Esta ley enmienda la "Ley de Establecimientos para Personas de Edad Avanzada" para clarificar los requisitos de acreditación para los cursos y seminarios de gerontología. Establece que la acreditación por el Consejo de Educación Superior de Puerto Rico es necesaria si los cursos forman parte de un programa universitario con valor de créditos, mientras que la acreditación por el Consejo General de Educación es requerida si los cursos no otorgan créditos universitarios. También deroga una sección de una ley anterior relacionada con este tema.
(Approved on April 17, 2003)
To add a seventh paragraph to subparagraph
(c) of Section 7 of Act No. 94 of June 22, 1977, as amended, known as "Establishments for the Aged Act," in order to clarify when it shall be a requirement for the courses or seminars on new gerontology findings to be accredited by the Council on Higher Education of Puerto Rico and/or by the General Council on Education and to repeal Section 2 of Act No. 190 of December 28, 2001.
Act No. 190 of December 28, 2001, amended subsection C of Section 7 of Act No. 94 of June 22, 1977, as amended, known as the "Establishments for the Aged Act," with the purpose of providing that on the date for the renewal of licenses for the people in charge of the establishment, as well as the personnel who work in the same or render direct services to the aged, evidence must be produced of having taken an annual training course or seminar on new findings in the area of gerontology, with special emphasis on seeing to the basic health needs, and the care, nutrition, recreation and socialization of the aged.
Section 2 of Act No. 190, supra, establishes the requirements for accreditation by the Puerto Rico Education Council. However, it is not clear if the accreditation is exclusive to the gerontology courses or seminars or of the institution or body per se that offers them, even though the accreditation
concerns other courses or seminars related to subjects other than gerontology.
The Council on Higher Education of Puerto Rico (CESPR) is the entity designated by law (Act No. 17 of June, 1993, as amended) to evaluate and authorize the operation of institutions of higher learning in Puerto Rico. This includes academic offerings or programs leading to the issue of university degrees in the Island.
According to the provisions of Act No. 17, supra, if the curriculum or courses to be offered are not going to be validated at the university level or include the granting of a university degree, they do not require the approval the Council on Higher Education of Puerto Rico. On the contrary, in addition to complying with all the applicable regulatory requirements, if university credits or the granting of a university degree is available, the approval of CESPR is required.
The requirement added by Section 2 of Act No. 190, supra, to Act No. 94, supra, establishes the responsibility of CESPR beyond the jurisdiction granted to it by Act No. 17, supra. It amounts to a heavy burden for this entity. The assumption of such a responsibility by CESPR is an ultra vires act pursuant to Act No. 17, supra.
It is indispensable that those courses or seminars that are offered, by virtue of Act No. 190, supra, and that have as a dual purpose to also be recognized under a university program of studies leading to the granting of a university degree, be constituted under the strictest academic quality parameters, thus the CESPR approval becomes indispensable in this case.
On the other hand, it is necessary that those courses or seminars offered on this subject that do not lead to the granting of an academic degree must be offered by institutions licensed by the General Council on Education
(GCE). This body has the responsibility of guaranteeing that the educational services offered by private educational institutions at the preschool, elementary, secondary, vocational, technical and higher skills levels and post high school of a non-university nature, meet the minimum requirements of excellence that have been determined. The private post-secondary institutions of a non-university nature, that are governed by the GCE are those in which their offerings do not entail the granting of a university degree and that regularly grant certificates to their graduates.
Under this premise, it must be clarified as indicated by the General Council on Education itself, that they grant licenses in the area of geriatrics to those educational institutions that offer post high school programs of a non-university nature where certificates are granted and which do not entail the granting of higher education degrees.
In view of all that has been stated above, it must be clarified in which cases the course or seminar on new gerontology knowledge, to which the same refers, shall be accredited by the Council on Higher Education or offered by institutions licensed by the General Council on Education, so that the requirement of accreditation by one of the bodies does not become inoperative in those cases where it does not apply, and/or one of these bodies is placed in a situation of acting ultravires. Additionally, Section 2 of Act No. 190, supra, is transferred as the seventh paragraph of subparagraph
(c) of Section 7 of Act No. 94, supra, making it an integral part thereof.
Section 1.- A seventh paragraph is added to subparagraph
(c) of Section 7 of Act No. 94 of June 22, 1977 as amended, is added, to read as follows:
Section 7.- Granting, Renewal, Suspension, Denial or Cancellation of Licenses
(a) ...
(b) ...
(c) $\ldots$
The Department of the Family in collaboration with the Gerontology Program of the Medical Sciences Campus of the University of Puerto Rico System, with the Puerto Rico College of Social Workers, with the Office for the Affairs of the Elderly and with any other public or private agency, entity or instrumentality that the Department of Family deems necessary to include, shall identify and coordinate the annual training course(s), or seminar(s) on new knowledge in the area of gerontology, with special emphasis on attending the basic needs of health, care, nutrition, recreation and socialization of the aged that are required in this subparagraph. For such ends, said course(s) must be accredited by the Council on Higher Education of Puerto Rico when the courses or seminars on new gerontology knowledge are part of a university study program leading to a degree and/or even to have value as university credits. However, when said course or seminar is not part of a university study program leading to a degree and/or has no value in university credits, it shall be required that it be offered by an institution accredited by the General Council on Education."
Section 2.- Section 2 of Act No. 190 of December 28, 2001 is hereby repealed.
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 112 (S.B. 1745) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a seventh paragraph to subparagraph
(c) of Section 7 of Act No. 94 of June 22, 1977, as amended, known as "Establishments for the Aged Act," in order to clarify when it shall be a requirement for the courses or seminars on new gerontology findings to be accredited by the Council on Higher Education of Puerto Rico and/or by the General Council on Education and to repeal Section 2 of Act No. 190 of December 28, 2001, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of June of 2004.
Elba Rosa Rodríguez-Fuentes Director