Esta ley enmienda la Ley de Establecimientos para Ancianos para requerir que el personal y administradores de estos establecimientos tengan certificaciones vigentes en Resucitación Cardiopulmonar (RCP) y primeros auxilios, y que los establecimientos cuenten con un botiquín de primeros auxilios adecuado. También establece la obligación de notificar al Departamento de la Familia sobre el cumplimiento de estos requisitos por parte del nuevo personal.
(No. 210) (Approved August 12, 2004)
To amend Section 7 of Act No. 94 of June 22, 1977, as amended, known as the "Establishments for the Aged Act," in order to add a new subsection
(d) and renumber the present subsections
(d) ,
(e) and
(f) as subsections
(e) ,
(f) and
(g) so that when applying for a license or the renewal of a license to operate an establishment for the aged it be required that the person in charge of said establishment must present evidence of the fact that the person in charge of the administration as well as the employees or persons under contract to provide direct services to the aged in the establishment, have taken and passed a Cardiopulmonary Resuscitation (C.P.R.) course, and have maintained said certification current while working or rendering services in said establishment; and must furthermore present evidence of having taken and passed a first aid course through which they have been qualified to handle cuts, fractures, choking, burns and allergies among other health conditions; and for other purposes.
The number of elderly persons on our Island has experienced a rapid and accelerated rate of growth both in quantity and proportion as compared to other components of our society. Data obtained at the Planning Office of the Economic and Social Planning Area of the Census Office indicate that by the year 2000, before the 2000 census was taken there were 543,715 elderly persons on the Island 60 years of age or older. (13.98 percent). This
number is broken down into 237,372 men and 306, 343 women. According to the 2000 census, the number of the elderly on the Island had increased to 585,701 persons 60 years or age or older, accounting for $15.40 %$ of the total population of Puerto Rico. Women 60 years of age or older account for 54% of the elderly population of Puerto Rico. A considerable number of these people live in a home with their families, however, this proportion decreases when going from a sub-group of lesser age to a sub-group of greater age within the sector of the population 60 years of age or older.
On the other hand, according to the projections of the 2000 census, it is estimated that by the year 2010 the number of elderly persons in Puerto Rico shall increase to 693,430 . It is believed that a considerable number of these shall move on to live in group lodgings as they grow older. This constitutes a serious concern for our Government since the government facilities that provide services for this population are not prepared to receive the impact that such an increase in the elderly population of Puerto Rico in coming years represents.
According to the Governor's Office for the Affairs of the Elderly, Puerto Rico has close to six hundred and ninety-one (691) (sic) containing an estimated 8,775 elderly residents.
In Puerto Rico the deaths related to cardiopulmonary disease account for almost one third of the total deaths caused by chronic illness. In 1990, the total number of deaths due to that condition was 5,985; in 1991 the total number was 5,721 ; in 1992 it was 5,862 and the total number recorded in 1993 was 5,897 . However, many of these deaths could have been avoided if those persons close to the deceased had taken cardiopulmonary resuscitation and first aid courses.
The purpose of this legislative measure is to assure those elderly persons who receive services in establishments for the aged that the personnel who is to attend to them as well as the administrators of said places, have the knowledge and the proper qualifications to handle emergency situations whereby it is indispensable that the person in charge be trained in cardiopulmonary resuscitation and in first aid. The difference between the life and death of those elderly persons may well be in the hands of the person who directly attends to them.
Section 1.-To amend Section 7 of Act No. 94 of June 22, 1977, as amended, known as the "Establishments for the Aged Act," in order to add a new subsection
(d) and renumber the present subsections
(d) ,
(e) and
(f) as subsections
(e) ,
(f) and
(g) to read as follows: "(d) When applying for a license to be issued or renewed, the person(s) in charge of the establishment, as well the personnel who works or renders services there by directly attending to the elderly, shall provide evidence of having taken and passed a Cardiopulmonary Resuscitation (C.P.R.) course, and must furthermore present evidence of having taken and passed a first aid course through which they have been qualified to handle cuts, fractures, choking, burns and allergies among other health conditions.
