assembly or by referendum; and further, Provided, That in order to proceed to vote on the amendments no less than ten percent (10%) of the membership must be present or their votes received, of which at least two-thirds of the votes must be in the affirmative for an amendment to be considered as approved.
History —May 15, 1938, No. 243, p. 458, § 7; June 30, 1959, No. 103, p. 293, § 4; July 2, 1985, No. 43, p. 153.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 438 - Quotas—Establishment

The College of Pharmacists of Puerto Rico shall be empowered to prescribe by regulation such quota as its members may deem appropriate.
History —May 15, 1938, No. 243, p. 458, § 8; June 30, 1959, No. 103, p. 293, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 439 - Quotas—Suspension for failure to pay

Any member who does not pay his quota and is otherwise qualified as a member of the College shall be suspended as such member, but he may be reinstated by the payment of what he owes for that reason.
History —May 15, 1938, No. 243, p. 458, § 9, eff. 60 days after May 15, 1938.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 440 - Penalties

Every person who, without being duly admitted and licensed to practice the profession as provided by this chapter, or who, during the suspension of his license, practices as a person qualified to do so, advertises himself as such or tries to pass himself off as a practicing pharmacist shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) or by imprisonment for not less that two (2) months, or by both penalties.
History —May 15, 1938, No. 243, p. 458, § 10, eff. 60 days after May 15, 1938.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 21 - College of Pharmacists (§§ 431 — 441) › § 441 - Duties of College

The College of Pharmacists of Puerto Rico shall have the following obligations:
(1) To cooperate in the improvement of the practice of pharmacy, watching out at all times for the health of the people;
(2) to furnish the reports and consultations that the Government may claim from it;
(3) to defend the rights and immunities of pharmacists, and
(4) to maintain healthful and strict professional ethics among its members.
History —May 15, 1938, No. 243, p. 458, § 11, eff. 60 days after May 15, 1938.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471 - Title

Sections 471—471v of this title will be known as the “Act to Regulate the Profession of Chemist in Puerto Rico”, which requires that in the future, any person that practices the profession of chemist in Puerto Rico must have a chemist’s license as provided in §§ 471—471v of this title.
History —June 4, 1983, No. 97, p. 257, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471b - Creation

The Chemists Examining Board of Puerto Rico, attached to the Department of State and henceforth designated as “the Board”, is hereby created to regulate the practice of the profession of chemist with the duties and faculties provided hereinafter.
History —June 4, 1983, No. 97, p. 257, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471c - Members—Number and appointment

The Board shall be composed of seven (7) chemists who shall be appointed by the Governor of Puerto Rico with the advice and consent of the Senate, within sixty (60) days after the effective date of this act.
History —June 4, 1983, No. 97, p. 257, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471d - Members—Requirements

The persons appointed to form part of the Board must be of legal age, have resided in the Commonwealth of Puerto Rico for a period of not less than five (5) years prior to their appointment, have at least five (5) years of experience in the practice of the profession of chemist and be active members of the College of Chemists of Puerto Rico.
History —June 4, 1983, No. 97, p. 257, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471e - Members—Term of office

The members of the first Board will serve in office in the following manner: three (3) for two (2) years, two (2) for three (3) years and two (2) for four (4) years. Upon the expiration of each member’s term, the Governor of Puerto Rico shall appoint their successors for a term of four (4) years with the advice and consent of the Senate. Each member of the Board will remain in office until the expiration of his term or until a successor has been appointed and takes office.
The vacancies that occur in the Board will be filled in the same way in which the original appointments were made. The term of any member who fills a vacancy shall extend for the remainder of his predecessor’s term.
No person may be a member of the Board for more than two (2) consecutive terms.
History —June 4, 1983, No. 97, p. 257, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471f - Members—Removal

The Governor may remove any member of the Board for inefficiency or negligence in the performance of his duties, or for any other justified cause after filing of charges, due notice and hearing.
History —June 4, 1983, No. 97, p. 257, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471g - Members—Meetings

The Board shall meet within thirty (30) days after the date on which its members were appointed and took possession of their office. It will hold four (4) regular meetings a year in the months of March, June, September and December for the consideration and solution of its official business, but it may hold as many meetings as necessary for the prompt transaction of its obligations and duties. It may hold as many special meetings as necessary. During its first meeting, the members shall elect from among themselves a chairman who shall hold office for a term of one (1) year, with an opportunity to be reelected to a second term and under the conditions [set] by the bylaws of the Board. The Chairman shall convoke [the] meetings of the Board.
Four (4) members of the Board will constitute a quorum. The agreements will be reached by the majority vote of the members present.
History —June 4, 1983, No. 97, p. 257, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471h - Members—Per diems

