P.R. Laws tit. 3, § 402o
The Administrator is the only official who is authorized to issue, deny, renew, or revoke licenses to operate facilities and institutions, whether public or private, engaged in the prevention, non-medicated treatment, and rehabilitation of persons with mental disorders, addiction to or dependence on narcotics, depressant or stimulant substances, including alcohol.
The Administrator is hereby empowered to establish the necessary regulations to issue licenses to said institutions and facilities. The Administrator shall also regulate the operation of said facilities and institutions.
The licenses issued by the Administrator shall be valid for two (2) years. The Administrator shall require that the minimum license requirements are met, or otherwise the license thus issued shall be revoked upon a hearing to such effects. The Administrator shall establish by regulation the costs that the institution requesting the license must pay, establishing categories between profit and nonprofit institutions. The regulations adopted by the Administrator to such effects shall establish, among other requirements for the issue and renewal of licenses, that the applicant shall describe the nature and philosophy of the prevention, treatment, or rehabilitation program to be used, the accrued experience, if any, any objective data with regard to the program’s probability of success, proof of the professional and administrative competence, and the financial competency of the requesting entity and the personnel thereof, including proof of compliance with the continuing education requirement established in Act No. 408-2000, as amended, known as the ‘Mental Health Code of Puerto Rico,’ a description and capacity of the physical facilities in which it shall operate, the clients to be served, and the assessment and auditing systems available. The Administrator, by himself or through his duly authorized representative shall visit and inspect the facilities and institutions described above at least once every eight (8) months for the purpose of ascertaining that the same are operating in accordance with the provisions of this Act and the rules and regulations promulgated thereunder, as well as the provisions of the license application form.
Among its licensing powers, the Administrator may request the institutions any information and documents that he deems pertinent, and may also inspect its facilities. The Administrator may request the assistance of a court of competent jurisdiction to enforce its powers and prerogatives over these institutions. Provided, however, that the Administrator shall establish an ongoing monitoring of these facilities and institutions to ensure the continuous quality and effectiveness of the services rendered and to protect the best interests of the patients. The Administrator may suspend or revoke said licenses at any time upon hearing to such effects, when he determines that a facility or institution has failed to meet the established quality and effectiveness requirements.
History —Aug. 7, 1993, No. 67, § 16; Aug. 6, 2008, No. 182, § 1; Aug. 16, 2012, No. 172, § 2.