For the purposes of this subsection the 'person in charge of the establishment' means the person(s) charged with the administration of the establishment for the elderly, regardless of whether they are natural or juridical persons or both. In case the owner of the establishment, be it a natural or juridical person or both, works at the establishment and directly attends to the elderly and does not administer the establishment, he/she must comply with the requirement of having taken and passed a Cardiopulmonary
Resuscitation (C.P.R.) course as well as a first aid course referred to in the preceding paragraph. In case the owner of the establishment administers the establishment, even though he/she does not directly attend to the elderly, he/she must comply with the requirement of having taken and passed a Cardiopulmonary Resuscitation (C.P.R.) course as well as a first aid course, respectively.
In case the owner of the establishment does not work at the establishment and delegates the administration of the establishment to a third party, it shall be enough for him/her to present evidence as to the fact that the person(s) designated for the administration of the establishment, as well as the personnel who works or renders services there by directly attending to the elderly, have taken and passed a Cardiopulmonary Resuscitation (C.P.R.) course as well as a first aid course, referred to in the first paragraph of this subsection.
Every time the license is renewed evidence must be presented as to the fact that the C.P.R. certification of every employee, person contracted to render services directly to the elderly, or every administrator is currently in effect.
Both the owner as well as the administrator of the establishment, in case they are not the same person, are bound to ensure and make possible that they themselves as well as their personnel are certified after passing the C.P.R. course and that they maintain their certification current while working at the establishment for the elderly. The owner of the establishment is bound to ensure that the personnel who works or renders services at the establishment for the elderly is obviously duly and currently certified to administer C.P.R. and first aid.
In case the administrator and/or the personnel changes within the course of the two (2) year term of effectiveness of the license, the owner of the establishment shall require that the new employee recruited or contracted provide evidence of having taken and passed both the C.P.R. and the first aid courses. The owner of the establishment shall be bound to immediately notify the Department of the Family regarding the evidence submitted by the new employee regarding the C.P.R. and the first aid courses on or before the ten (10) subsequent days after the date the new employee has been recruited or contracted.
The certifications of every employee or person contracted to render direct services to the elderly at the establishment, including that of the administrator, that indicate that they have taken and passed the cardiopulmonary resuscitation (C.P.R.) course pursuant to the provisions of the first paragraph of this subsection, shall all be displayed together in a visible area in the establishment. Violation of this provision shall be sanctioned according to the provisions of Section 13 of this Act.
For the purposes of this subsection, a first aid kit must be available at the establishment which must contain a splint, square compresses for setting fractures, alcohol, gauze pads, band aids, disposable masks, thermometer, and an oxygen tank with humidifier, among other first aid equipment and supplies."
Section 2.-The Department of the Family, in collaboration with the Office for the Affairs of the Aged, the Heart Association of Puerto Rico, the American Red Cross, Puerto Rico Chapter, the Commonwealth Emergency Management and Disaster Administration Agency, the Medical Sciences Campus of the University of Puerto Rico and the Department of Health and any other public or private agency, entity or instrumentality that the
Department of the Family deems necessary for the implementation of this Act, shall identify and coordinate the offering of the Cardiopulmonary Resuscitation (C.P.R.) course, as well as the first aid course.
Section 3.-This Act shall take effect three (3) months after its approval. However, the Department of the Family is granted a six (6) month term as of the date of approval of this Act to make any changes in the regulations that may be necessary to implement the same, subject to the provisions of Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act."
I hereby certify to the Secretary of State that the following Act No. 210 (S.B. 740) (Conference) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 7 of Act No. 94 of June 22, 1977, as amended, known as the "Establishments for the Aged Act," in order to add a new subsection
(d) and renumber the present subsections
(d) ,
(e) and
(f) as subsections
(e) ,
(f) and
(g) so that when applying for a license or the renewal of a license to operate an establishment for the aged it be required that the person in charge of said establishment must present evidence of the fact that the person in charge of the administration as well as the employees or persons under contract to provide direct services to the aged in the establishment, etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $12^{ ext {th }}$ of August of 2005.
Francisco J. Domenech Director