Each member of the Board, including public employees and officials, shall receive a fifty-dollar ($50) compensation for each day or portion thereof in which they render services to the Board, in addition to compensation for mileage from their domicile to the site of the Board and back, according to the regulations of the Department of the Treasury to such effect. As of January 1, 1999, the members of the Board shall receive per diems equal to the minimum per diems established for the members of the Legislature, up to a maximum of three thousand dollars ($3,000) per year, except for the Chairperson of the Board who shall receive per diems equal to one hundred and thirty-three percent (133%) of the per diems received by the remaining members of the Board.
History —June 4, 1983, No. 97, p. 257, § 9; Aug. 2, 1995, No. 93, § 1; Jan. 4, 2000, No. 7, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471i - Members—Duties and powers

Each member of the Board shall receive a certificate of his appointment from the Governor of Puerto Rico, and before assuming the duties of his office shall take an oath before an official authorized to administer it.
The Board shall have the following duties and powers:
(a) To issue, suspend, revoke or deny licenses for the practice of the profession of chemist, for the reasons consigned in §§ 471—471v of this title.
(b) To adopt bylaws, pursuant to the provisions of §§ 2101 et seq. of Title 3, that will include the provisions necessary for the performance of its duties and the rules of procedure that it considers convenient for the transaction of its business, within a period of six (6) months after the approval of this act.
(c) To keep a minute book of all its proceedings in which all its resolutions and actions shall be recorded.
(d) To keep a register of each and every chemist authorized to practice said profession in Puerto Rico, including their address, place of employment or work and the date and number of their license. The register must be revised every three (3) years.
(e) To adopt an official seal for use in the transmittal of all the licenses and other documents issued by the Board.
(f) To take oaths, hear testimony and receive evidence related to matters within its jurisdiction.
(g) To issue summons requiring the appearance of witnesses and the filing of data, documents and reports that it considers necessary. When a summons issued by the Board is not complied with, the Board may appear before any Court of First Instance of Puerto Rico Part and petition the court to issue a writ to order compliance with the summons, under penalty of contempt.
(h) To carry out investigations related to compliance of §§ 471—471v of this title.
(i) To adopt a code of ethics for the practice of the profession of chemist.
(j) To prepare and administer licensing examinations in order to measure the capacity and professional competence of the candidates to a license, during the months of February and August of each year; Provided, That it is empowered to call for examinations on other dates when, in the exercise of its discretion, it considers it is necessary.
(k) To submit to the Governor of Puerto Rico, through the Secretary of State, an annual report of its proceedings informing the number of licenses issued, suspended, cancelled or renewed.
(l) To carry out any other steps, in addition to those stated herein, that might be necessary to comply with the provisions of §§ 471—471v of this title.
(m) To give advice regarding the accreditation of curricul[a] with specializations in chemistry, by petition of the Council on Higher Education.
History —June 4, 1983, No. 97, p. 257, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471j - License—Application

(a) Every candidate to the practice of the profession of chemist in Puerto Rico must complete an application form provided by the Board for such purposes. Said application form must be accompanied by the fees, hereinafter specified, on the official receipt issued by an Internal Revenue Collection Office in order to obtain a license by means of an examination.
(b) The candidate for a license shall also include a good conduct certificate issued by the Police of Puerto Rico within the six (6) months prior to the date on which the license application is filed and satisfactory evidence of being a bona fide resident of the Commonwealth of Puerto Rico.
(c) The candidate shall present evidence of having approved the corresponding academic degree indicated in § 471k of this title.
History —June 4, 1983, No. 97, p. 257, § 11; Sept. 6, 1996, No. 194, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471k - License—Examination

In order to be admitted to the chemist’s examination the candidate, in addition to what is established in § 471j of this title, must file before the Board satisfactory evidence that he holds:
(a) A university degree equivalent to a bachelor’s, master’s or doctor’s degree with a major in chemistry, from a university, college or study center accredited by the Council on Higher Education of Puerto Rico.
(b) Evidence of having approved a minimum of three hundred fifteen (315) hours of theoretical, and three hundred (300) hours of laboratory work in the following courses or subject matter, without including general chemistry:
(1) Organic chemistry Theory—90 hours Laboratory—90 hours (2) Quantitative and Theory—90 hours instrumental chemistry Laboratory—120 hours (3) Physical chemistry Theory—90 hours Laboratory—90 hours (4) Other chemistry courses Theory—45 hours
The Board will provide by regulations everything related to the content of the examinations, the general average needed for their approval, the repetition of examinations in case a candidate fails and any other pertinent data with regard thereto, as provided in subsection (b) of § 471i of this title.
The examination date shall be announced by means of a notice published in two (2) newspapers of general circulation in Puerto Rico two (2) months prior to the examination.
History —June 4, 1983, No. 97, p. 257, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471l - License—Requirements

[Except as provided in §§ 471j(c) and 471k of this title:]
(a) The Board shall grant a license to every person who complies with the academic requirements called for in §§ 471—471v of this title, and has also [passed] the revalidation examination given by the Board.
(b) The Board shall issue licenses to every person who is a graduate of the University of Puerto Rico, or of a college or university that has obtained the approval of the Council on Higher Education of Puerto Rico, or of any college or university of any state or territory of the United States of America that has obtained the approval of any of the following regional associations for the accreditation of institutions of higher learning:
(1) New England Association of Colleges and Secondary Schools.
(2) The Middle States Association of Colleges and Universities.
(3) The North Central Association of Colleges and Secondary Schools.
(4) The Northwest Association of Secondary and Higher Schools.
(5) The Southern Association of Colleges and Secondary Schools
(6) The Western Colleges Association.
By petition of the Board, the Council on Higher Education may evaluate and accredit universities and educational institutions that are not covered or accredited by the associations included in this list.
(c) The Board shall issue licenses without a prior revalidation examination to any professional who, in addition to meeting all the requirements indicated in subsection (a) of this section, holds a master’s or doctor’s degree in chemistry with presentation of a thesis.
(d) The renewal of a chemist’s license issued under the circumstances indicated in subsections (a) and (b) of this section shall be done as provided in §§ 471—471v of this title.
History —June 4, 1983, No. 97, p. 257, § 13; Sept. 6, 1996, No. 194, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471m - License—Issuance

The Board will issue a chemist’s license to any person who has complied with the requirements of §§ 471—471v of this title.
Said license shall be kept in a visible place at the license holder’s workplace.
History —June 4, 1983, No. 97, p. 257, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471n - License—Issued prior to this act

The licenses to practice the profession of chemist issued prior to the approval of this act shall be considered equivalent to those of licensed chemists, without it being necessary for those who hold them to request a revalidation from the Board, or the issue of a new license, or the approval of an examination.
History —June 4, 1983, No. 97, p. 257, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471o - License—Renewal

The Board of Examiners of Chemists shall renew the license of every chemist to whom the Board has previously issued a license to practice the profession of chemist in Puerto Rico based on a Continuing Education Program to be implemented in consultation with the College of Chemists.
The Board shall establish the necessary requirements and mechanisms for the renewal of the license, which shall be renewed three (3) years, after being issued or renewed [sic].
History —June 4, 1983, No. 97, p. 257, § 16; Sept. 6, 1996, No. 194, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471p - License—Temporary

The Board may, [at] its discretion, issue a temporary chemist’s license for a period of one (1) year, renewable for one (1) additional year under extraordinary circumstances, to any person that qualifies for admission to an examination.
History —June 4, 1983, No. 97, p. 257, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471q - Seal

Every person authorized to practice the profession of chemist in Puerto Rico must avail himself of a seal that reads as follows: “Commonwealth of Puerto Rico”, “Licensed Chemist”. The seal will also include the name and license number of the holder and will be stamped on every certificate issued by the chemist.
History —June 4, 1983, No. 97, p. 257, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471r - Fees

The Board shall charge the following fees:
For each examination $ 25.00
For first license 30.00
For license renewal 30.00
For provisional license 40.00
For duplicate of any license 10.00
The fees thus collected shall be covered into the Government’s General Fund. Said fees will not be reimbursed if the person fails the examination or fails to appear to take it.
History —June 4, 1983, No. 97, p. 257, § 19, eff. 120 days ofter June 4, 1983.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471s - Stamp

Every report of results or certification of an analysis issued by a licensed chemist in the pharmaceutical, petrochemical or chemical industry, food industry [or] analytical labratory as a consultant, or in other entities, with quality control programs or for other purposes, with the exception of the government agencies, shall bear a stamp which shall be adopted and issued by the College of Chemists of Puerto Rico. Said stamp shall have a nominal value of one dollar ($1) and the proceeds collected by this means shall be used in the Continuing Education Program that will be jointly sponsored and regulated by the Board with the College of Chemists.
As of the fiscal year in which the proceeds from the sale of stamps exceed 250% of the proceeds during 1995-1996, the nominal value of the required stamp shall be reduced to fifty (50) cents of a dollar. This stamp shall be canceled with the seal of a licensed chemist, thus certifying the validity of the document.
History —June 4, 1983, No. 97, p. 257, § 20; Sept. 6, 1996, No. 194, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471t - Denial, suspension or revocation of license

The Board may refuse to issue a license, may temporarily or permanently revoke or suspend a license issued in accordance with the provisions of §§ 471—471v of this title, after due notice to the interested party and allowing said party to be heard by holding a hearing, when said party:
(a) Does not meet the requirements for a license established by §§ 471—471v of this title; or obtained or tried to obtain a license to practice the profession of chemist by means of fraud or deceit.
(b) Has practiced the profession of chemist in Puerto Rico illegally.
(c) Has incurred in gross negligence, in prejudice of a third party, while performing his professional duties.
(d) Has been convicted of a felony or a misdemeanor that involves moral turpitude.
(e) Has been declared mentally incompetent by a court of competent jurisdiction.
(f) Is addicted to drugs, or is an alcoholic; Provided, That the license may be issued as soon as said person proves that he is able, if he meets all the other requirements established in §§ 471—471v of this title.
History —June 4, 1983, No. 97, p. 257, § 21.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471u - Hearings

(a) The Board may initiate proceedings under the provisions of §§ 471—471v of this title, on its own initiative, through a complaint of an interested person, or by request of a person whose license has been denied, suspended or revoked.
(b) The person affected will be notified in writing of the nature of the charge or charges brought against him, or the reason for the denial, suspension or revocation of the license, and the place and date that the hearing before the Board will be held. Said notice will be served at least thirty (30) days prior to the date that the hearing will be held and may be served personally or by forwarding a copy of the notice to the person by certified mail with a receipt requested to his last known address.
(c) If after being duly notified, the respondent or person to whom a license has been denied, suspended or revoked fails to appear at the hearing, the Board may proceed to submit the evidence against him and issue the order that said evidence justifies. If within thirty (30) days following the notice of the Board’s order, the person concerned shows that his failure to appear was due to a fair and reasonable cause, the Board may reopen the case and allow him to furnish evidence in his favor.
(d) The decision of the Board denying, suspending or revoking a license may be reconsidered within twenty (20) days following the notice of said decision.
(e) Any person adversely affected by a final decision of the Board may request a revision thereof by filing a petition before the Court of First Instance of Puerto Rico within thirty (30) days after having been notified of said final decision. The petition for review shall state the grounds for requesting said review. A copy of said request must be delivered to any member of the Board immediately, after which the Board will file a certified copy of the record on which it based its decision in the court.
History —June 4, 1983, No. 97, p. 257, § 22.
2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 23 - Board of Examiners of Chemists (§§ 461 — 471v) › § 471v - Penalties

It shall be unlawful for any person to practice or offer to practice the profession of chemist in Puerto Rico without being duly licensed to do so. It shall be unlawful for any individual, employer or firm organized as a corporation, business partnership, entity, affiliate, company or in any other form or legal structure in which a business or industry may be organized to employ or offer employment to any person to practice the profession of chemist who is not duly licensed to do so. It shall also be unlawful for any person to use his name or in other way advertise any title or description that may give the impression that he is a chemist without being duly licensed as such with the corresponding certificate or license issued by the Chemists Examining Board of Puerto Rico.
Any person that circulates, sells, buys, hands over or does business with the contents of the questions or the answers which constitute the licensing examination, be it by means of an original, a copy, photostatic copy or any of the materials used in the preparation of the examination, will be guilty of a misdemeanor and, upon conviction, shall receive one of the penalties established in the next paragraph.
Any person convicted of violating the provisions of §§ 471—471v of this title shall be guilty of a misdemeanor and, upon conviction, will be punished with a fine of at least five hundred dollars ($500) or imprisonment for a period of sixty (60) days, or both penalties, [at] the discretion of the court.
History —June 4, 1983, No. 97, p. 257, § 23.